AARON WINTERS
Executive Director
Healthcare Council
847-334-6411
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Good morning, Healthcare Council. We here at the Chamber are more than happy to put January to bed after this rough weather week. We still don't have committee assignments in the House yet, although both House and Senate committees are posted for next week. The Governor's budget address is on Feb. 20. On to the update!
Federal Drug Rebate Rule Proposed
Yesterday the U.S. Department of Health and Human Services unveiled a new proposed rule that would end after-market drug rebates that pharmacy benefit managers, Medicare Part D plans and Medicaid MCOs receive from pharmaceutical manufacturers. Rebates directly to consumers could continue. You can read the HHS release and the proposed rule here.
Pritzker Appointments Continue
This week Gov. Pritzker named his new Illinois Department of Public Health Director - Dr. Ngozi Ezike. She is a
board-certified internist and pediatrician who comes to IDPH from Cook County Health, where she has served for more than 15 years.
Committee Schedules
Below are all the healthcare-related bills posted for committee next week. As always, please let me know if your organization is taking a position on any pieces of legislation. It's more than likely that many of these bills won't be called. We'll be gathering intel in the meantime.
Tuesday, Feb. 5
2 pm
Location: Room 118 Capitol Building
Bill # Sponsor ABR - Short Description Last Action
HB273 - Willis - Amends the Illinois Insurance Code. In provisions concerning coverage for anesthetics provided in conjunction with dental care to an individual diagnosed with autism spectrum disorder, removes the requirement that the individual be under age 19. Amends the Illinois Public Aid Code. Provides that the medical assistance program shall include coverage for anesthetics provided in conjunction with dental care to an individual diagnosed with autism spectrum disorder. The Chamber has had initial conversations with Sen. Morrison who is carrying similar legislation in the Senate. We anticipate meetings to be held on the topic.
2 pm
Location: 400 Capitol
SB21 - Morrison - Raises the age to purchase tobacco products to 21.
SB109 - Link - Amends the Authorized Electronic Monitoring in Long-Term Care Facilities Act. Includes in the definition of "facility" a facility that provides housing to individuals with dementia. Effective immediately.
3 pm
Location: Room 115 Capitol
# Sponsor ABR - Short Description Last Action
HB1 - Flowers - Creates the Task Force on Infant and Maternal Mortality Among African Americans Act.
HB2 - Flowers - Amends the Medical Patient Rights Act. Provides that every woman has certain rights with regard to pregnancy and childbirth, including the right to receive care that is consistent with current scientific evidence about benefits and risks, the right to choose her birth setting, the right to be provided with certain information, and the right to be treated with respect at all times before, during, and after pregnancy by her health care professionals and to have a health care professional that is culturally competent and treats her appropriately regardless of her ethnicity, sexual orientation, or religious background. Requires the Department of Public Health, Department of Healthcare and Family Services, Department of Children and Family Services, and Department of Human Services to post information about these rights on their publicly available websites. Requires every health care provider, day care center, Head Start, and community center to post information about these rights in a prominent place and on their websites, if applicable. Requires the Department of Public Health to adopt rules to implement the provisions. Effective immediately.
HB3 - Flowers - Amends the Hospital Report Card Act to require that each hospital include in its quarterly report instances of preterm infants, infant mortality, and maternal mortality. Requires the reporting of racial and ethnic information of the infants' mothers, along with the disparity of occurrences across different racial and ethnic groups. Effective immediately.
HB5 - Amends the Department of Human Services Act. Requires the Department of Human Services to ensure access to substance use and mental health services statewide for pregnant and postpartum women, and to ensure that programs are gender-responsive, are trauma-informed, serve women and young children, and prioritize justice-involved pregnant and postpartum women. Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Requires the Department of Public Health to establish a classification system for specified levels of maternal care. Requires the Department to implement substantive measures that benefit maternal care and provide a greater amount of available information in order to further medical research. Amends the Emergency Medical Services (EMS) Systems Act. Requires the Department of Public Health to ensure that EMS systems are transporting pregnant women to the appropriate facilities based on the Department of Public Health's classification system for levels of maternal care. Effective immediately.
HB6 - Flowers - Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Requires the Department of Public Health to establish women's health clinics throughout the State to provide affordable health care for women. Requires the services provided at the women's health clinic to be offered at an affordable price and to include specified services, including women's health examinations, pregnancy confirmation, prenatal care, labor and delivery services, postpartum care, family planning examinations and birth control services, and care for sexually transmitted diseases and infections.
Wednesday, Feb. 6
8:30 am
Location: Room C-1 Stratton
Bill # Sponsor ABR - Short Description Last Action
HB163 - Stuart - Amends the Illinois Controlled Substances Act. Provides that the information required to be transmitted under the prescription monitoring program must be transmitted not later than the end of the business day on which a controlled substance is dispensed, or at such other time as may be required by the Department of Human Services by administrative rule (rather than, at the end of the next business day on which the controlled substance is dispensed).
HB176 - Flowers - Amends the Illinois Public Aid Code. Provides that a redetermination of eligibility for medical assistance benefits shall be conducted once every 12 months. Effective January 1, 2020.
HB178 - Amends the Community-Integrated Living Arrangements Licensure and Certification Act. Provides that licenses for community mental health or developmental services agencies are valid for one year (rather than 3 years). Provides that an agency licensed under the Act or a community-integrated living arrangement certified by an agency must maintain for public inspection copies of investigative reports and surveys conducted by the Department of Human Services. Provides that the Department must prepare a quarterly report detailing violations of the Act by an agency licensed under the Act or a community-integrated living arrangement certified by an agency and must publish the report on its website. Provides that the report must include the name and address of each agency and community-integrated living arrangement that violates the Act.
10 am
Location: Room D-1 Stratton
Bill # Sponsor ABR - Short Description Last Action
HB10 - Flowers - Amends the Pharmacy Practice Act. Requires that at least one registered pharmacy technician be on duty whenever the practice of pharmacy is conducted. Requires that pharmacies fill no more than 10 prescriptions per hour. Requires 10 pharmacy technician hours per 100 prescriptions filled. Prohibits pharmacies from requiring pharmacists to participate in advertising or soliciting activities that may jeopardize patient health, safety, or welfare and any activities or external factors that interfere with the pharmacist's ability to provide appropriate professional services. Provides that a pharmacist shall receive specified break periods. Provides that a pharmacy may not require a pharmacist to work during a break period, shall make available a break room meeting specified requirements, shall keep a complete and accurate record of the break periods and may not require a pharmacist to work more than 8 hours a workday. Provides for enforcement and penalties. Provides whistleblower protections for an employee of a pharmacy if the pharmacy retaliates against the employee for certain actions. Requires pharmacies to maintain a record of any errors in the receiving, filling, or dispensing of prescriptions.
HB13 - Flowers - Amends the Illinois Insurance Code, the Pharmacy Practice Act, and the Wholesale Drug Distribution Licensing Act. Prohibits the licensure, transference, use, or sale of any records relative to prescription information containing patient-identifiable or prescriber-identifiable data by any licensee or registrant of the Acts for commercial purposes.
HB197 - Amends the Pharmacy Practice Act. Requires that at least one registered pharmacy technician be on duty whenever the practice of pharmacy is conducted. Requires that pharmacies fill no more than 10 prescriptions per hour. Requires 10 pharmacy technician hours per 100 prescriptions filled. Prohibits pharmacies from requiring pharmacists to participate in advertising or soliciting activities that may jeopardize patient health, safety, or welfare and any activities or external factors that interfere with the pharmacist's ability to provide appropriate professional services. Provides that a pharmacist shall receive specified break periods. Provides that a pharmacy may not require a pharmacist to work during a break period, shall make available a break room meeting specified requirements, shall keep a complete and accurate record of the break periods, and may not require a pharmacist to work more than 8 hours a workday. Provides for enforcement and penalties. Provides whistleblower protections for an employee of a pharmacy if the pharmacy retaliates against the employee for certain actions. Requires pharmacies to maintain a record of any errors in the receiving, filling, or dispensing of prescriptions.
HB225 - Flowers - Amends the Medical Practice Act of 1987. Removes provisions prohibiting the Department of Financial and Professional Regulation from disciplining a physician for experimental treatments for Lyme disease or other tick-borne diseases.
10 am
Location: Room 114 Capitol
Bill # Sponsor ABR - Short Description Last Action
HB53 - Flowers - Amends the Illinois Food, Drug and Cosmetic Act. Requires manufacturers of brand name or generic prescription drugs to notify State purchasers, health insurers, health care service plan providers, pharmacy benefit managers, and the General Assembly of specified increases in drug prices at least 60 days before such increase and the cost of specified new prescription drugs within 3 days after approval by the U.S. Food and Drug Administration. Provides that within 30 days after such notifications, prescription drug manufacturers shall report specified information to State purchasers, health insurers, health care service plan providers, pharmacy benefit managers, and the General Assembly. Provides that failure to report such information shall result in a specified civil penalty. Requires the General Assembly to conduct an annual public hearing on aggregate trends in prescription drug pricing. Provides that if the manufacturer of a prescription drug or its agent meets or otherwise communicates with a prescriber for the purpose of marketing a drug, then the manufacturer or its agent shall disclose to the prescriber if any ingredient in the drug it is marketing is known to pose a risk of dependency in humans. Makes other changes.
HB156 - Creates the Prescription Drug Pricing Transparency Act. Requires health insurers to disclose certain rate and spending information concerning prescription drugs and certain prescription drug pricing information to the Department of Public Health. Requires the Department and health insurers to create annual lists of prescription drugs on which the State spends significant health care dollars and for which costs have increased at a certain rate over time. Requires the Department and health insurers to provide their lists to the Attorney General. Requires prescription drug manufacturers to notify the Attorney General if they are introducing a new prescription drug at a wholesale acquisition cost that exceeds the threshold set for a specialty drug under the Medicare Part D program. Amends the Illinois Insurance Code. Requires a group or individual policy of accident and health insurance that provides coverage for prescription drugs to apply the same cost-sharing requirements to interchangeable biological products as apply to generic drugs under the policy. Amends the Pharmacy Practice Act. Provides that when a pharmacist receives a prescription for a biological product, the pharmacist shall select the lowest priced interchangeable biological product (rather than allowing a pharmacist to substitute an interchangeable biological product only if certain requirements are met). Requires that when a pharmacist receives a prescription from a Medicaid recipient, the pharmacist shall select the preferred drug or biological product from the State's preferred drug list. Makes other changes. Makes conforming changes in the Freedom of Information Act. Effective immediately.
4 pm
Location: 212 Capitol
l Sponsor ABR - Short Description Last Action
SB111 - Morrison - Amends the Illinois Insurance Code. In provisions concerning coverage for anesthetics provided in conjunction with dental care to an individual diagnosed with autism spectrum disorder, removes the requirement that anesthetics be provided by a dentist licensed under the Illinois Dental Practice Act and changes the age of the individual that treatment shall be covered to under age 26 (rather than under age 19). This bill will not be called this week. Sen. Morrison indicated she will hold a joint meeting with Rep. Willis with interested stakeholders in the near future.
Thursday, Feb. 7
8:30 am
Location: Room C-1 Stratton Building
ABR - Short Description Last Action
HB4 - Greenwo0d - Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that doula services shall be covered under the medical assistance program. Sets forth certain certification and training requirements a doula must satisfy to qualify for reimbursement under the medical assistance program.
HB7 - Flowers - Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires services provided by community midwives, doulas, and breastfeeding peer counselors to be covered and reimbursed under the medical assistance program for persons who are otherwise eligible for medical assistance. Effective immediately.
HB8 - Flowers - Creates the Illinois Medicare for All Health Care Act. Provides that all individuals residing in the State are covered under the Illinois Health Services Program for health insurance. Sets forth the health coverage benefits that participants are entitled to under the Program. Sets forth the qualification requirements for participating health providers. Sets forth standards for provider reimbursement. Provides that it is unlawful for private health insurers to sell health insurance coverage that duplicates the coverage of the Program. Provides that investor-ownership of health delivery facilities is unlawful. Provides that the State shall establish the Illinois Health Services Trust to provide financing for the Program. Sets forth the requirements for claims billing under the Program. Provides that the Program shall include funding for long-term care services and mental health services. Provides that the Program shall establish a single prescription drug formulary and list of approved durable medical goods and supplies. Creates the Pharmaceutical and Durable Medical Goods Committee to negotiate the prices of pharmaceuticals and durable medical goods with suppliers or manufacturers on an open bid competitive basis. Sets forth provisions concerning patients' rights. Provides that the employees of the Program shall be compensated in accordance with the current pay scale for State employees and as deemed professionally appropriate by the General Assembly. Effective January 1, 2020.
HB41 - Amends the Medical Assistance Article of the Illinois Public Aid Code. Extends medical assistance coverage to all women of childbearing age regardless of income level.
HB204 - Amends the Senior Citizens and Persons with Disabilities Property Tax Relief Act by reinstituting the pharmaceutical assistance program that was eliminated by Public Act 97-689 and changing the short title to the Senior Citizens and Persons with Disabilities Property Tax Relief and Pharmaceutical Assistance Act. Makes conforming changes in various Acts.
HB207 - Creates the Health Care for All Illinois Act. Provides that all individuals residing in this State are covered under the Illinois Health Services Program for health insurance. Sets forth requirements and qualifications of participating health care providers. Sets forth the specific standards for provider reimbursement. Provides that it is unlawful for private health insurers to sell health insurance coverage that duplicates the coverage of the program. Requires the State to establish the Illinois Health Services Trust to provide financing for the program. Sets forth the specific requirements for claims billed under the program. Provides that the program shall include funding for long-term care services and mental health services. Creates the Pharmaceutical and Durable Medical Goods Committee to negotiate the prices of pharmaceuticals and durable medical goods with suppliers or manufacturers on an open bid competitive basis. Provides that patients in the program shall have the same rights and privacy as they are entitled to under current State and federal law. Provides that the Commissioner, the Chief Medical Officer, the public State board members, and employees of the program shall be compensated in accordance with the current pay scale for State employees and as deemed professionally appropriate by the General Assembly. Effective July 1, 2019.
HB272 - Harris - Imposes a 1% tax on all paid health insurance claims with proceeds going to Medicaid funding. The Chamber is opposed.
10 am
Location: Room 114 Capitol
Sponsor ABR - Short Description Last Action
HB205 - Villa - Amends the Critical Health Problems and Comprehensive Health Education Act to require the instruction on mental health and illness to evaluate the multiple dimensions of health by reviewing the relationship between physical and mental health so as to enhance student understanding, attitudes, and behaviors that promote health, well-being, and human dignity.
HB219 - Creates the Children's Mental Health Local Integrated Fund Act. Creates local children's mental health collaboratives. Defines "local children's mental health collaborative" as an entity formed by the agreement of representatives of the local system of care, including mental health services, social services, correctional services, education services, health services, and vocational services for the purpose of developing and governing an integrated service system. Provides that, to qualify as a local children's mental health collaborative and be eligible to receive start-up funds, the representatives of the local system of care and nongovernmental entities such as parents of children in the target population; parent and consumer organizations; community, civic, and religious organizations; private and nonprofit mental and physical health care providers; culturally specific organizations; local foundations; and businesses, or at a minimum one county, one school district or special education cooperative, one mental health entity, and one juvenile justice or corrections entity, must agree to the following: (1) to establish a local children's mental health collaborative and develop an integrated service system; (2) to commit resources to providing services through the local children's mental health collaborative; and (3) to develop a plan to contribute funds to the children's mental health collaborative.
New Bill Introductions
So as to not overload your email, we'll do a separate email next week will all the healthcare-related bill introductions, but wanted to flag a few bills in particular that were introduced since our last update:
Pharmaceuticals
HB1441 - Moeller -
Creates the Wholesale Importation of Prescription Drugs Act. Requires the Department of Public Health to design an importation program where the State is the licensed wholesaler of imported drugs from licensed, regulated Canadian suppliers. Requires the program to address specified issues, including billing issues, cost savings issues, and safety and regulatory issues. Contains auditing and reporting requirements. Provides that the Department shall enlist the assistance of the Attorney General to identify the potential for anti-competitive behavior in industries that would be affected by an importation program. Requires the Department to submit a formal request to the Secretary of the United States Department of Health and Human Services for certification of the importation program. Requires the Department to have the program operational within 6 months after receiving the certification. Contains provisions concerning implementation requirements.
Mental Health
HB1462 - Feigenholtz -
Creates the Children's Mental Health Ombudsman Program Act. Provides that the Children's Mental Health Ombudsman Program (Program) is created in the Office of the Governor for specified purposes, including for the purposes of advocating on behalf of children with mental health disorders, identifying barriers to effective mental health treatment and proposed solutions; monitoring and ensuring compliance with relevant statutes, regulations, rules, and policies pertaining to children's behavioral health services; and investigating complaints that a State or a government agency has engaged in activities, practices, or omissions that constitute violations of applicable court orders, statutes, or regulations or that may have an adverse effect upon the health, safety, welfare, or rights of children. Provides that the Governor shall appoint the Children's Mental Health Ombudsman (Ombudsman). Requires the Ombudsman, in consultation with other specified persons, to establish policies and procedures as needed to facilitate compliance with the provisions of the Program, including procedures for filing, investigating, and resolving complaints. Grants the Ombudsman subpoena powers. Requires the Ombudsman to: (i) monitor federal, State, and local statutes, rules, regulations, and policies regarding services and supports for children with mental health disorders; (ii) maintain complete records of complaints received; (iii) submit annual reports to the Governor and the General Assembly on the activities of the Program; (iv) adopt rules that are necessary for performing the required activities of the Program; and other matters. Amends the Freedom of Information Act. Exempts from disclosure all information and records acquired by the Ombudsman during the performance of his or her duties.
Medical Devices (Liability and Hospital Waivers)
HB1470 - Flowers -
Creates the Medical Device Safety Act. Provides that (i) all medical devices to be used by, surgically applied to, or surgically implanted within a patient be under warranty, regardless of the severity of the patient's medical condition necessitating the device, (ii) all persons and entities that produce, sell, offer for sale, or provide medical devices to be used by, surgically applied to, or surgically implanted within a patient are liable for all costs to the patient for the replacement of each medical device if the medical device malfunctions due to no fault of the patient, and (iii) all hospitals and ambulatory surgical treatment centers shall waive the costs charged to patients for follow-up surgeries that result from defective medical devices, regardless of whether or not those defective medical devices are capable of being implanted. Amends the University of Illinois Hospital Act, the Ambulatory Surgical Treatment Center Act, and the Hospital Licensing Act. Requires that the University of Illinois Hospital, all ambulatory surgical treatment centers, and all hospitals licensed under the Hospital Licensing Act waive the costs charged to patients for follow-up surgeries that result from previous surgical errors. Effective immediately.
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