Aaron Winters | Executive Director, Healthcare Council | 847-334-6411

Happy Friday, Healthcare Council. Today is the deadline for bill introductions - we've had a crush of legislation filed each day this week. Next week is the Governor's budget address followed by three weeks of session before a week off in March. On to the update!


Odds and Ends
  • Rep. Crespo's nurse staffing ratio bill (HB2604), which the Chamber opposes, was kicked out of the rules committee a week-and-a-half ago and is sitting on second reading.
 
  • The first episode psychosis/assertive community treatment model medical necessity working group was today. The stated purpose of the working group is to develop recommendations for a medical necessity framework for the newly required mental health treatments. If you have an interest in the discussions, please let me know. DoI has posted notice for future meetings for this working group and other working groups they are hosting here.
 
 
Healthcare Committees Next Week
As always, if your organization is taking a position on any legislation, please let us know.
 
House Committees
 
Time: Feb. 18, 2 pm
Location: Room 114
HB4137 - Morgan - Creates the Flood Insurance Act. Allows the Department of Insurance to require, through prior form approval, that an authorized insurer issues an insurance policy, contract, or endorsement that meets the private flood insurance requirements in a specified provision of federal law. Provides that flood coverage rates are not subject to prior approval by the Department of Insurance, but the Department may audit an insurer's residential flood insurance rates to ensure that rates are based on actuarial data, methodologies, and standards that are not excessive, inadequate, or unfairly discriminatory. Requires insurers to notify the Department at least 30 days before writing flood insurance in this State, to notify the Department of any changes in rates within 30 days after the effective date of the change, and to file a plan of operation and financial projections, or revisions to the plan. Requires an agent of an insurer to maintain certain evidence in his or her records. Authorizes the Department of Insurance to certify that a private flood insurance policy provides flood coverage which equals or exceeds the coverage offered by the National Flood Insurance Program, or that a private flood insurance policy meets federal requirements. Provides that an insurer or agent who knowingly misrepresents that a flood insurance policy is certified under this Act commits an unfair or deceptive act under the Uniform Deceptive Trade Practices Act.
 
Human Services Committee
Time: Feb. 19, 8:30 am
Location: Room C-1 Stratton Building
 
HB3889 - Ford - Amends the Illinois Controlled Substances Act. Provides that the requirements for transmitting information to the central repository under the Prescription Monitoring Program also apply to opioid treatment programs that prescribe Schedule II, III, IV, or V controlled substances for the treatment of opioid use disorder.
 
HB3948 - Gabel - Creates the Over the Counter Diet Pills Act. Prohibits the sale of over the counter diet pills to any person under 18 years of age. Provides that retail establishments selling over the counter diet pills must limit access, display, and provide access to over the counter diet pills designated by the Department of Public Health in specified manners. Provides that violations of the Act's provisions shall be punished as a business offense with a fine of no more than $2,000 and shall constitute an unfair method of competition and an unfair or deceptive act or practice under the Illinois Insurance Code. Requires the Department, in consultation with the United States Food and Drug Administration and stakeholders, to determine which over the counter diet pills shall have limited accessibility. Amends the Illinois Insurance Code to make a conforming change. Effective 180 days after becoming law.
 
HB3993 - Stuart - Amends the Adult Protective Services Act. Expands the definition of "mandated reporter" to include investment advisors and insurance adjusters. Effective immediately.
 
Health Care Licenses Committee
Time: Feb. 19, 9 am
Location: Room 122B Capitol Building - Springfield, IL
 
HB3936 - Scherer - Amends the Nurse Practice Act. Provides that the Department of Financial and Professional Regulation must issue or deny a license no later than 30 days after completion of the application for practical nurse and registered professional nurse licensure. Provides that the Department must issue or deny a license no later than 30 days after receiving the required documentation for advanced practice registered nurse licensure. Effective immediately.
 
Labor & Commerce Committee
Time: Feb. 19, 2 pm
Location: Room 114 Capitol Building - Springfield, IL
 
HB3361 - Crespo - Amends the Minimum Wage Law. Provides that a nurse required to report to work, but not tasked to work or who is provided less than one-half the of the nurse's usual or scheduled day's work shall be paid for a minimum of 4 hours at the nurse's regular rate of pay. Does not apply to nurses paid on standby status. Effective January 1, 2020.
House Committee Amendment 2 has also been posted.
 
Public Health
Time: Feb. 18, 1:30 pm
Location: 400 Capitol - Springfield, IL
Subject Matter On: 5G and Public Health

SB3107 - Hunter - Creates the Sickle Cell Prevention, Care, and Treatment Program Act. Requires the Department of Healthcare and Family Services to establish a program for the purpose of providing for the prevention, care, and treatment of sickle cell disease and for educational programs concerning the disease. Requires the Department to: (1) develop application criteria and standards of eligibility for groups or organizations that apply for funds under the program; (2) develop standards for determining eligibility for individuals requesting care and treatment for sickle cell disease under the program; and (3) make available grants to groups and organizations who meet the eligibility standards set by the Department. Provides that the highest priority for grants shall be accorded to established sickle cell disease community-based organizations, and priority shall be given to ensuring the establishment of sickle cell disease centers in underserved areas that have a higher population of sickle cell disease patients. Provides that the program must: (i) increase access to health care, mental health resources, and pain management therapies for individuals with sickle cell disease; (ii) provide counseling to any individual, at no cost, concerning sickle cell disease and the sickle cell trait; (iii) provide for the establishment of additional sickle cell disease infusion centers; and (iv) provide for the development of a sickle cell disease educational outreach program. Requires the Department to conduct a study to determine the prevalence, impact, and needs of individuals with sickle cell disease and the sickle cell trait in Illinois. Amends the State Finance Act. Creates the Sickle Cell Chronic Disease Fund.
 
Time: Feb. 18, 3 pm
Location: 409 Capitol - Springfield, IL
Subject Matter On SB 2484, SB 2493
SB2328 - Murphy - Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that the Department of Human Services shall create and maintain an online database and resource page on its website. Provides that the database and resource page shall contain mental health resources specifically geared toward post-secondary social workers, counselors, parents, faculty, graduate assistants, school administrators, graduate and undergraduate students, and support personnel with the goal of connecting those people with mental health resources related to crisis services, wellness, sexual health, survivor support, gender-based violence, nutrition, stress reduction, anxiety, depression, violence prevention, suicide prevention, and substance use and encouraging information sharing among educational administrators, security personnel, resource officers, faculty, students, and all other employees of a university or college. Effective immediately.
 
SB2529 - Hastings - Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that on or after July 1, 2020, to receive the additional Long-Acting Injectable for Mental Health or Addiction Medicaid payment, a hospital shall submit a separate professional claim specifying "place of service 21 - Inpatient Hospital". Provides that the professional claim shall include the hospital as the billing provider and list the practitioner performing the procedure as the rendering provider. Requires the hospital to use the appropriate Healthcare Common Procedure Coding System Level II procedure code and the National Drug Code. Requires facilities participating in the federal 340B Drug Pricing Program to continue to bill the 340B actual acquisition cost for the medication. Provides that long-acting injectable medications for mental health or addiction shall not be subject to prior authorization under the medical assistance program or under any Medicaid managed-care plans when initiated at an inpatient hospital setting or when continued at an outpatient treatment facility.
 
SB2996 - Van Pelt - Amends the Rehabilitation of Persons with Disabilities Act. Requires the Department of Human Services to operate and maintain the Illinois Center for Rehabilitation and Education for the care and education of educable young adults (rather than children) with one or more physical disabilities and provide in connection therewith nursing and medical care and academic, occupational, and related training to such young adults (rather than children). Provides that any Illinois resident under the age of 22 (rather than 21) years who is educable but has such a severe physical disability or other cause that he or she is unable to take advantage of the system of free education in the State of Illinois, may be admitted to the Center or other specified facilities. Defines "Director" and deletes the definition of "vocational rehabilitation administrator". Amends the School Code. Provides that if the child is deaf, hard of hearing, blind, visually impaired, or diagnosed with an orthopedic impairment or physical disability and he or she might be eligible to receive services from the Illinois Center for Rehabilitation and Education, the school district shall notify the parents, in writing, of the existence of the school and the services provided and shall make a reasonable effort to inform the parents of the existence of other, local schools that provide similar services and the services that these other schools provide.
 
Insurance
Time: Feb. 19, 5 pm
Location: 212 Capitol - Springfield, IL
 
SB1420 - Murphy - Amends the Illinois Insurance Code. Provides that a group or individual 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 shall provide coverage for hippotherapy and other forms of therapeutic riding. Makes conforming changes in the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, the School Code, and the Health Maintenance Organization Act. The Chamber is opposed - this bill would require coverage of unproven and experimental treatments.
 
SB2457 - Morrison - Amends the Illinois Insurance Code. Removes the age limitation for coverage in provisions concerning coverage for epinephrine injectors. Effective immediately. The Chamber is neutral.
 
SB2470 - Murphy - Amends the Illinois Insurance Code. Provides that no individual or group policy of accident and health insurance or managed care organization shall change an insured's eligibility or coverage during a contract period. Provides that during a contract period, insureds shall have the protection and continuity of their providers, medication, covered benefits, and formulary during the contract period. Amends the Illinois Public Aid Code making conforming changes. The Chamber is opposed - plan flexibility allows for the incorporation of cost-saving measures.
 
SB2501 - Murphy - Amends the Illinois Insurance Code. Provides that a Medicare supplement policyholder is entitled to an annual open enrollment period lasting 60 days or more, commencing with the individual's birthday, during which time that person may purchase any Medicare supplement policy that offers benefits equal to or lesser than those provided by the previous coverage. Provides that, during the open enrollment period, an issuer of a Medicare supplement policy shall not deny or condition the issuance or effectiveness of Medicare supplemental coverage, nor discriminate in the pricing of coverage, because of health status, claims experience, receipt of health care, or a medical condition of the individual if, at the time of the open enrollment period, the individual is covered under another Medicare supplement policy or contract. Requires an issuer to notify a policyholder of his or her rights under this subsection at least 30 days and no more than 60 days before the beginning of the open enrollment period, and on any notice related to a benefit modification or premium adjustment.
 
SB2740 - Fine - Amends the Illinois Insurance Code. Provides that an insurer that amends, delivers, issues, or renews group accident and health policies providing coverage for hospital or medical treatment or services for illness entered into on or after January 1, 2021 shall ensure that the insured have timely and proximate access to treatment for mental, emotional, nervous, or substance use disorders or conditions. Provides that network adequacy standards for timely and proximate access to treatment for mental, emotional, nervous, or substance use disorders or conditions must satisfy specified minimum requirements. Provides that if there is no in-network facility or provider available for an insured to receive timely and proximate access to treatment for mental, emotional, nervous, or substance use disorders or conditions in accordance with the minimum network adequacy standards, the insurer shall provide necessary exceptions to its network to ensure admission and treatment with a provider or at a treatment facility in accordance with those network adequacy standards. Effective immediately.
 
SB2746 - Morrison - Amends the Illinois Insurance Code. Prohibits mandatory arbitration clauses in fully insured life, health, or disability insurance policies. Prohibits clauses in life, health, or disability insurance policies that reserve discretion to the insurer to interpret the terms of the contract or that provide standards of interpretation or review that are inconsistent with the laws of this State. Effective immediately.
 
SB2771 - Fine - Amends the Illinois Insurance Code. Provides that an insurer, health maintenance organization, independent practice association, or physician hospital organization may not attempt a recoupment or offset until all appeal rights of a health care professional or health care provider are exhausted. Provides that no recoupment or offset may be requested or withheld from future payments 6 months or more after the original payment is made (rather than 18 months or more after the original payment is made). Effective January 1, 2021.
 
Bill Introductions
 
We've once again attempted to sort through all the bill introductions into discrete topic areas - Insurance, Medicaid, Pharmacy/Pharmaceuticals, Providers, DD/Mental Health/Disabilities/CILAs/Long-Term Care and the always popular, Other.
 
Insurance
 
SB3161 - Gillespie - Amends the Navigator Certification Act. Provides that certified application counselors are subject to the same certification requirements as navigators. Provides that navigators or certified application counselors may not engage in any unfair method of competition or any fraudulent, deceptive, or dishonest act or practice related to the health insurance marketplace or to that individual's or entity's absence of a conflict of interest in connection with the enrollment of any individuals or employees in a particular private health benefit plan. Provides that a navigator or certified application counselor who fails to timely file for certificate renewal shall be charged a late fee in an amount prescribed by the Director of Insurance. Replaces provisions concerning criteria and requirements for entities or individuals applying for a navigator certificate with language allowing the Director of Insurance to establish certification terms and requirements for completed applications and exemptions from certification by rule for navigator or certified application counselor certificates. Revises the meaning of the terms "certified application counselor" and "navigator". Makes other changes. Effective immediately.
 
SB3226 - Fine - Amends the Illinois Insurance Code to prohibit an organization that provides group policies of accident and health insurance which include coverage for contraceptive services from claiming an exemption from the requirement to cover contraceptive services based on a religious or moral objection. Allows an organization that provides group policies of accident and health insurance to request an accommodation from the requirement to cover contraceptive services based on a religious or moral objection, if the inculcation of religious values is the purpose of the organization, the organization primarily employs and serves persons who share the religious tenets of the organization, and the organization is a nonprofit religious entity under federal law. Effective immediately.
 
SB3297 - Fine - Amends the Children's Health Insurance Program Act and the Covering ALL KIDS Health Insurance Act. In provisions concerning income verification to determine if an applicant is eligible for the benefits provided under those Acts, provides that a month's income may be verified by a single pay stub with the monthly income extrapolated from the time period covered by the pay stub. Amends the Illinois Public Aid Code. Removes a provision that set rates or payments for home health visits at $72 for dates of service in and after July 1, 2014. Removes a provision that set rates or payments for the certified nursing assistant component of the home health agency rate at $20 for dates of service on and after July 1, 2014. Requires the Department of Healthcare and Family Services to adopt, by rule, a model similar to the psychiatric Collaborative Care Model required under the Illinois Insurance Code. In a provision concerning assessments for long-term care facilities, provides that the Department of Healthcare and Family Services shall provide a self-reporting notice of the assessment form that a long-term care facility completes for the required period and submits with its assessment payment to the Department. In a provision concerning income verification to determine if an applicant is eligible for the medical assistance benefits provided under the Code, provides that a month's income may be verified by a single pay stub with the monthly income extrapolated from the time period covered by the pay stub. Repeals a provision requiring the Department to conduct an annual audit of the County Provider Trust Fund. Amends the Illinois Health Information Exchange and Technology Act and the Regulatory Sunset Act. Provides that the Illinois Health Information Exchange and Technology Act is repealed on January 1, 2026 (rather than January 1, 2021). Effective immediately.
 
HB4847 - Mazzochi - Amends the Illinois Insurance Code. In provisions requiring insurance coverage for prostate-specific antigen tests and for colorectal cancer examination and screening, removes provisions requiring the testing be recommended or prescribed by a physician. Amends the Illinois Insurance Code, the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, the School Code, the Health Maintenance Organization Act, the Limited Health Service Organization Act, the Voluntary Health Services Plans Act, and the Illinois Public Aid Code to require insurance policies to provide coverage for testing to establish the presence or absence of sexually transmitted diseases or infections. Effective immediately.
 
HB4876 - Pappas - Amends the Illinois Insurance Code to require a group policy of accident and health insurance that is amended, delivered, issued, or renewed on or after January 1, 2021 to provide coverage for a colonoscopy that is a follow-up exam based on an initial screen where the colonoscopy was determined to be medically necessary by a physician licensed to practice medicine in all its branches, an advanced practice registered nurse, or a physician assistant. Provides that a group insurance policy shall not impose a deductible, coinsurance, copayment, or any other cost-sharing requirement on colonoscopy coverage, except to the extent such coverage would disqualify a high-deductible health plan from eligibility for a health savings account under the Internal Revenue Code. Makes conforming changes in the Counties Code, the Illinois Municipal Code, and the Health Maintenance Organization Act. Effective January 1, 2021.
 
HB4963 - Didech - Amends the Illinois Insurance Code. Requires individual or group policies of accident and health insurance that provides coverage for telehealth services to provide coverage for: telehealth services at the same rate as in-person services; reimbursement for a telehealth originating site facility fee; and telehealth services from an originating site that is a facility licensed under the Nursing Home Care Act. Amends the Medical Assistance Article of the Illinois Public Aid Code to provide that the medical assistance program is required to comply with the provisions of the Illinois Insurance Code regarding telehealth services.
 
HB5040 - Mazzochi - Amends the Illinois Insurance Code to prohibit an individual or group policy of accident and health insurance or managed care plan from imposing a deductible, coinsurance, copayment, or any other cost-sharing requirement on coverage of diagnostic testing for a pediatric autoimmune neuropsychiatric disorder if such diagnostic testing is ordered by a physician. Provides that an individual or group policy of accident and health insurance or managed care plan is not required to cover diagnostic testing for a pediatric autoimmune neuropsychiatric disorder if a physician indicates that such diagnostic testing is requested by a guardian, authorized representative, or parent of a minor patient. Amends the Medical Patient Rights Act. Provides that a physician may not refuse a request of a guardian, authorized representative, or parent of a minor patient for minimally invasive diagnostic testing for pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute-onset neuropsychiatric syndrome.
 
HB5079 - Reitz - Amends the Illinois Insurance Code. In provisions concerning coverage for telehealth services, provides that certain health benefit policies or plans may not exclude from coverage a medically necessary health care service or procedure delivered by certain providers solely because the health care service or procedure is provided through telehealth (rather than requiring certain policies to meet specified criteria if they provide coverage for telehealth services). Provides the requirements of coverage for telehealth services. Provides that an individual or group policy of accident or health insurance that provides coverage for telehealth services delivered by contracted licensed dietitian nutritionists and contracted certified diabetes educators must also provide coverage for in-home services for senior diabetes patients (rather than requiring an individual or group policy of accident or health insurance that provides coverage for telehealth services to provide coverage for licensed dietitian nutritionists and certified diabetes educators who counsel senior diabetes patients in the patients' homes). Amends the Illinois Public Aid Code. Provides payment, reimbursement, and service requirements for telehealth services provided under the State's fee-for-service or managed care medical assistance programs. Provides that "telehealth" includes telepsychiatry. Provides that the Department of Healthcare and Family Services shall implement the new provisions 60 days after the effective date of the amendatory Act. Repeals a provision requiring the Department to reimburse psychiatrists and federally qualified health centers for mental health services provided by psychiatrists to medical assistance recipients through telepsychiatry. Makes other changes.
 
Medicaid
 
SB3301 - Morrison - Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that both individual and group tobacco cessation counseling shall be covered under the medical assistance program.
 
HB4891 - Ramirez - Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that beginning January 1, 2021, persons aged 19 and older who are eligible for medical assistance but for their immigration status, and who have income at or below 133% of the federal poverty level plus 5% for the applicable family size as determined under applicable federal law and regulations. Provides that persons eligible for medical assistance under the amendatory Act shall receive coverage identical to the coverage for the Health Benefits Service Package as that term is defined under the Code.
 
HB4913 - Durkin - Amends the Illinois Public Aid Code. Provides that the medical assistance program shall cover community-based pediatric palliative care from a trained interdisciplinary team. Amends the Pediatric Palliative Care Act. Repeals a provision that made the Act inoperative on and after July 1, 2012. Requires the Department of Healthcare and Family Services to develop a pediatric palliative care program (rather than a pediatric palliative care pilot program) under which a qualifying child may receive community-based pediatric palliative care from a trained interdisciplinary team and may also choose to continue to pursue aggressive curative or disease-directed treatments for a serious (rather than a potentially life-limiting) illness under the benefits available under the Illinois Public Aid Code. Defines a qualifying child to be a person under the age of 19 (rather than 18) who is enrolled in the medical assistance program and suffers from a serious illness (rather than a potentially life-limiting medical condition). Contains provisons concerning a State Plan amendment; prohibited Department rules; pediatric interdisciplinary teams; reimbursable services offered under the pediatric palliative care program; standards for and technical assistance to managed care organizations; reporting requirements; criteria a case manager must meet for demonstrated expertise in pediatric palliative care; and other matters.
 
HB4915 - Reick - Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to establish and operate a case tracking system which shall be designed to collect, maintain, and monitor information on payments made by the Department on behalf of individuals eligible for medical assistance whose case files are marked as "inactive" in the Department's Medicaid Management Information System. Provides that the Department shall use the case tracking system to prevent payments from being made on behalf of an individual who was ineligible for medical assistance due to the person being deceased. Provides that to ensure the case tracking system contains the most up to date information on an individual whose name and case file is entered into the case tracking system, at least once a month the Department shall cross-reference the individual's name, social security number, and any other relevant information belonging to the individual with the death records information maintained by the Department of Public Health's Division of Vital Records. Requires the Department of adopt any rules necessary to implement the case tracking system.
 
HB4958 - Robinson - Appropriates $5,000,000 from the General Revenue Fund to the Department of Healthcare and Family Services for the Medicaid Technical Assistance Center. Effective July 1, 2020.
 
HB4959 - Robinson - Creates the Medicaid Technical Assistance Center Act. Requires the Department of Healthcare and Family Services to establish a Medicaid Technical Assistance Center (Center). Provides that the Center shall operate as a cross-system educational resource to strengthen the business infrastructure of health care provider organizations in Illinois to ultimately increase the capacity, access, and quality of Illinois' Medicaid managed care program, HealthChoice Illinois. Requires the Center to be established within the Department's Office of Medicaid Innovation. Requires the Center to collaborate with public and private partners throughout the State to identify, establish, and maintain best practices necessary for health providers to ensure their capacity to participate in HealthChoice Illinois. Requires the Center to: (i) create and administer ongoing trainings for health care providers; (ii) maintain an independent, easy to navigate, and up-to-date website that includes, but is not limited to, recorded training archives, a training calendar, and provider resources and tools; and (iii) host regional learning collaboratives that will supplement the Center's training curriculum to bring together groups of stakeholders to share issues, best practices, and escalate issues. Provides that the Department, to the extent allowable under federal law, shall maximize federal financial participation for any moneys appropriated to the Department for the Medicaid Technical Assistance Center. Provides that any federal financial participation funds obtained shall be used for the further development and expansion of the Medicaid Technical Assistance Center. Amends the State Finance Act. Creates the Medicaid Technical Assistance Center Fund. Effective immediately.
 
HB4974 - Spain - Amends the Medical Assistance Article of the Illinois Public Aid Code. In provisions requiring facilities to complete a Physician Certification Statement prior to ordering non-emergency transportation service for a patient scheduled for discharge, provides that if a ground ambulance provider, medi-car provider, or service car provider is unable to obtain the required Physician Certification Statement within 10 calendar days following the date of the service, the ground ambulance provider, medi-car provider, or service car provider must document its attempt to obtain the requested certification and may then submit the claim for payment. Provides that acceptable documentation includes a signed return receipt from the U.S. Postal Service, facsimile receipt, email receipt, or other similar service that evidences that the ground ambulance provider, medi-car provider, or service car provider attempted to obtain the required Physician Certification Statement.
 
HB5068 - Hammond - Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that within 120 calendar days (rather than 45 calendar days) of receipt by a long-term care facility of required prescreening information, new admissions with associated admission documents shall be submitted through the Medical Electronic Data Interchange or the Recipient Eligibility Verification System or shall be submitted directly to the Department of Human Services using required admission forms.
 
HB5098 - Severin - Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that non-emergency medical transportation services provided under the Code may be provided to a recipient of medical assistance by a transportation network company as defined in the Transportation Network Providers Act. Provides that transportation network companies that provide non-emergency medical transportation shall be subject to the provisions of the Transportation Network Providers Act. Provides that nothing in the amendatory Act may be construed to expand or limit the existing non-emergency medical transportation benefit provided to medical assistance recipients under the Code. Requires the Department of Healthcare and Family Services to update its policies under the Non-Emergency Transportation Services Prior Approval Program to comply with the provisions of the amendatory Act.
 
Pharmacy/Pharmaceuticals
 
SB3159 - Manar - Amends the Pharmacy Practice Act. Provides that a pharmacist or his or her authorized employee must disclose to the consumer at the point of sale the current pharmacy retail price for each prescription medication the consumer intends to purchase. If the consumer's cost-sharing amount for a prescription exceeds the current pharmacy retail price, the pharmacist or his or her authorized employee must disclose to the consumer that the pharmacy retail price is less than the patient's cost-sharing amount. Defines terms. Effective immediately.
 
HB4822 - Demmer - Creates the Preserving Access to Affordable Drugs Act. Provides that an agreement resolving or settling, on a final or interim basis, a patent infringement claim in connection with the sale of a pharmaceutical product is presumed to have anticompetitive effects and is a violation of the Act if certain circumstances apply. Provides other requirements for patent infringement claims in connection with the sale of a pharmaceutical product. Contains provisions regarding presumptions in an action under the Act. Provides civil penalties for violating the Act. Provides that any penalty shall accrue only to the State of Illinois and shall be recovered in a civil action brought by the Attorney General against any party to an agreement that violates this Act. Requires an action to enforce a cause of action for a violation of the Act to be commenced within 4 years after the cause of action accrued. Contains other provisions.
 
HB4870 - Gabel - Amends the Communicable Disease Prevention Act. Provides that the Department of Public Health shall adopt a rule requiring students, upon entering the sixth grade of any public, private, or parochial school, to receive the human papillomavirus (HPV) vaccination and requiring confirmation that the student has completed the series of HPV vaccinations upon entering the ninth grade of any public, private, or parochial school. Provides that the Department shall adopt the rule in time to allow students to receive the vaccination before the start of the school year beginning in 2022. Effective January 1, 2021.
 
HB4888 - Gong-Gershowitz - Creates the Pharmaceutical Recovery Act. Requires covered manufacturers to, no later than July 1, 2021 or 6 months after becoming a covered manufacturer, whichever is later, participate in an approved drug take-back program or have established and implemented a drug take-back program independently or as part of a group of covered manufacturers. Provides requirements for the drug take-back program and for manufacturer program operators. Requires each manufacturer program operator to submit a proposal for the establishment and implementation of a drug take-back program to the Environmental Protection Agency for review and approval. Contains provisions regarding changes or modifications to drug take-back programs, promotion of drug take-back programs, annual reports, funding, and reimbursement. Requires covered manufacturers and manufacturer program operators to submit an annual $5,000 registration fee. Provides civil penalties. Creates the Pharmaceutical Take-Back Reimbursement Program Fund and makes a conforming change in the State Finance Act. Contains other provisions. Amends the Freedom of Information Act. Provides that proprietary information submitted to the Environmental Protection Agency under the Pharmaceutical Recovery Act is exempt from inspection and copying under the Act. Effective immediately.
 
HB4997 - Meier - Amends the Illinois Controlled Substances Act. Provides that a prescriber who is licensed to prescribe controlled substances shall, prior to issuing a prescription for an opioid that is a Schedule II controlled substance, discuss with a patient who is under 18 years of age and is an emancipated minor, or with the patient's parent or guardian if the patient is under 18 years of age and is not an emancipated minor, the risks of developing a physical or psychological dependence on the opioid and, if the prescriber deems it appropriate, any alternative treatments as may be available. Provides that a prescriber who engages in a discussion required under this provision shall include a note in the patient's medical record indicating that the discussion took place. Provides that the discussion required under this provision shall not be required prior to issuing a prescription to any patient who is currently receiving hospice care from a comprehensive hospice licensed under the Hospice Program Licensing Act. Effective immediately.
 
HB4998 - Meier - Amends the Illinois Controlled Substances Act. Provides that an initial prescription for an opioid may only be issued for a 7-day supply. Defines "opioid".
 
HB5005 - LaPointe - Creates the Prescription Drug Repository Program Act. Requires the Department of Public Health to establish a prescription drug repository program, under which a healthcare facility may donate a prescription drug or supplies needed to administer a prescription drug for use by an individual who meets eligibility criteria specified by the Department. Sets forth requirements that prescription drugs or supplies must meet in order to be accepted and dispensed under the program. Provides that no drugs or supplies donated under the prescription drug repository program may be resold. Provides that nothing in the Act requires that a pharmacy or pharmacist participate in the prescription drug repository program. Provides for civil and criminal immunity for drug and supply manufacturers and pharmacists in relation to the donation, acceptance, or dispensing of prescription drugs or supplies under the prescription drug repository program. Amends the Pharmacy Practice Act, the Wholesale Drug Distribution Licensing Act, the Senior Pharmaceutical Assistance Act, the Illinois Food, Drug and Cosmetic Act, the Illinois Controlled Substances Act, and the Cannabis and Controlled Substances Tort Claims Act to provide that persons engaged in donating or accepting, or packaging, repackaging, or labeling, prescription drugs to the extent permitted or required under the Prescription Drug Repository Program Act are exempt from provisions of those other Acts that might prohibit or otherwise regulate such activity.
 
Providers
 
SB3186 - Villivalam - Amends the Medical Practice Act of 1987. Provides that not later than 12 months after the effective date of the amendatory Act, the Department of Financial and Professional Regulation shall adopt rules that require a person seeking licensure to practice medicine in all of its branches to have completed 6 hours of education on the diagnosis, treatment, and care of individuals with cognitive impairments, including, but not limited to, Alzheimer's disease and other dementias. Provides that no later than 12 months after the effective date of the amendatory Act, the Department shall adopt rules that require any continuing education for persons licensed to practice medicine under all of its branches under the Act to include an average of 2 hours of continuing education per license year on the diagnosis, treatment and care of individuals with cognitive impairments, including, but not limited to, Alzheimer's disease and other dementias. Specifies that the training requirement shall only apply to persons who serve adult populations. Provides that the curriculum used for the training shall cover the diagnosis of Alzheimer's disease and other dementias, including recognizing the signs and symptoms of dementia; person-centered care; assessment and care planning; and culturally competent health care.
 
SB3228 - Hunter - Amends the Physical Therapy Act. Adds provision requiring that applicants for licensure as a physical therapist or physical therapist assistant shall submit their fingerprints for the purpose of criminal history records checks.
 
SB3306 - McConchie - Amends the Abandoned Newborn Infant Protection Act. Provides that a hospital that is staffed continuously on a 24-hour, 7-day a week basis to provide care to patients in an emergency shall take temporary protective custody of any newborn infant who is left in a newborn safety device that: (1) has been approved by the hospital; (2) is physically located inside the hospital; and (3) is located in an area that is conspicuous and visible to hospital staff. Provides that a fire station, emergency medical facility, or police station that is staffed by an emergency medical services provider on a 24-hour, 7-day a week basis shall take temporary protective custody of a newborn infant who is voluntarily left in a newborn safety device that: (i) is located at the fire station, emergency medical facility, or police station; (ii) is located in an area that is conspicuous and visible to staff; and (iii) includes an adequate dual alarm system connected to the site that is tested at least one time per month to ensure the alarm system is in working order. Provides that a hospital, fire station, emergency medical facility, or police station is immune from civil liability for an act or omission relating to the operation of the newborn safety device unless the act or omission constitutes gross negligence or willful or wanton misconduct. Provides that any person who in good faith voluntarily leaves a newborn infant in a newborn safety device as provided in the amendatory Act is not obligated to disclose the parent's name or the person's name. Requires hospitals, fire stations, emergency medical facilities, and police stations to post conspicuous signs informing persons that a newborn infant may be left in a newborn safety device located at the facility. Expands the definition of "relinquish" to mean to voluntarily leave a newborn infant, who a licensed physician reasonably believes is 30 days old or less, in a newborn safety device.
 
HB4851 - Manley - Creates the Water Quality Assurance Act. Provides that new and existing health care facilities and buildings containing health care facilities shall develop and implement water management programs with specified elements to control the growth and spread of opportunistic pathogens. Requires specified persons to develop and implement a routine culture sampling plan for all building water systems. Requires health care facilities to perform remediation of identified opportunistic pathogens. Provides that the Department of Public Health or agent health departments may enter at reasonable times upon private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of the Act. Requires health care facilities to register with the Department all building water systems within 120 days of the Act's effective date and to provide specified information. Contains other provisions. Establishes the Water Quality Assurance Fund as a special fund in the State treasury and makes a conforming change in the State Finance Act. Provides that the Department of Public Health shall implement, administer, and enforce the Act and may adopt rules it deems necessary to do so. Amends the Illinois Procurement Code. Provides that the Code shall not apply to procurement expenditures necessary for the Department to respond to an infectious disease outbreak response or to procurement expenditures that are necessary for a State agency's facility to implement critical recommendations provided by the Department in response to an infectious disease outbreak. Effective January 1, 2021.
 
HB5085 - Jones - Amends the Emergency Medical Services (EMS) Systems Act. Provides that the Department of Public Health may require that each applicant for a license or license renewal under the Act shall have his or her fingerprints submitted to the Illinois State Police in a specified manner. Requires the fingerprints to be checked against specified databases. Provides that the Illinois State Police shall charge a fee to be paid by the applicant for conducting the criminal history records check, which shall be deposited in the State Police Services Fund and shall not exceed the actual cost of the records check. Requires the Illinois State Police to furnish, after positive identification, records of an applicant's Illinois convictions and to forward the criminal history record information to the Department. Provides that incomplete applications or applications that do not comply with the amendatory provisions may be denied by the Department. Allows the Department to adopt rules regarding the amendatory provisions. Effective January 1, 2021.
 
HB5086 - Greenwood - Amends the Hospital Licensing Act. Requires hospitals that receive a property tax exemption under a provision of the Property Tax Code concerning exemptions related to access to hospital and health care services by low-income and underserved individuals to post the hospital's charity care policy and the contact information of a financial counselor in a reasonably viewable area in the hospital's emergency room.
 
HB5132 - Ortiz - Amends the Hospital Licensing Act. Requires hospitals that receive a property tax exemption under a provision of the Property Tax Code concerning exemptions related to access to hospital and health care services by low-income and underserved individuals to prove that, upon inspection by the Department of Public Health, for that fiscal year the amount spent on executive salary increases was equivalent to the amount spent on patients who are recipients under the State medical assistance program or are charity care patients.
 
DD/Mental Health/Disabilities/CILAs/Long-Term Care
 
SB3267 - Fine - Amends the Rehabilitation of Persons with Disabilities Act. Repeals provisions regarding community services for persons with visual disabilities at the Illinois Center for Rehabilitation and Education. Amends the Disabilities Services Act of 2003. Repeals provisions regarding the operation of a Rapid Reintegration Pilot Program by the Department of Human Services. Effective immediately.
 
SB3269 - Steans - Amends the Mental Health and Developmental Disabilities Administrative Act and the Illinois Public Aid Code. Provides that within 30 days after the effective date of the amendatory Act, the Department of Human Services and the Department of Healthcare and Family Services (Departments) shall increase by 20% rates and reimbursements in effect on June 30, 2020 for community-based providers of services for persons with developmental disabilities and for ID/DD facilities and MC/DD facilities. Requires community-based providers, ID/DD facilities, and MC/DD facilities to use at least 75% of the amount of the rate increase to increase the wages and benefits paid to their staff. Requires the Departments to ensure wage rate components are at least 145% of the statewide, regional, or local minimum wage rate, whichever is higher, as determined by the Departments. Requires community-based providers of services for persons with developmental disabilities, ID/DD facilities, and MC/DD facilities to certify compliance with the provisions of the amendatory Act in a form and manner prescribed by the Departments. Requires the Departments to adopt emergency rules to implement the provisions of the amendatory Act. Amends the Illinois Administrative Procedure Act. Grants the Departments emergency rulemaking authority. Effective immediately.
 
SB3270 - Steans - Appropriates $266,725,700 from the General Revenue Fund to the Department of Human Services for grants and administrative expenses for community-based services for persons with developmental disabilities and for intermediate care facilities for persons with developmental disabilities and alternative community programs. Effective July 1, 2020.
 
HB4841 - Conroy - Creates the Improving Access to State-operated Mental Health Facilities Act. Provides that the Department of Human Services, Division of Mental Health, shall provide education and training on an annual basis for all psychiatrists and clinical psychologists who provide care to forensic patients in State-operated mental health facilities utilizing nationally recognized best practices for determining when forensic patients are no longer, due to mental illness, reasonably expected to inflict serious physical harm upon themselves or others or when they may be safely restored to fitness to stand trial and subject to treatment on an outpatient basis under the Code of Criminal Procedure of 1963. Provides that the Division shall also provide training to psychiatrists and clinical psychologists concerning how to provide expert testimony in court hearings to determine whether forensic patients should be released. Provides that the Division shall provide education and training on an annual basis for all clinical social workers who provide care to forensic patient in State-operated mental health facilities concerning the types of community mental health services available in the community. Defines "forensic patient" as a person in an Illinois State-operated mental health facility who has been committed to the facility after having been found not guilty by reason of insanity or unfit to stand trial. Defines other terms. Effective immediately.
 
HB4868 - West - Amends the Nursing Home Care Act. Requires facilities licensed under the Act to publish a record of all Type "AA", Type "A", and Type "B" violations of the facility received from the Department of Public Health for a period of no less than 5 years prior to the amendatory Act's effective date. Provides that the record must be published prominently on the facility's website. Provides disciplinary action for violation of the requirements.
 
HB4872 - Gabel - Amends the Mental Health and Developmental Disabilities Administrative Act. Requires the Department of Human Services to establish reimbursement rates that build toward livable wages for front-line personnel in residential and day programs and service coordination agencies serving persons with intellectual and developmental disabilities. Provides that the Department shall increase rates and reimbursements so that by July 1, 2020 direct support persons wages shall be increased by $2 per hour, and so that other front-line personnel earn a commensurate wage. Requires the Department to increase rates and reimbursements in effect on January 1, 2020 for community-based providers for persons with developmental disabilities in order to fund, at a minimum, a $2 per hour wage increase. Amends the Illinois Public Aid Code. Provides that for facilities ID/DD facilities and MC/DD facilities, the rates taking effect within 30 days after the effective date of the amendatory Act shall include an increase sufficient to provide a $2 per hour wage increase for non-executive front-line personnel, including, but not limited to, other specified staff and support personnel. Requires the Department of Healthcare and Family Services to increase the rates for ID/DD facilities and MC/DD facilities taking effect for services delivered on or after January 1, 2020 to provide a minimum $2 per hour wage increase over the wages in effect on December 30, 2019. Requires the Department to increase rates and reimbursements in effect on January 1, 2020 for community-based providers for persons with developmental disabilities in order to fund a minimum $2 per hour wage increase. Amends the Illinois Administrative Procedure Act. Provides that the Departments of Human Services and Healthcare and Family Services may adopt emergency rules. Effective immediately.
 
HB4884 - Harris - Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Provides that no later than January 1, 2021, the Department of Public Health shall adopt rules under the Illinois Administrative Procedure Act to require remote monitoring and support services at community-integrated living arrangements. Amends the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services and the Department of Human Services to jointly submit the necessary application to the federal Centers for Medicare and Medicaid Services for a waiver or State Plan amendment to allow remote monitoring and support services as a waiver-reimbursable service for persons with intellectual and developmental disabilities and seniors requiring in-home care. Provides that the application shall be submitted no later than 60 days after the effective date of the amendatory Act. Effective immediately.
 
HB5050 - Murphy - Amends the Community-Integrated Living Arrangements Licensure and Certification Act. In the definition of "community-living arrangement", includes a living arrangement where 10 or fewer persons under 22 years of age reside and receive services under the supervision of the community mental health or developmental services agency that was licensed under the Child Care Act of 1969 as a Children's Group Home 17D up to and including July 1, 2020 (a group home). Amends the Child Care Act of 1969 to exclude those group homes from the definition of "group home" under that Act. Further amends the Child Care Act of 1969 to repeal provisions regarding group homes for adolescents diagnosed with autism. Effective July 1, 2020.
 
HB5073 - Gabel - Appropriates $266,725,700 from the General Revenue Fund to the Department of Human Services for grants and administrative expenses for community-based services for persons with developmental disabilities and for intermediate care facilities for persons with developmental disabilities and alternative community programs. Effective July 1, 2020.
HB5074 - Gabel - Amends the Mental Health and Developmental Disabilities Administrative Act and the Illinois Public Aid Code. Provides that within 30 days after the effective date of the amendatory Act, the Department of Human Services and the Department of Healthcare and Family Services (Departments) shall increase by 20% rates and reimbursements in effect on June 30, 2020 for community-based providers of services for persons with developmental disabilities and for ID/DD facilities and MC/DD facilities. Requires community-based providers, ID/DD facilities, and MC/DD facilities to use at least 75% of the amount of the rate increase to increase the wages and benefits paid to their staff. Requires the Departments to ensure wage rate components are at least 145% of the statewide, regional, or local minimum wage rate, whichever is higher, as determined by the Departments. Requires community-based providers of services for persons with developmental disabilities, ID/DD facilities, and MC/DD facilities to certify compliance with the provisions of the amendatory Act in a form and manner prescribed by the Departments. Requires the Departments to adopt emergency rules to implement the provisions of the amendatory Act. Amends the Illinois Administrative Procedure Act. Grants the Departments emergency rulemaking authority. Effective immediately.
 
HB4923 - Hammond - Amends the Nursing Home Care Act. Provides that a facility that determines that, despite its diligent efforts, it is unable to employ the number of registered nurses under specified minimum staffing requirements may seek a waiver from those requirements regardless of whether or not the facility has been determined by the Department of Public Health to be in violation of those requirements.
 
Other (Includes State Agency Mandates)
 
SB3299 - Fine - Creates the Consumer Privacy Act. Provides that a consumer has the right to request that a business that collects the consumer's personal information disclose to that consumer the categories and specific pieces of personal information the business has collected. Requires a business to, at or before the point of collection, inform a consumer as to the categories of personal information to be collected and the purposes for which the categories of personal information shall be used. Requires the business to provide notice when collecting additional categories of personal information or when using a consumer's personal information for additional purposes. Provides that a consumer has the right to request that a business delete any personal information about the consumer that the business has collected from the consumer, with some exceptions. Requires a business that collects or sells a consumer's personal information to make certain disclosures to the consumer upon receipt of a verifiable consumer request. Provides that a consumer has the right, at any time, to opt out of the sale of his or her personal information to third parties. Prohibits a business from discriminating against a consumer who exercises any of the rights established under the Act by denying goods or services or charging the consumer different prices or rates for goods or services. Permits a business to provide financial incentives to a consumer that authorizes the sale of his or her personal information. Contains provisions concerning deadlines for processing a consumer's disclosure request; categories of personal information that must be disclosed; notice requirements; consumer information that is not subject to the Act's requirements; civil penalties for violations of the Act; and other matters. Amends the State Finance Act. Creates the Consumer Privacy Fund. Effective January 1, 2021.
 
HB4818 - Harper - Amends the Adult Protective Services Act. Requires the Department on Aging to develop and implement a dementia training program that must include instruction on the identification of people with dementia, risks such as wandering, communication impairments, elder abuse, and the best practices for interacting with people with dementia. Provides that initial training of 4 hours shall be completed at the start of employment with the Adult Protective Services division and shall cover several subjects, including: (i) dementia, psychiatric, and behavioral symptoms; (ii) communication issues, including how to communicate respectfully and effectively; and (iii) protocols for connecting people living with dementia to local care resources and professionals who are skilled in dementia care to encourage cross-referral and reporting regarding incidents of abuse. Provides that annual continuing education shall include 2 hours of dementia training covering the same subjects discussed during initial training. Grants the Department rulemaking authority.
 
HB4853 - Harper - Amends the Substance Use Disorder Act. In a provision concerning the functions of the Department of Human Services under the Act, requires the Department to act as the single State authority and subject matter expert for substance use disorder prevention, intervention, treatment, and recovery support services. Provides that in this role, the Department shall lead efforts and provide consultation regarding policy, funding, rules, and legislative changes that could impact existing and future substance use disorder initiatives. In a provision concerning the powers and duties of the Illinois Advisory Council established under the Act, provides that the Council shall: (i) identify substance use disorder policy, funding, service gaps, new and existing initiatives, and other related activities among State agencies that could reduce duplicative efforts and promote uniformity and consistency in service delivery; and (ii) recommend revisions and enhancements that may facilitate those objectives.
 
HB5009 - Cassidy - Creates the Community Emergency Services and Support Act. Provides that every unit of local government that provides emergency medical services for individuals with physical health needs must also provide appropriate emergency response services to individuals experiencing a mental or behavioral health emergency. Amends the Emergency Telephone System Act to make conforming changes.
 
HB5080 - Gonzalez - Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Requires the Department of Public Health to conduct a study to evaluate the impact on the mental health of Illinois' immigrant community from the threat of imminent action by the federal government to remove immigrant residents from Illinois. Provides that the study shall be conducted in consultation with private and public entities that provide health care services to members of Illinois' immigrant community. Requires the Department to report its findings to the General Assembly on or before January 1, 2022. Effective immediately.
 
HB5081 - Slaughter - Appropriates $1,000,000 from the General Revenue Fund to the Department of Public Health to provide asthma management programs. Effective July 1, 2020.
 
HB5082 - Slaughter - Appropriates $400,000 from the General Revenue Fund to the Department of Public Health to provide undesignated stock albuterol for asthma emergencies to all Illinois schools. Effective July 1, 2020.
 
HB5111 - Villa - C reates the Commission on the Prevention and Access to Treatment of Addiction Act. Provides that the Commission on the Prevention and Access to Treatment of Addiction is established within, but is not subject to the control of, the Department of Human Services. Provides that the Commission shall work to promote positive mental, emotional, and behavioral health and early intervention for persons with a mental illness, and to prevent substance use disorders among residents of the State. Contains provisions concerning the composition of the Commission and reappointments and vacancies. Provides that the Commission may establish advisory committees to assist its work. Sets forth the duties of the Commission, including: (i) promoting an understanding of the science of prevention, social determinants of health, and trauma-informed care; (ii) making recommendations to the General Assembly that promote behavioral health and prevention issues at the universal, selective, and indicated levels; (iii) hold public hearings and meetings to accept comment from the general public and to seek advice from experts; and other matters. Requires the Commission to submit annual reports to the General Assembly on the state of preventing substance use disorder and promoting behavioral health in Illinois.
 
HB5113 - Conroy - Creates the Improving Access to State-operated Mental Health Facilities Act. Provides that the Department of Human Services, Division of Mental Health, shall provide education and training on an annual basis for all psychiatrists and clinical psychologists who provide care to forensic patients in State-operated mental health facilities utilizing nationally recognized best practices for determining when forensic patients are no longer, due to mental illness, reasonably expected to inflict serious physical harm upon themselves or others or when they may be safely restored to fitness to stand trial and subject to treatment on an outpatient basis under the Code of Criminal Procedure of 1963. Provides that the Division shall also provide training to psychiatrists and clinical psychologists concerning how to provide expert testimony in court hearings to determine whether forensic patients should be released. Provides that the Division shall provide education and training on an annual basis for all clinical social workers who provide care to forensic patient in State-operated mental health facilities concerning the types of community mental health services available in the community. Defines "forensic patient" as a person in an Illinois State-operated mental health facility who has been committed to the facility after having been found not guilty by reason of insanity or unfit to stand trial. Defines other terms. Effective immediately.
 
JCAR Update
There are no healthcare-related proposed rules this week in the Illinois Register.



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