I spent way too long looking for last year's "Elf on a Shelf" for my children last night for the traditional December 1 appearance. Best of luck to all the parents that have to hide that goofy thing around their house the next 3 weeks.
BIPA Win Relating to Healthcare Workers in Illinois Supreme Court
It’s really nice to be able to report on good BIPA related news for once. Special thank you is due to John Adams at EimerStahl for drafting the Chamber’s amicus brief for this case.
The Illinois Supreme Court held that the Biometric Information Privacy Act “excludes from its protections the biometric information of health care workers where that information is collected, used, or stored for health care treatment, payment, or operations, as those functions are defined by HIPPA. A health care worker’s biometric information, used to permit access to medication dispending stations for patient care . . . is exempt from [BIPA’s] protections.” Mosby, 2013 IL 129081, ¶ 54 (citing 740 ILCS 14/10). Accordingly, the Court reversed the judgement of the appellate court and remanded the case to the circuit court for further proceedings.
As you’ll recall, the certified question in this case asked whether the language following “or” in Section 10 of BIPA—which excludes as “biometric identifiers” “information collected, used, or stored for health care treatment, payment, or operations under HIPPA”—refers exclusively to a patient’s biometric information (as the plaintiffs argued) or includes a health care worker’s biometric information used to access patient medications and provide patient care (as the defendants argued). Agreeing with the defendants, the Court adopted the reasoning from our brief.
New Bills of Interest
HB 4230 (Sanalitro) - Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that subject to federal approval, transportation by means of a transportation network company service for individuals undergoing 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, shall be covered under the medical assistance program for persons who are otherwise eligible for medical assistance.
SB 2639 (Hastings) - Amends the Illinois Insurance Code. Provides that, for a group policy of accident and health insurance providing coverage for more than 25 employees that provides pregnancy related benefits that is issued, amended, delivered, or renewed in this State after the effective date of the amendatory Act, if a covered individual obtains, from a physician licensed to practice medicine in all its branches, a recommendation approving the covered individual to seek in vitro fertilization, gamete intrafallopian tube transfer, or zygote intrafallopian tube transfer based on any of the following: the covered individual's medical, sexual, and reproductive history; the covered individual's age; physical findings; or diagnostic testing, then the procedure shall be covered without any other restrictions or requirements.
SB 2641 (Holmes) - Amends the Network Adequacy and Transparency Act. Provides that the Department of Insurance shall determine whether the network plan at each in-network hospital and facility has a sufficient number of hospital-based medical specialists to ensure that covered persons have reasonable and timely access to such in-network physicians and the services they direct or supervise. Defines "hospital-based medical specialists".
Paid Leave for All Workers Act Update
The Illinois Department of Labor's (IDOL) proposed rule to implement the Paid Leave for All Workers Act was published in the November 3, 2023 Illinois Register (see pages 15559 to 15588). We are reviewing the proposal and will be scheduling a virtual meeting to assist us in preparing our comments that are due December 18th. If you have any suggestions, concerns or thoughts we should consider in our comments, please contact us at your earliest convenience. IDOL is hosting webinars for employers. Information on upcoming webinars can be found here. Also, IDOL has established a FAQ page for additional assistance for employers.
Additional Rulemaking
Immigrant Healthcare: The DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES adopted emergency amendments to Special Eligibility Groups (89 IAC 118; 47 Ill Reg 17206) effective 11/13/23 for a maximum of 150 days, renewing some provisions of previous emergency rules that expired on 11/12/23. These emergency rules impose limitations on the Health Benefits for Immigrant Adults (HBIA) and Health Benefits for Immigrant Seniors (HBIS) programs, which provide medical assistance to noncitizens ages 42-64 (HBIA) and 65 and older (HBIS) who meet income criteria and do not qualify for federally matched Medicaid assistance. The rulemakings provide that HFS may limit or suspend enrollment in either program with at least 14 days' notice posted on its website. HFS may also limit or suspend backdated coverage (for dates of service up to 3 months prior to the date of application) if necessary to keep the costs of these programs within the amount appropriated. The rulemakings also require any large public hospital that has received payments from these programs in excess of the rates paid to non-large public hospitals to reimburse the State for these excess payments in a method and amount determined by HFS. Healthcare providers who serve HBIA or HBIS recipients are affected by these rulemakings. Questions/requests for copies: Steffanie Garrett, HFS, 201 S. Grand Ave. East, 3rd Floor, Springfield IL 62763-0002, HFS.Rules@illinois.gov
Medical Payment: HFS also adopted amendments to Medical Payment (89 IAC 140; 47 Ill Reg 5872) effective 11/3/23 that set forth HFS policy concerning Medical Assistance payment for services rendered by substitute physicians. Payment to a provider for the services of a substitute physician is authorized when the regular attending physician is on vacation, ill, or otherwise unavailable due to an emergency; the substitute physician is validly licensed; the substitute has not been barred or suspended from participation in the Medical Assistance program and did not withdraw from Medical Assistance participation as part of a settlement agreement; and the substitution does not exceed 14 days per incident or 90 days per year for a particular attending physician. If the substitution exceeds 90 days in a year, the substitute physician must enroll in the Medical Assistance program in order to continue receiving payment. The rulemaking also clarifies the definition and extent of supplemental payments to Medicaid or Children's Health Insurance Program-enrolled practitioners employed by Illinois public universities and updates the schedule of covered dental procedures to include school-based preventive dental services for children under age 19. Since 1st Notice, HFS has modified the preventive dental procedure schedule to allow payment for one sealant per tooth every 2 years (originally, every 5 years).
Dentists: The DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION proposed amendments to the Part titled Illinois Dental Practice Act (68 IAC 1220; 47 Ill Reg 17316) that add provisions for a specialty in dental anesthesiology (in addition to existing specialties such as pediatric dentistry, periodontics, and orthodontics) and requirements for licensure in that specialty. The rulemaking also clarifies the training requirements for moderate (conscious) sedation permits; updates references to standardized licensure examinations; and accepts advanced clinical training in pediatric dentistry, periodontics, endodontics, orthodontics, and oral/maxillofacial surgery (currently, only prosthodontics) toward licensure of graduates from dental schools outside of the U.S. or Canada. Dentists and dental students are affected by this rulemaking.
Spring Session Schedule
Both chambers will return to Springfield on January 16th at the call of the Speaker and Senate President. The 2024 Spring session calendar is now available. Click to view the House and Senate calendars.
