Clark Kaericher | Executive Director, Healthcare Council & Sr. VP of Government Affairs | 618-806-1501
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May 12, 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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One week to go. So far everything is looking good, but a week under the Illinois’ dome in May can be a lifetime.
Committee Updates
Senate Health and Human Services Tuesday at 2:30
HB 3957 (Syed-Koehler) - Provides that a manufacturer or wholesale drug distributor shall not engage in price gouging in the sale of an essential off-patent or generic drug. Provides that the Director of Healthcare and Family Services or Director of Central Management Services may notify the Attorney General of any increase in the price of any essential off-patent or generic drug under the Medical Assistance Program under the Illinois Public Aid Code or a State health plan, respectively, that amounts to price gouging. Provides that whenever the Attorney General has reason to believe that a manufacturer or wholesale drug distributor of an essential off-patent or generic drug has violated the Act, the Attorney General shall send a notice to the manufacturer or wholesale drug distributor requesting a specified statement. Provides that within 45 days after receipt of the request, the manufacturer or wholesale drug distributor shall submit the statement to the Attorney General. Effective January 1, 2024. Important to note that PhRMA is neutral on this bill and the Illinois Chamber is also neutral. The bill passed the House 84-25.
State Based Exchange Passes the House
On Wednesday, the House passed Leader Gabel’s state based exchange which I covered in some detail last week. The bill has been negotiated to remove the opposition from the insurance industry. One of the improvements to this version of the bill is an assessment cap, for example. With the strong backing of the Governor’s office, smart money is on this becoming law.
HB 579, State-Based Exchange passed the House 72-39-1. This bill sets forth provisions concerning the Marketplace Director of the Illinois Health Benefits Exchange. Amends the Illinois Procurement Code. Sets forth provisions concerning an exemption regarding any procurements necessary for the Department of Insurance to implement the Illinois Health Benefits Exchange Law. Amends the Illinois Health Benefits Exchange Law. Provides that the Department of Insurance shall operate the Illinois Health Benefits Exchange as a State-based exchange using the federal platform by plan year 2025 and as a State-based exchange by plan year 2026. Provides that, except where inconsistent with State law, the Department shall enforce health plan coverage requirements under the federal Patient Protection and Affordable Care Act that apply to the individual and small group markets. Provides that the Director of Insurance may elect to add a small business health options program to the Illinois Health Benefits Exchange. Provides that the General Assembly shall appropriate funds to establish the Illinois Health Benefits Exchange. Provides that issuers must remit an assessment in monthly installments to the Department. Sets forth provisions concerning State medical assistance program coordination and provisions concerning the authority of the Department of Insurance and the Department of Healthcare and Family Services.
Consumer Health Data Bill Held for Remainder of Spring
Let’s lead off with some good news- After a few months of gnashing teeth, I’m happy to report that HB 3603 (Williams) will not be moving in these final few days of session. This bill was pushed by the same groups that brought us BIPA and it’s not an exaggeration to say this bill had the potential to be equally catastrophic. A thanks to all the business groups that lined up in opposition to this including Technet, IMA, IRMA iBio, Chicagoland and the Fuel and Retail Association. Kudos to the General Assembly for not rushing flawed policy.
However, I don’t need to caution this audience that nothing disappears entirely in Springfield. Expect ongoing conversations this Summer and a reemergence in Veto or next spring.
You can read our joint fact sheet HERE.
New IL Chamber BIPA Brief Accepted by IL Supreme Courts
This week the Illinois Supreme Court accepted the Illinois Chamber of Commerce’s amicus brief in the case of Mosby v. Ingalls Memorial Hospital and Mazya v. Northwestern Lake Forest Hospital.
In this case, the Supreme Court is being asked to interpret the “health care exclusion” to BIPA liability. This exclusion, obviously, becoming much more important after the “annihilative liability” authorized in White Castle. The appellate court ruled that this exception is limited to patient information which unjustly exposes our healthcare providers to this “annihilative liability”. Instead, we argue that the legislature wished to exclude “all information collected, used, or stored for health care treatment, payment or operations” regardless of whether that information is collected from a patient or an employee. Secondary to our concern about liability, is that the appellate court’s interpretation would discourage health care providers from complying with HIPAA by using biometric identifiers to safeguard private health care information in their daily operations.
You can read our full brief HERE.
Other Notable Floor Votes
HB 1186, Insurance/Referral-Support passed the Senate 56-0-0. This bill 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. Provides that the Director may prescribe by rule the language that must be included in the plan name, marketing, advertising, or other consumer disclosure requirements to differentiate a health care plan that does not use a referral system for such providers from a health care plan that does use a referral system for such providers. Provides that the provisions shall not be construed as requiring the use of a referral system with the health maintenance organization's contracted or employed providers to obtain a certificate of authority.
HB 1384, INS/Reconstructive Services passed the Senate 56-0-0. 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 1615, Nursing passed the Senate 56-0-0. This bill provides that a primary goal of the Illinois Nursing Workforce Center is to develop a strategic plan for nursing workforce in the State by selecting priorities to be addressed, including: (1) for license renewals beginning in 2024 and each renewal thereafter, to develop and require the completion of a supply survey of all licensed nurses at initial licensure and each license renewal thereafter; and (2) no later than 2026, to develop a nurse demand and employer survey to be collected biennially. Adds 2 members to the Illinois Nursing Workforce Center Advisory Board representing a labor organization recognized under the National Labor Relations Act that represents active registered professional nurses licensed by the Department of Financial and Professional Regulation.
HB 2189, Insulin-Neutral passed the Senate 56-0-0. This bill creates the Access to Affordable Insulin Act. Provides that the Department of Insurance shall offer a discount program that allows participants to purchase insulin at a discounted, post-rebate price. Sets forth provisions concerning the insulin discount program.
HB 2509, Nursing- passed the House 82-31-0.The Illinois Chamber supports this bill which amends the Nurse Practice Act. Provides that an applicant who graduates from a professional nursing program in the State on or after the effective date of the amendatory Act and does not take the licensure examination within 180 days after his or her degree is conferred by the institution of higher education or fails the licensure examination for a second time shall be required to demonstrate proof of completion of a National Council Licensure Examination preparatory class or a comparable examination preparatory program before taking a subsequent licensure examination or the graduate may return to the institution of higher education from which he or she graduated which shall provide remedial educational resources to the graduate at no cost to the graduate. Provides that such an applicant must contact the institution of higher education from which he or she graduated prior to retesting. Provides that such an applicant shall contact the institution of higher education from which he or she graduated prior to retesting. Provides that prior to September 1, 2026, no professional nursing program shall be placed on probationary status for failing to reach a passage rate of less than 75%.
HB 2443, Hearing Aid Coverage passed the Senate 54-0-0. 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.
HB 2519, Hospitals/Milk passed the Senate 56-0-0. This bill requires hospitals licensed under the Act to provide information and instructional materials regarding the option to voluntarily donate milk to nonprofit milk banks that are accredited by the Human Milk Banking Association of North America. Provides that the information and instructional materials shall be provided to the parents of each newborn upon discharge from the hospital after the newborn's birth.
HB 3326, Automated License Plate Readers-Neutral passed the House 72-39-0. This bill, as amended, provides that an automated license plate reader (ALPR) user shall not sell, share, allow access to, or transfer ALPR information to any state for the purpose of investigating or enforcing a law that: (1) denies or interferes with a person's right to choose or obtain reproductive health care services or any lawful health care services; or (2) permits the detention or investigation of a person based on the person's immigration status. Provides that any law enforcement agency that uses ALPR systems shall require other out-of-state law enforcement agencies to acknowledge that any shared ALPR images or data generated in the State will not be used in a manner that violates the provisions by executing a written declaration before obtaining that data, and if a written declaration is not executed before sharing or transfer of the data, the law enforcement agency shall not share the ALPR images or data with the out-of-state law enforcement agency. Provides that ALPR information shall be held confidentially to the fullest extent permitted by law.
HB 3955, Hospitals passed the Senate 55-1-0. This bill provides that, notwithstanding any provision of law to the contrary, hospitals organized or licensed under the Acts, in accordance with specified federal law, shall not delay provisions of a required appropriate medical screening examination or further medical examination and treatment for a patient in a hospital's emergency room in order to inquire about the individual's method of payment or insurance status.
SB 69, Hospitals/Immunization Policy passed out of the House 89-15-0. 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 218, Physician Assistant passed the House 103-0-0. 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 759, Physician/Vaccines passed the House 96-7-0. This bill provides that a podiatric physician may provide vaccinations to patients 18 years of age and older upon completion of appropriate training. Provides that vaccinations administered by a podiatric physician shall be limited to influenza (inactivated influenza vaccine and live attenuated influenza intranasal vaccine), tetanus, and SARS-CoV-2. Requires the podiatric physician to notify the patient's primary care physician of each dose of vaccine administered to the patient and enter all patient level data or update the patient's current record.
SB 1282, INS Coverage passed the House 75-26-0. This bill Provides that a group or individual policy of accident and health insurance or a managed care plan that is amended, delivered, issued, or renewed on or after January 1, 2025 shall provide coverage for preventative liver disease screenings for individuals 35 years of age or older and under the age of 65 at high risk for liver disease, including liver ultrasounds and alpha-fetoprotein blood tests every 6 months, without imposing a deductible, coinsurance, copayment, or any other cost-sharing requirement on the coverage provided. Provides that the provisions do not apply to coverage of liver disease screenings to the extent such coverage would disqualify a high-deductible health plan from eligibility for a health savings account pursuant to specified federal law.
SB 1774, Clinical Trial-Support passed the House 111-0-0. This bill amends the Cancer Clinical Trial Participation Program Act. Changes the short title of the Act to the Clinical Trial Participation Program Act. Throughout the Act, replaces references to "cancer clinical trial" with references to "clinical trial" and makes conforming changes. Provides that "clinical trial" includes a voluntary research study conducted on people and designed to answer specific questions about the safety or effectiveness of a drug, vaccine, therapy, medical device, medical diagnostic, or new way of using an existing treatment to treat or diagnose a condition.
SB 1889, Pharmacy passed the House 112-0-0. This bill provides that supportive staff who solely perform clerical work are not required to be licensed as a registered pharmacy technician. When a pharmacist is not present in the pharmacy, a registered pharmacy technician, registered certified pharmacy technician, student pharmacist, and other supportive staff shall sell prescriptions that have received final verification by a pharmacist.
Rulemaking
Professional Licensing: The DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION adopted amendments to Administrative Procedures for General Professional Regulation Under the Administrative Code (68 IAC 1130; 46 Ill Reg 20445) effective 4/20/23, implementing three Public Acts that establish new licensed healthcare professions. The rulemaking adds behavior analysts and assistant behavior analysts, music therapists, and midwives to the list of licensed healthcare professions. Other changes establish authority for DFPR to issue profession-wide variances from various Practice Act rules during an emergency/ disaster declared by the Governor, or when the Secretary of DFPR determines an operational need for blanket variances. (Formerly, variances were permitted only on an individual, case-by-case basis.)
Clinical Psychologists: DFPR adopted an amendment to the Part titled Clinical Psychologist Licensing Act (68 IAC 1400; 46 Ill Reg 13564), effective 4/20/23, replacing an emergency amendment that expired 12/21/22. The rulemaking removes the former limit (18 out of 24 total credit hours) on the number of continuing education (CE) hours that can be completed outside of in-person instruction. All or any number of CE hours may now be completed online or remotely. Clinical psychologists seeking license renewal are affected. Questions/requests for copies of the 3 DFPR rulemakings: Craig Cellini, DFPR, 320 W. Washington St., 2nd Floor, Springfield IL 62786, 217/7850810, fax 217/557-4451
Nurse Staffing Agency Rules (Temporarily) Withdrawn: The DEPARTMENT OF LABOR has withdrawn proposed amendments to the Part titled Nurse Agency Licensing Act (68 IAC 690; 46 Ill Reg 19077) that were published in the 12/2/22 Illinois Register. These amendments would have clarified the applicability of the Act to staffing agencies that employ, refer, or assign nurses or nurse aides to health care facilities as temporary workers and would have added various requirements (e.g., worker’s comp insurance, application fees, record keeping, background checks) for those agencies that are subject to the Act. Since this rulemaking was published, Public Act 102-1124 has made further changes to the Act, so DOL will file a new rulemaking incorporating these changes.
Public Health and IDFPR Issue Standing Order on Hormonal Contraception
Yesterday, the Illinois Department of Public Health ("IDPH") and the Illinois Department of Financial and Professional Regulation ("IDFPR") announced a new process to expand access to self-administered hormonal contraceptives, making them more available to Illinois residents than ever before. IDPH Director, Dr. Sameer Vohra, issued a standing order that authorizes Illinois pharmacists to dispense hormonal contraception following training.
Pharmacists who intend to dispense hormonal contraception under the standing order are required to complete training accredited by the Accreditation Council for Pharmacy Education (“ACPE”). In addition, pharmacists will be required to maintain proof of training and maintain all application licensure requirements pursuant to applicable state laws and regulations. When planning to dispense hormonal contraceptives to patients, pharmacists must also complete several steps, including:
• Having the patient complete the self-screening risk assessment tool that ensures prescriptions are not contraindicated for any underlying conditions,
• Referring patients to a physician who is a primary care provider or OB/GYN using their professional and clinical judgement when needed,
• Providing counseling and education about all methods of contraception,
• Meeting certain recordkeeping requirements.
More about the requirements pharmacists must meet to be able to dispense hormonal contraceptives may be found in the standing order. Additional information may also be found on IDFPR’s Pharmacy profession webpage.
Articles of Interest
Don’t Forget to Register for the Women in Business Conference
June 21, 2023
8:30 am – 2:30 pm
NIU Center | 1120 E. Diehl Road Naperville, IL 60563
The Illinois Chamber welcomes you to our women's conference as we come together to discuss and further dreams of our already strong women for a stronger Illinois. This year's theme is "Celebrate Success." The robust agenda will provide time for networking and connecting with professionals, and topics providing takeaways for all to take back to the office or home. Sponsorships now available, more information here.
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