Aaron Winters | Executive Director, Healthcare Council | 847-334-6411


Good morning, Healthcare Council. The Senate is off this week, and the House convenes this Wednesday. Bill introduction deadline is Feb. 15. The Governor's budget address is Feb. 20, which is expected to highlight a dire situation for the next fiscal year. On to the update!
 

Pritzker Releases Transition Reports
Gov. Pritzker's administration released a series of documents last week detailing the results of 11 policy focused transition committees. Of particular note is the "Healthy Children and Families" report. Recommendations include:
 
  • Increased oversight and reporting requirements for Medicaid Managed Care Organization contracts
  • Require health insurance companies to cover early intervention for serious mental illnesses (language similar to legislation introduced by Sen. Bush's SB35)
  • Exploration (in the long term) of a Medicaid public buy-in option
  • Enforcement of state law regarding pre-existing conditions and regulate short-term medical plans, association health plans and health care sharing ministries

Last Week In Review
Very little substance occurred last week, as most committees convened for introductions and not much else. The Chamber met with Majority Leader Greg Harris concerning HB0272 , the 1 percent Health Insurance Claims Assessment Act, which would make employer healthcare more unaffordable. While we don't expect the legislation to be called in committee in the short term, we do expect more attention on this issue before May.
 
Additionally, Rep. Guzzardi pledged to hold a series of subject matter hearings in his prescription drug affordability committee in the coming weeks. We expect intense activity on prescription drugs, pharmacy benefit managers and insurers this session.
 
Committees Scheduled This Week
With only the House in session, we have a relatively light committee week. For a list of the nearly 100 bills the Healthcare Council is tracking, please click here.

Wednesday, Feb. 13
 
House Health Care Licenses Committee
3 pm
Location: Room 122B Capitol Building 

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.
 
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.
 
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.
 
HB823 - Willis - Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Requires the Department of Public Health to ensure that those who draw blood from children and adults with intellectual and developmental disabilities are trained, at least once every 3 years, in the most current method of drawing blood from children and adults with developmental and intellectual disabilities. Provides that the training shall focus on drawing blood in a safe manner that is as comfortable as possible. Requires the Department to ensure that those facilities and providers review their training program at least once within each 3-year period to ensure that the training includes the most current methods available of drawing blood from children and adults with intellectual and developmental disabilities that is safe and comfortable for them and their families. Requires the Department to ensure that by July 1, 2020 all medical facilities are equipped to draw blood from children and adults with intellectual and developmental disabilities using finger-prick equipment, hemoglobin testing equipment, and all other related equipment that can be adapted to serve patients with intellectual and developmental disabilities.
 
HB1442 - Mussman - Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Provides that the Director of Public Health, if a physician licensed to practice medicine in all its branches in Illinois, shall establish a standing order complete with the issuance of a prescription for a hormonal contraceptive in accordance with the requirements of the provisions. Provides that if the Director is not a physician licensed to practice medicine in all its branches in Illinois, the Medical Director of the Department of Public Health shall establish the standing order. Amends the Illinois Insurance Code. Requires a group or individual policy of accident and health insurance or managed care plan to provide coverage for patient care services provided by a pharmacist. Makes conforming changes in the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, and the School Code. Amends the Pharmacy Practice Act. Provides that the definition of "practice of pharmacy" includes the dispensing of hormonal contraceptives pursuant to the standing order under provisions of the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Amends the Illinois Public Aid Code. Requires the medical assistance program to cover patient care services provided by a pharmacist for hormonal contraceptives assessment and consultation. Effective January 1, 2020.
 
House Prescription Drug Affordability & Accessibility Committee
3 pm
Location: Room 413 Stratton
 
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. The Chamber is opposed.
 
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. The Chamber is opposed.
 
HB891 - Sosnowksi - Amends the Illinois Insurance Code. Creates the Pharmacy Benefits Managers Article. Provides that a pharmacy or pharmacist shall have the right to provide an insured information regarding the amount of the insured's cost share for a prescription drug and that neither a pharmacy nor a pharmacist shall be penalized by a pharmacy benefits manager for discussing certain information or for selling a lower-priced drug to the insured if one is available. Provides that a pharmacy benefits manager shall not, through contract, prohibit a pharmacy from offering and providing direct and limited delivery services to an insured as an ancillary service of the pharmacy, as delineated in the contract between the pharmacy benefits manager and the pharmacy. Provides that a pharmacy benefits manager shall not charge, or attempt to collect from, an insured a copayment that exceeds the total charges submitted by the network pharmacy.
 
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. The Chamber is opposed.
 
House Insurance Committee
3 pm
Location: Room D-1 Stratton
 
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. It is not anticipated that the legislation will be called before those meetings occur.
 
HB815 - Morgan - Creates the Freedom from Aggressive Insurance Increases Review Act. Creates the independent, quasi-judicial Health Insurance Rate Review Board to ensure insurance rates are reasonable and justified. Sets forth duties and prohibited activities concerning the Board. Sets forth the procedures for appointment to the Board. Provides requirements and procedures for health carriers to file current and proposed rates and rate schedules with the Board. Provides that the Board shall review and approve or disapprove all rates and rate schedules filed or used by a health carrier. Sets forth provisions concerning rate standards, public notice, hearings, and the disapproval and approval of rates and rate schedules. Requires the Board to annually report to the General Assembly all rate and rate schedules approved, disapproved, and amended. We had an initial meeting with Rep. Morgan last week - he committed to a broader stakeholder meeting before any bill action.
 
HB889 - Swanson - Amends the Illinois Insurance Code. Requires an individual or group policy of accident and health insurance or managed care plan to provide coverage for long-term antibiotic therapy for a person with a tick-borne disease. Makes conforming changes in the Health Maintenance Organization Act and the Illinois Public Aid Code. The Chamber had a meeting with the bill sponsor and voiced concerns about mandating the coverage of experimental treatments.
 
Thursday, Feb. 14
 
House Human Services Committee
8:30 am
Location: Room C-1 Stratton
 
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.
 
HB342 - Bailey - Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Requires the Department of Public Health to create and maintain a list of each immunizing agent derived from aborted fetal tissue and any alternative immunizing agents. Provides that the Department shall ensure that, before administering an immunizing agent derived from aborted fetal tissue to an individual, a health care provider shall provide to the individual or, if the individual is a child, to the parent, guardian, or person in loco parentis of the child: (1) notification that the immunizing agent was derived from aborted fetal tissue; (2) if an immunizing agent that is not an immunizing agent derived from aborted fetal tissue is available as an alternative to an immunizing agent derived from aborted fetal tissue, an offer of the alternative; and (3) notification of the option to decline the receipt of the immunizing agent. Effective immediately.
 
HB344 - Bennett - Creates the Authorized Electronic Monitoring in Community-Integrated Living Arrangements and Developmental Disability Facilities Act. Provides that under certain conditions, a resident of a living arrangement certified under the Community-Integrated Living Arrangements Licensure and Certification Act and a resident of a developmental disability facility shall be permitted to use an audio and video surveillance system in his or her room at his or her own expense. Requires the electronic monitoring device to be placed in a conspicuously visible location in the room. Requires the Department of Human Services to establish a program to distribute specified funds each year for the purchase and installation of electronic monitoring devices. Establishes criminal penalties for a person or entity that knowingly hampers, obstructs, tampers with, or destroys an electronic monitoring device. Contains provisions concerning: resident and roommate consent to monitoring; notice of electronic monitoring to the staff and visitors; limitations on the staff's access to recordings; the admissibility of recordings in civil, criminal, and administrative actions; staff reporting; liability; and rulemaking. Makes other changes. Amends the Community-Integrated Living Arrangements Licensure and Certification Act and Mental Health and Developmental Disabilities Code to make conforming changes. Provides that it is a business offense for a person to discriminate or retaliate against a resident for consenting to the electronic monitoring, or to prevent the installation or use of an electronic monitoring device by a resident who has provided specified notice and consent. Makes other changes. Effective January 1, 2020.
 
House Elementary & Secondary Education: School Curriculum & Policies Committee
8:30 am
Location: Room 114 Capitol
 
HB191 - Ford - Requires metal detectors at all hospital entrances (among other entities). The Chamber is opposed.
 
House Mental Health Committee
9:30 am
Location: Room 118 Capitol
 
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.
 
HB907 - Connor - Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Directs the Department to create and maintain an online database and resource page on its website. Provides that the page shall contain mental health resources specifically geared towards school counselors, parents, and teachers with the goal of connecting those people with mental health resources related to bullying and school shootings and encouraging information sharing among educational administrators, school security personnel, and school resource officers. Effective immediately.
 
HB908 - Carroll - Creates the Higher Education Mental Health Act. Provides for legislative findings and purposes. Requires the Board of Higher Education to establish the Advisory Commission on Serving and Supporting Students with Mental Health Disabilities in Institutions of Higher Education; provides for the membership and meetings of the Commission. Requires the Commission to conduct a study and prepare reports for the Higher Education Committee of the House of Representatives and the Higher Education Committee of the Senate; specifies the report's requirements. Provides that the Commission is dissolved on the day after it submits its final report. Repeals the Act on June 1, 2023.
 
JCAR Update
There was one new proposed healthcare-related rule since our last update.
 
The Department of Insurance proposed amendments to Construction and Filing of Accident and Health Insurance Policy Forms (50 IAC 2001; 43 Ill Reg 1468) removing obsolete references to the Illinois Health Care Reform Implementation Council, which was abolished in 2018, and updating incorporations of the documents that establish essential health benefits for plan years 2017-2019 and plan years on and after 2020.

Second Annual Women in Business Conference
The Illinois Chamber of Commerce is hosting its second Women in Business conference on March 15
th , 2019 at Pinstripes in Oak Brook, IL. The event will bring together business leaders from across the State to encourage women to invest in themselves, become courageous leaders, and be a force in their careers.
 
Our panel topics this year focus on practices to better diversify corporations and understanding why diversity brings more business success; individual communication tactics to send a message of confidence; and learning from proven influencers on the skills that can help you get to where you want to be professionally. These panels will be capped with keynote addresses by inspiring speakers to embolden attendees to blaze their own path. The event will end with a networking and social event.
 
For more information, the agenda, sponsorship information, and how to registervisit the conference website!





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