Illinois Chamber Healthcare Council Newsletter

Clark Kaericher | Executive Director, Healthcare Council & Sr. VP of Government Affairs | 618-806-1501

March 10, 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.

There’s always the bad and the good. The bad: stressful committee deadline week. The good: one week until March Madness.

The Senate will not be in Springfield next week. The House is scheduled to be in session Tuesday through Thursday.

Committee Deadline Recap

This week was the committee deadline to get bills to the floor of their originating chamber. Long hours were spent in committee rooms with promises to “hold my bill on 2nd while we work with the opponents”. Here’s a summary of the bills posted to committee and their outcome.

Senate Public Health

SB 1774 (Johnson) - Amends the Cancer Clinical Trial Participation Program Act by changing 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. Effective immediately. The Chamber slipped as a proponent of this bill. Vote: 7-0-0-1

House Insurance

HB 2070 (Gong-Gershowitz)- Dental Loss Ratio Act. The Chamber opposes- sent to Insurance Main Subcommittee.

HB 2385 (Nichols) – Insurance Mandate. Provides that a group or individual policy of accident and health insurance or managed care plan amended, delivered, issued, or renewed on or after January 1, 2024 shall provide coverage for a colonoscopy determined to be medically necessary for persons aged 39 years old to 75 years old. Vote: 14-0-0-1

HB 2443 (Chung) – Insurance Mandate. Amends the Illinois Insurance Code. 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. Vote: 8-4-0-3

HB 2472 (Morgan) – Insurance Adverse Determination Appeals. Held in Committee

HB 2799 (Hammond) – Insurance Mandate. Plans shall not apply a higher standard of clinical evidence for the coverage of proton beam therapy than the insurer applies for the coverage of any other form of radiation therapy treatment. 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 that provides coverage or benefits to any resident of this State for radiation oncology shall include coverage or benefits for physician-prescribed proton beam therapy for the treatment of cancer as recommended by the patient's physician Vote: 13-0-0-2

HB 2814 (Lilly) - Provides that a health benefit plan amended, delivered, issued, or renewed on or after January 1, 2023 that provides prescription drug coverage or its contracted pharmacy benefit manager shall not engage in or require an enrollee to engage in specified prohibited acts. Provides that a clinician-administered drug supplied shall meet the supply chain security controls and chain of distribution set by the federal Drug Supply Chain Security Act. Provides that the Department of Insurance may adopt rules as necessary to implement the provisions. Defines terms. Makes conforming changes in the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, the School Code, the Health Maintenance Organization, and the Voluntary Health Services Plans Act. The Chamber opposes. Held in Committee

HB 3030 (Morgan-Hauter)- Provides that a health benefit plan amended, delivered, issued, or renewed on or after January 1, 2023 that provides prescription drug coverage or its contracted pharmacy benefit manager shall not engage in or require an enrollee to engage in specified prohibited acts. Provides that a clinician-administered drug supplied shall meet the supply chain security controls and chain of distribution set by the federal Drug Supply Chain Security Act. Provides that the Department of Insurance may adopt rules as necessary to implement the provisions. Defines terms. Makes conforming changes in the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, the School Code, the Health Maintenance Organization, and the Voluntary Health Services Plans Act. Vote: 14-0-0-1

HB 3631 (Huynh) - Amends the Pharmacy Benefit Managers Article of the Illinois Insurance Code. Provides that a pharmacy benefit manager shall not prohibit a pharmacist or pharmacy from, or indirectly punish a pharmacist or pharmacy for, making any written or oral statement or otherwise disclosing information to any federal, State, county, or municipal official, including the Director of Insurance or law enforcement, or before any State, county, or municipal committee, body, or proceeding under specified circumstances. Provides that the provisions apply to contracts entered into or renewed on or after July 1, 2023 (rather than July 1, 2022). The Chamber opposes. Vote: 9-5-0-1

HB 3920 (Meyers- Martin) – Insurance Mandate for cranial prostheses when prescribed as part of a course of rehabilitative treatment by a physician licensed to practice medicine in all of its branches. Held in Committee

Senate Health and Human Services

SB 48 (Syverson) - In a provision concerning vendor enrollment in the medical assistance program, provides that nothing in the provision shall be construed to require a vendor or provider who exclusively offers telehealth services or any telehealth provider group to maintain a physical address or office in Illinois or have an Illinois mailing address in order to be eligible to enroll as a vendor or provider in the medical assistance program, if the vendor, provider, or telehealth provider group is licensed or authorized to practice in Illinois and has a principal place of business located in the United States. Held in Committee

House Consumer Protection Committee

HB 3452 (Avelar) - Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice under the Act for a person to report to a consumer reporting agency any medical debt incurred by a consumer or any collection action against the consumer to collect that medical debt. The Chamber opposes. Held in Committee

House Health Care Availability & Accessibility

HB 2719 (Avelar) - 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. Vote: PRC 6-3-0-0

Senate Insurance

SB 130 (Fine) - 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. Changes the definition of "health care plan". Defines "referral system". Effective January 1, 2024. The Chamber supports. Vote: 10-0-0-1

SB 1559 (Murphy) - Creates the Access to Affordable Insulin Act. Credit to Senator Murphy for amending this bill to remove all opposition, including ours at the Chamber. Her amendment creates a $35 copay cap (rather than $100) and creates a state run purchasing program.

It removed the “urgent need program” with its Takings Clause issues and the state specific patient assistance requirement (when all manufacturers currently have a program that would cover these cases). Chamber is neutral after the adoption of the amendment. Vote: 11-0-0-0

SB 1925 (Holmes) - Provides that nothing in the provisions shall require an ambulance provider to bill a beneficiary, insured, enrollee, or health insurance issuer when prohibited by any other law, rule, ordinance, contract, or agreement. Limits home rule powers. Changes the definition of "emergency services" and "health care provider". Amends the Health Maintenance Organization Act. Removes language providing that upon reasonable demand by a provider of emergency transportation by ambulance, a health maintenance organization shall promptly pay to the provider, subject to coverage limitations stated in the contract or evidence of coverage, the charges for emergency transportation by ambulance provided to an enrollee in a health care plan arranged for by the health maintenance organization. Held in Committee

SB 2080 (Fine) - Amends the Fair Patient Billing Act. Requires hospitals to screen patients for health insurance and financial assistance. Prohibits the sale of a patient's medical debt by a hospital. Prohibits hospitals from offering a payment plan to an uninsured patient without first exhausting any discount available to the uninsured patient under the Hospital Uninsured Patient Discount Act and from entering into a payment plan for a bill that is eligible to be discounted by 100% under the Hospital Uninsured Patient Discount Act. Held in Committee

SB 2195 (Gillespie) – Insurance Mandate. Provides that with respect to an enrollee at any age, in addition to coverage of a prosthetic or custom orthotic device, benefits shall be provided for a prosthetic or custom orthotic device determined by the enrollee's provider to be the most appropriate model that is medically necessary for the enrollee to perform physical activities, as applicable, such as running, biking, swimming, and lifting weights, and to maximize the enrollee's whole body health and strengthen the lower and upper limb function. Vote: 10-0-0-1

House Judiciary Committee

HB 1137 (Caulkins) - Amends the Code of Civil Procedure. Requires a health care facility or health care practitioner to notify the patient in writing when the health care facility or health care practitioner alters the patient's record within 3 business days of the alteration. Requires a health care facility or health care practitioner to provide an electronic copy of an altered record within 7 calendar days of the receipt of a written request by a patient. Requires any health care facility that accepts Medicaid to, upon written request, provide an electronic copy of an altered record within 4 business days. Provides that the failure to comply with the time limit requirements of the new provisions shall result in a rebuttable presumption that the health care record was altered to fraudulently conceal a failure to meet the applicable standard of care. Held in Committee

HB 3603 (A. Williams) - Amends the Protect Health Data Privacy Act. Provides that a regulated entity shall disclose and maintain a health data privacy policy that, in plain language, clearly and conspicuously disclosures specified information. Provides that a regulated entity shall prominently publish its health data privacy policy on its website homepage. Provides that a regulated entity shall not collect, share, sell, or store categories of health data not disclosed in the health data privacy policy without first disclosing the categories of health data and obtaining the consumer's consent prior to the collection, sharing, selling, or storing of such data. Prohibits the collection, sharing, selling, or storing of health data. Describes the regulated entity's duty to obtain consent; the consumer's right to withdraw consent; prohibitions on discrimination; prohibitions on geofencing; a private right of action; enforcement by the Attorney General; and conflicts with other laws. The Chamber opposes in its current form.

The sponsor moved HB 3603 out of committee on a partisan roll call but promised to work on it further and to meet with opponents. Please feel free to send me any redlines on this. There are indeed plenty of issues with this bill, not the least of which is the PRA which mimics exactly the PRA language in BIPA. I’m going to meet with Leader Williams next week and would appreciate any redlines you can send my way.

Quick BIPA Update

The BIPA related bills were sent to a subcommittee where they will not be called this Spring. Working groups are being formed in both the House and the Senate to address BIPA and try to find a workable option towards reform. The following were sent to subcommittee:

HB 1230 (Jones) – BIPA Healthcare exemption.

The Chamber supports.

HB 2252 (Ugaste) – Broad BIPA Reform.

The Chamber supports.

HB 2259 (Ugaste) – BIPA Security Purpose.

Chamber initiative.

HB 3199 (Keicher) – Broad BIPA reform bill.

The Chamber supports.

HB 3204 (McCombie) – BIPA one year statute of limitations.

The Chamber supports.

House Human Services

HB 2046 (Cassidy) - Provides that all decisions regarding the treatment of patients experiencing pain, including chronic pain, shall be made by the prescriber. Provides that ordering, prescribing, dispensing, administering, or paying for controlled substances, including opioids, shall not in any way be predetermined by specific morphine milligram equivalent guidelines. Provides that, before the Department of Human Services releases confidential information from the central repository, the applicant, in addition to other requirements of the Act, must demonstrate in writing to the Department that the applicant has a valid court order or subpoena for the release of the confidential information requested. Vote: 6-3-0-0

House Executive Committee

HB 1054 (Flowers) - Provides that a group or individual policy of accident and health insurance amended, delivered, issued, or renewed on or after January 1, 2024 that provides coverage for prescription drugs shall require that a covered individual's defined cost sharing for each prescription drug shall be calculated at the point of sale based on a price that is reduced by an amount equal to at least 100% of all rebates received in connection with the dispensation or administration of the prescription drug. Provides that an insurer shall apply any rebate amount in excess of the defined cost sharing amount to the health plan to reduce premiums. Provides that the provisions shall not preclude an insurer from decreasing a covered individual's defined cost sharing by an amount greater than the stated amount at the point of sale. Provides that the Department of Insurance may adopt rules to implement the provisions. Held in Committee

House Labor and Commerce

HB 1622 (Spain) – Nurse Licensure Compact. Held in Committee

HB 3783 (Crespo) - Amends the Illinois Wage Payment and Collection Act. Provides that each workday a nurse is required to report for work, based upon a previously approved and distributed work schedule, and either (1) does report, but is not put to work, or (2) was directed to not report, the nurse shall be paid for half the usual or scheduled day's work at the nurse's regular rate of pay, which shall not be less than the minimum wage. Provides that the requirement applies to nurses who are directed not to report to work and to nurses engaged in telemedicine. Provides that the report-to-work requirement is to be based upon an approved and distributed work schedule. Effective January 1, 2024. Held in Committee

House Prescription Drug Affordability & Accessibility Wednesday 4 pm

HB 2189 (Guzzardi) – Committee Amendment 1 limits the bill to an insulin copay cap at $35. The amendment was adopted and removes all opposition, including that from the Illinois Chamber. Vote: 13-0-0-2

HB 3256 (Syed) - Creates the Affordable Drug Manufacturing Act. Provides that the Department of Public Health shall enter into partnerships to increase competition, lower prices, and address shortages in the market for generic prescription drugs, to reduce the cost of prescription drugs for public and private purchasers, taxpayers, and consumers, and to increase patient access to affordable drugs. Held in Committee

HB 3490 (Huynh) – Creates Canadian Drug Importation Act. Illinois Chamber opposes. Held in Committee

HB 3639 (Mason) - Provides that an insurer that provides coverage for medically necessary epinephrine injectors shall limit the total amount that an insured is required to pay for a twin-pack of medically necessary epinephrine injectors at an amount not to exceed $60, regardless of the type of epinephrine injector. Vote: 13-0-0-2

HB 3761 (Guzzardi) – PBM restrictions . Illinois Chamber opposes. Held in Committee

HB 3797 (Lilly) - Amends the Pharmacy Benefit Managers Article of the Illinois Insurance Code. Provides that a pharmacy benefit manager shall not: steer a beneficiary; order a covered individual to fill a prescription or receive pharmacy care services from an affiliated pharmacy; reimburse a pharmacy or pharmacist for a pharmaceutical product or pharmacist service in an amount less than the amount that the pharmacy benefit manager reimburses itself or an affiliate for providing the same product or services; offer or implement plan designs that require patients to use an affiliated pharmacy; or advertise, market, or promote a pharmacy by an affiliate to patients or prospective patients. Held in Committee

Chamber Day Information. Sponsors Wanted.

We still have a few sponsorship slots available. Chamber Day is a great way to get in front of lawmakers and meet local business leaders. The Chamber is grateful to all our sponsors- We can’t do what we do without your support. Sponsorship information can be found HERE

Please remember to register for Chamber Day on April 18th. We have confirmed all four legislative leaders will be on hand to give their thoughts on this session and answer a few questions from those present. Registration information is here:

When: Tuesday, April 18, 2023 from 9:30 AM to 1:00 PM CDT

Where: President Abraham Lincoln A Double Tree by Hilton

701 East Adams Street

Springfield, IL 62701

New Postings

There have been no tech related committee postings for next week. Passage of the deadline doesn’t mean that committees won’t meet, however. Bills amended on the floor need only a 1 hour posted notice in contrast to initial postings and committee amendments which require 6 days’ notice.

Chamber BIPA Webinar

Sean Darke from Dykema will moderate the virtual panel discussion on “The Good, Bad, and Ugly of BIPA!” The panel will focus on recent developments in BIPA lawsuits and best practices to avoid being caught in the wave of lawsuits, which have typically resulted in outsized class settlements. 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!”

Panel Discussion Will Include: