Clark Kaericher | Executive Director, Healthcare Council & Sr. VP of Government Affairs | 618-806-1501
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January 27, 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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Short session week this week. Only the Senate was in and they met for a combined time of less than one hour.
Next week only the House is in session. Both Chambers will convene the week after.
Committee Updates
Committees did not meet this week. Furthermore, no House Committees have been posted next week.
I want to point out one change to the Senate committee structure. The Judiciary Committee has absorbed the Criminal Law Committee and will handle both criminal and civil matters. Considering that an increasing number of issues are heading to this committee (who could forget prejudgment interest, for example), is this a good thing? Overall, I think so due to the requirement that those serving on the committee be licensed attorneys. The attorney members tend to be the more moderate politically in both parties. The downside? Judiciary hearings could already drag on. Add a sometimes-explosive subject matter like criminal law and we might be in for some very long committee hearings.
New Bills of Interest
Once again, there were quite a few healthcare related bills of interest. This week also has the first 150 Senate Bills or so. I’ll try and break them up roughly by topic so you can skim for your interests. As always, your input is greatly appreciated and critical. Here are the ones I flagged:
Billing
HB 1281 (Didech) - Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that the furnishing of health care services by a health care professional or health care provider may not be conditioned on the patient providing a credit card number to be kept on file by the health care professional or health care provider. Provides that a violation constitutes an unlawful practice within the meaning of the Act.
Hospitals
SB 138 (Stoller) - Amends the Hospital Licensing Act. Provides that a municipality, political subdivision, State agency, or other governmental entity that owns or operates a hospital under any law authorizing or establishing a hospital or hospital district shall, relative to the delivery of health care services, have, in addition to any authority vested by law, the authority and legal capacity concerning the specified use and investment of funds. Provides that conversion of public funds for the benefit of any individual concerning the specified use and investment of funds shall constitute grounds for review and action by the Attorney General or the applicable State's Attorney. Provides that a municipality, political subdivision, State agency, or other governmental entity exercising the powers granted for the use and investment of funds shall be subject to all applicable public purchasing requirements and the requirements of the Open Meetings Act.
Insurance
HB 1348 (Collins) - Provides that no later than July 1, 2024, each health plan and pharmacy benefit manager operating in this State shall, upon request of a covered individual, his or her health care provider, or an authorized third party on his or her behalf, furnish specified cost, benefit, and coverage data to the covered individual, his or her health care provider, or the third party of his or her choosing and shall ensure that the data is: (1) current no later than one business day after any change is made; (2) provided in real time; and (3) in a format that is easily accessible to the covered individual or, in the case of his or her health care provider, through an electronic health records system. Provides that the format of the request shall use specified industry content and transport standards.
HB 1384 (Cassidy) - Amends the Accident and Health Insurance Article of the Illinois Insurance Code. Provides that a group or individual policy of accident and health insurance 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.
SB 54 (Fine) - Coverage for self-management training and education, equipment, and supplies for diabetes treatment shall include insulin pumps and medical supplies required for the use of an insulin pump when medically necessary and prescribed by a physician licensed to practice medicine in all of its branches.
SB 56 (Fine) - . In provisions concerning Medicare supplement policy minimum standards, provides that if an individual is at least 65 years of age but no more than 75 years of age and has an existing Medicare supplement policy, then the individual is entitled to an annual open enrollment period lasting 45 days, commencing with the individual's birthday, and the individual may purchase any Medicare supplement policy with the same issuer or any affiliate authorized to transact business in the State (instead of only the same issuer) that offers benefits equal to or lesser than those provided by the previous coverage.
SB 68 (Fine) – With regard to any policy, contract, or plan offered, entered into, issued, amended, or renewed on or after January 1, 2024 by a health insurer, life insurer, or long-term care insurer authorized to transact insurance in this State, a health insurer, life insurer, or long-term care insurer may not: (1) cancel, limit, or deny coverage or establish differentials in premium rates based on a person's genetic information; or (2) require or solicit an individual's genetic information, use an individual's genetic test results, or consider an individual's decisions or actions relating to genetic information or a genetic test in any manner for any insurance purpose
SB 130 (Fine) - Amends the Health Maintenance Organization Act. Provides that the powers of a health maintenance organization include the voluntary use of a referral system for enrollees to access providers under contract with or employed by the health maintenance organization. Provides that the provisions shall not be construed as requiring the use of a referral system to obtain a certificate of authority. This is identical to the Rep. Croke bill we highlighted last week.
Licensing
SB 41 (Feigenholtz) - Ratifies and approves the Nurse Licensure Compact, which allows for the issuance of multistate licenses that allow nurses to practice in their home state and other compact states. Provides that the Compact does not supersede existing State labor laws. Provides that the State may not share with or disclose to the Interstate Commission of Nurse Licensure Compact Administrators or any other state any of the contents of a nationwide criminal history records check conducted for the purpose of multistate licensure under the Nurse Licensure Compact.
SB 69 (Fine) - Amends the Hospital Licensing Act. 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 92 (Fine) - Amends the Illinois Insurance Code. Provides that the Director of Insurance shall issue rules to establish specific standards which may cover, but shall not be limited to, alignment of an accident and health insurance policy's coverage year and deductible year for the purpose of determining patient out-of-pocket cost-sharing limits. Defines "coverage year" and "deductible year".
Medicaid
HB 1289 (Avelar) - Provides that cognitive assessment and care planning services provided to a person who experiences signs or symptoms of cognitive impairment shall be covered under the medical assistance program for persons who are otherwise eligible for medical assistance. Defines "cognitive impairment" to mean a deficiency in: (i) short-term or long-term memory; (ii) orientation as to person, place, and time; or (iii) deductive or abstract reasoning. Provides that "cognitive impairment" does not include any condition with temporary or reversible effects.
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.
Screening
SB 67 (Fine )- Requires the Department of Public Health to provide all newborns with screening tests for the presence of metachromatic leukodystrophy. Requires the testing to begin within 6 months following the occurrence of specified milestones. Allows the Department to require payment of an additional fee for the provision of metachromatic leukodystrophy screening tests.
Rulemaking
There was nothing of concern in the January 20th edition of the Flinn Report outlining proposed rules.
NFL Picks
I went 3-1 last week. This week I’ll take the Bengals and the 49ers.
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