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


Good morning Healthcare Council. Bill introduction deadline was last week -and with that, means we are tracking more than 300 bills this session. If you aren't excited to view all the bills that were introduced, just click here to view what we flagged in the healthcare space last week. The Governor's budget address is this Wednesday which means both the House and Senate are in session starting tomorrow. On to the update!

 

Budget Address Preview
Facing what his administration says is a more than $3 billion budget shortfall for the next fiscal year, Gov. JB Pritzker will deliver his budget address on Wednesday. Details currently are light on what Gov. Pritzker will propose to close that gap, but so far his team has floated using proceeds from recreational marijuana, selling state assets and taxing e-cigarettes. What's not on the agenda? Raising income taxes, although the Governor has made it a priority to pass a progressive income tax, which would have to go to the voters in the form of a constitutional amendment.
 
What's obviously a concern for the Chamber is if the state were to use Rep. Greg Harris' HB272 (the 1 percent health insurance claims assessment) as a way to close the budget gap. Rumors are flying about if the tax will be included in a potential batch of revenue options as part of the budget address. The Chamber obviously opposes HB272, which would impact all non-federal health insurance plans in the state, including self-employed ERISA plans. According to the Kaiser Family Foundation, employer-provided healthcare premiums for a family have increased by more than 50 percent since 2008 - such an act would only make healthcare less affordable.
 
IEPA Shuts Down Sterigenics
In a major development impacting end users for medical products and drugs, the Illinois Environmental Protection Agency issued a Seal Order to prevent new sterilization cycles using ethylene oxide (EO). Prior to the order, last week Sen. John Curran introduced a series of bills that would place further restrictions on the use of EO, specifically SB1852, SB1853, and SB1854. Given that many medical devices can only be sterilized using ethylene oxide, there exists significant downstream repercussions regarding the ongoing restrictions of EO.
 
Committees Scheduled for the Week
Below is a list of healthcare-related bills posted for committee this week. As always, please let us know if you are taking a position on any of these bills, or any others.
 
Senate Public Health
Feb 19, 2019
1:00PM
Location: 400 Capitol Springfield, IL
 
SB43 - Koehler - SB 0043 (SCA 0001) Replaces everything after the enacting clause. Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services shall not require any resident of a nursing home licensed under the Nursing Home Care Act to enroll in or transition to the State's managed care medical assistance program, including any demonstration program operated by contract with the federal Centers for Medicare and Medicaid Services or its successor. Effective immediately
 
SB1165 - Steans - Amends the Behavioral Health Workforce Education Center Task Force Act. Provides that the Behavioral Health Education Center Task Force must recognize that the behavioral health workforce is comprised of a broad range of professions providing prevention, treatment, and rehabilitation services for mental health conditions and substance use disorders. Provides that to address workforce capacity issues that impact access to care, the Task Force must engage in extensive planning and data collection. Provides that because there is no central data repository that exists for Illinois' behavioral health workforce, the Task Force must identify a data set, which is a foundational step to analyzing and providing recommendations to the concepts presented in House Bill 5111, as introduced, of the 100th General Assembly. Requires the Task Force to submit its findings and recommendations to the General Assembly on or before December 31, 2019 (rather than on or before September 28, 2018). Effective immediately.
 
SB1214 - T. Cullerton  - 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.
 
SB1258 - Cunningham - Amends the Emergency Medical Services (EMS) Systems Act. Provides that covered vehicle service provider personnel who treat and either release or transport to a health care facility an individual experiencing a suspected or an actual opioid overdose shall document in the patient's care report the date and time of the overdose, the location in latitude and longitude where the overdose victim was initially encountered, whether one or more doses of an opioid overdose reversal drug was administered, and whether the overdose was fatal or nonfatal when the overdose victim was initially encountered and during the transportation of the victim to a health care facility. Provides that a covered vehicle service provider shall also provide the information to a specified mapping application. Provides that the information documented by a covered vehicle service provider shall not be used in an opioid use-related criminal investigation or prosecution of the individual treated by the covered vehicle service provider personnel. Exempts from civil or criminal liability all covered vehicle service providers and covered vehicle service provider personnel who report the information in good faith. Amends the State Mandates Act to require implementation without reimbursement by the State. Effective immediately.
 
SB1291 - Morrison - Amends the Ambulatory Surgical Treatment Center Act. Adds a provision allowing an applicant facility to receive a license if the physician, podiatric physician, or dentist that performs surgery at an applicant facility does not have surgery privileges with at least one Illinois hospital, so long as that physician, podiatric physician, or dentist is credentialed by the ambulatory surgical treatment center where the procedures are to be performed. Effective immediately.
 
SR55 - Bennett - METASTATIC BREAST CANCER DAY   
SR62 - T. Cullerton - SEXUAL ASSAULT AWARENESS MONTH        
SR63 - Hutchinson - INVESTIGATE MATERNAL MORTALITY
SR88 - Crowe - DPH-PAINKILLER GUIDELINES      
SJR16 - Hunter - BLACK HIV/AIDS AWARENESS DAY
 
House Insurance Committee
Feb 19, 2019
2:00PM
Location: Room 118 Capitol Building Springfield, IL
 
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.  As of Friday, Rep. Willis introduced a motion to table the legislation.
 
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.  The Chamber is opposed and stakeholders have already held one meeting with Rep. Morgan.  It is likely that this bill will move out of subcommittee this week.
 
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 is opposed to covering experimental treatments.
 
HB1639 - DeLuca - Amends the Illinois Insurance Code in an Article concerning accident and health insurance. Provides that "policy of individual or group accident and health insurance" does not include any coverage or policy that provides an excepted benefit, as defined in the federal Public Health Service Act. Provides that the amendatory Act does not apply to certain policies of insurance. Repeals provisions that state that specified provisions of the Article do not apply to short-term travel, disability income, long-term care, accident only, or limited or specified disease policies. Effective immediately.
 
Consumer Protection Committee
Feb 19, 2019
3:00PM
Location: Room 122B Capitol Building Springfield, IL
 
HB349 - Gong-Gershowitz - Creates the Drug and Sharps Waste Stewardship Act. Directs the Environmental Protection Agency to administer a drug and sharps waste stewardship program. Provides that the State Board of Pharmacy is to guide and advise the Agency in its administration of the program. Requires covered entities to provide lists of covered and not covered products to the State Board and to implement stewardship plans. Requires stewardship plans to be submitted to the Agency for review and acceptance. Requires that all counties have at least one collection site for unused drugs and sharps per 50,000 people, and no fewer than 5 such collection sites. Requires counties that do not have the necessary number of collection sites to establish a mail-back program, or alternative collection program for covered products, or both. Imposes an administrative fee on covered entities. Provides penalties for covered entities that fail to comply with the provisions of the Act. Creates the Drug and Sharps Stewardship Fund and the Drug and Sharps Stewardship Penalty Account within the Fund. Directs the Agency to post lists of compliant covered entities on its website. Exempts stewardship programs already in existence under local ordinances at the time the Act takes effect from the Act's provisions, but provides that those entities with programs that are not within the Act's purview are not to receive any monetary support from the Drug and Sharps Stewardship Fund or the Drug and Sharps Stewardship Penalty Account. Exempts confidential proprietary information from public disclosure by the Agency.
 
Health Care Availability & Accessibility Committee
Feb 19, 2019
3:00PM
Location: Room 115 Capitol Building Springfield, IL
 
HB345 - Lilly - Amends the Prevention of Tobacco Use by Minors and Sale and Distribution of Tobacco Products Act. Changes the name of the Act to the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act. Raises the age for whom tobacco products, electronic cigarettes, and alternative nicotine products may be sold to and possessed by from at least 18 years of age to at least 21 years of age. Defines "electronic cigarette". Repeals the Smokeless Tobacco Limitation Act. Amends various other Acts to make conforming changes. Effective July 1, 2019.
 
HR63 - McDermed - CANCER SCREEN WEEK       
 
Judiciary - Criminal Committee
Feb 19, 2019
3:00PM
Location: Room C-1 Stratton Building Springfield, IL
 
HB14 - Flowers - Amends the Sexual Assault Evidence Submission Act. Provides that the Department of State Police shall create and operate a statewide sexual assault evidence kit tracking system. Provides that on and after the effective date of the amendatory Act, each sexual assault evidence kit created shall have a tracking mechanism attached to the kit for input into the statewide sexual assault evidence kit tracking system. Provides that every sexual assault evidence kit shall have the tracking mechanism attached to the kit for input into the statewide sexual assault evidence kit tracking system on or before January 1, 2020. Provides that the statewide sexual assault evidence kit tracking system shall: (1) track the location and status of sexual assault evidence kits throughout the criminal justice process, including the initial collection in examinations performed at medical facilities, receipt at local law enforcement agencies, and receipt and analysis at forensic laboratories; (2) allow medical facilities performing sexual assault forensic examinations, law enforcement agencies, prosecutors, State and local crime laboratories, and other entities who have physical custody of sexual assault evidence kits to update and track the status and location of sexual assault evidence kits; (3) allow victims of sexual assault to anonymously track and receive updates regarding the status of their sexual assault evidence kits; and (4) use technology to allow continuous access for appropriate personnel. Effective July 1, 2019.
 
HB1440 - McDermed - Amends the Sexual Assault Evidence Submission Act. Provides that the State Police shall by rule establish a sexual assault evidence tracking system that conforms to the recommendations made by the Sexual Assault Evidence Tracking and Reporting Commission in its report dated June 26, 2018. Provides that the Department of State Police shall design the criteria for the sexual assault evidence tracking system so that, to the extent reasonably possible, the system can use existing technologies and products. Provides that the sexual assault evidence tracking system shall be operational no later than than one year after the effective date of the amendatory Act. Provides that a treatment hospital, a treatment hospital with approved pediatric transfer, an out-of-state hospital approved by the Department of Public Health to receive transfers of Illinois sexual assault survivors, or an approved pediatric health care facility must comply with rules relating to the collection and tracking of sexual assault evidence adopted by the Department of State Police. Provides for the operations of the sexual assault tracking system to be funded by appropriations from the State Crime Laboratory Fund, together with asset forfeiture and other funds appropriated by the General Assembly. Authorizes emergency rulemaking. Exempts information in the sexual assault evidence tracking system from disclosure under the Freedom of Information Act. Amends the Illinois Administrative Procedure Act, the Freedom of Information Act, the Sexual Assault Survivors Emergency Treatment Act, and the Unified Code of Corrections to make conforming changes. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
 
Senate Human Services
Feb 19, 2019
3:00PM
Location: 409 Capitol Springfield, IL
 
SB155 - Koehler - Amends the Early Intervention Services System Act. Redefines "physical or mental condition that typically results in developmental delay" to mean a diagnosed medical disorder bearing a relatively well known expectancy for developmental outcomes within varying ranges of developmental disabilities, including elevated blood lead levels, as defined by the Department of Public Health by rule, confirmed by a venous blood test (rather than a diagnosed medical disorder bearing a relatively well known expectancy for developmental outcomes within varying ranges of developmental disabilities).
 
SB187 - Villivalam - Amends the Illinois Act on the Aging. Expands the Community Care Program to provide services to all persons, regardless of age, who have Alzheimer's disease or a related disorder as defined under the Alzheimer's Disease Assistance Act.
 
SB242 - Manar - Amends the Rehabilitation of Persons with Disabilities Act. Provides that a home care consumer in the Department of Human Services' Home Services Program has the right and discretion to: (1) select and hire a personal assistant or other individual provider of his or her choice; and (2) determine the number of hours per week his or her personal assistant or other individual provider may work. Provides that, subject to the Department's authority to approve the total monthly hours in a home care consumer's service plan, no limitation shall be imposed on the number of hours per week a personal assistant or other individual provider may work unless the following conditions are satisfied: (A) as an exception to any limit imposed by the Department, a personal assistant or other individual provider may work and be paid for all hours worked up to at least 66 hours per week if the personal assistant or other individual provider works for a home care consumer who: (i) receives services under a court-ordered service plan; (ii) has a Determination of Need score of 70 or above; or (iii) has an exceptional care rate; (B) the Department shall establish an exceptions and appeals process that permits a home care consumer to request an exception to any limit imposed by the Department up to a maximum of no less than 66 hours per week; and (C) if the home care consumer would face a serious risk of institutionalization, the Department shall work with the home care consumer to ensure that appropriate care in the community will be provided, whether through authorized overtime or another solution. Provides that nothing shall limit the Department's authority under any other statute to disqualify an individual from providing services in the Department's Home Services Program for reasons other than the number of weekly hours worked by the individual.
 
SB1238 - Fine - Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires managed care organizations (MCOs) to publish, at least quarterly for the preceding quarter, on their websites: (1) the total number of claims received by the MCO; (2) the number and monetary amount of claims payments made to a service provider; (3) the dates of services rendered for the claims payments made under item (2); (4) the dates the claims were received by the MCO for the claims payments made under item (2); and (5) the dates on which claims payments under item (2) were released. Effective July 1, 2019.
 
SB1243 - Fine - Creates the Access to Basic Mental Health Information Act. Provides definitions for "mental health facility", "physician", and "recipient". Provides that specified individuals are entitled, upon request, to obtain certain information regarding a recipient in a mental health facility if the individual declares that he or she is involved in the recipient's care or paying for the recipient's care and the individual meets specified requirements. Provides that an individual requesting information must submit to the mental health facility specified information. Provides that a mental health facility is required to receive information relevant to the recipient's mental health treatment. Provides that if the recipient requests the mental health record from the mental health facility, any information that was tendered to the mental health facility under a promise of confidentiality may be withheld from the recipient if disclosure of the information would be reasonably likely to reveal the source of the mental health information. Provides that whenever access or modification is requested, the request, the grounds for its acceptance or denial, and any action taken thereon shall be noted in the recipient's record. Provides that a mental health facility and its employees or agents are not liable for any action under the Act unless the release was made deliberately or the release constituted gross negligence. Provides that nothing in the Act constitutes an infringement on an individual's right to obtain mental health records of the recipient if the individual has another right to the mental health records by law, regulation, or consent of the recipient. Provides that the Act shall be liberally construed to allow receipt of mental health information to individuals entitled to a recipient's information. Provides that the Act supersedes the Mental Health and Developmental Disabilities Code and any other law that would be viewed to limit the access of an individual to a recipient's mental health records to the extent necessary to give the Act full implementation.
 
SB1319 - Villivalam - Amends the Illinois Act on the Aging. Defines "greatest social need" for the purpose of a specified rule. Makes a conforming change. Amends the Assisted Living and Shared Housing Act. Prohibits unlawful discrimination by an owner, licensee, administrator, employee, or agent of an assisted living establishment of residents in assisted living establishments. Provides that unlawful discrimination does not include an action by an owner, licensee, administrator, employee, or agent that is required by the Act or rules adopted under the Act. Effective immediately.
 
SR99 - Morrison - TRAUMA-INFORMED AWARENESS DAY      A
 
Human Services Committee
Feb 20, 2019
8:30AM
Location: Room C-1 Stratton Building Springfield, IL
 
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.
 
HR11 - Stuart - DYSTONIA AWARENESS MONTH          
HR74 - Bristow - BREAST CANCER PROGRAM FUNDING         
HJR4 - Evans - NCI DESIGNATION-SUPPORT       
HJR23 - Evans - URGE CREATION OF CANCER CAUCUS          
 
Judiciary - Civil Committee
Feb 20, 2019
8:30AM
Location: Room D-1 Stratton Building Springfield, IL
 
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.
 
Elementary & Secondary Education: School Curriculum & Policies Committee
Feb 20, 2019
1:30PM
Location: Room 114 Capitol Building Springfield, IL
 
HB191 - Ford - Requires installation of metal detectors at all hospital entrances, among other buildings.  Chamber is opposed.
 
Health Care Licenses Committee
Feb 20, 2019
1:30PM
Location: Room 122B Capitol Building  Springfield, IL
 
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.
 
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.
 
Prescription Drug Affordability & Accessibility Committee
Feb 20, 2019
1:30PM
Location: Room 413 Stratton Building  Springfield, IL
 
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 - Sosnowski - 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.
 
HR58 - Stuart - DPH-PAINKILLER GUIDELINES   
 
Senate Licensed Activities
Feb 20, 2019
3:00PM
Location: 400 Capitol  Springfield, IL
 
SB132 - Hutchinson - Amends the Nurse Practice Act and the Medical Practice Act of 1987. Requires the Department of Financial and Professional Regulation to adopt rules to include implicit bias training in the continuing education requirements for licensees under the Acts. Defines "implicit bias". Effectively immediately.
 
SB167 - Anderson - Amends the Illinois Dental Practice Act. Defines "teledentistry". Makes changes concerning the requirements that must be met by a dental assistant before the dental assistant may replace, carve, and finish amalgam restorations, place, pack, and finish composite restorations, and place interim restorations. In provisions concerning the qualifications for a permit to administer anesthesia and sedation, requires the Department to ensure that the dentist has completed and maintains certification in advanced cardiac life support or pediatric advanced life support. In provisions concerning death or incapacitation of a dentist, provides that specified personnel may contract with another dentist or dentists to continue the operations of the deceased or incapacitated dentist's practice for a period of one year (rather than no more than one year) from the time of death or incapacitation or the dentist or until the practice is sold, whichever occurs first. Provides that if the practice is not sold within the initial one-year period, the contract may be extended for additional 12-month periods by the Department, but the extension shall not exceed 3 additional 12-month periods. Sets forth specified requirements for extension. Changes repeal and operative dates for various provisions of the Act. Makes other changes. Effective immediately.
 
 
SB1166 - Martinez - Amends the Civil Administrative Code of Illinois. Provides that, except as otherwise provided by law, no department shall deny an occupational or professional license based solely on the applicant's citizenship status or immigration status. Amends the Illinois Explosives Act to allow a person admitted for permanent residence to qualify for licensure. Amends the Illinois Plumbing License Law, the Water Well and Pump Installation Contractor's License Act, the Illinois Horse Meat Act, the Liquor Control Act of 1934, and the Safety Deposit License Act to remove references to United States citizenship as a prerequisite for licensure. Amends the Coal Mining Act to remove references to United States citizenship as a prerequisite and references to the ability to speak and understand the American Language. Makes other changes.
 
SB1220 - Jones - Amends the Medical Practice Act of 1987. Provides for the licensure of naturopathic physicians. Makes conforming changes in various other Acts. Effective immediately.
 
SB1221 - Jones - Amends the Regulatory Sunset Act. Extends the repeal of the Medical Practice Act of 1987 from December 31, 2019 to December 31, 2029. Effective immediately.
 
SJR14 - Martinez - HOME BIRTH CRISIS COMMITTEE
 
Senate Insurance
Feb 20, 2019
5:00PM
Location: 212 Capitol  Springfield, IL
 
SB1187 - Oberweis - Creates the Right to Shop Act. Requires a carrier offering a health plan to develop and implement a program that provides incentives for enrollees in a health plan who elect to receive a comparable health care service from a provider that collects less than the average in-network allowed amount paid by that carrier to a network provider for that comparable health care service. Provides how incentives may be calculated, distributed, and offered. Requires the carrier to file a description of the health care service incentive program with the Department of Insurance. Requires a carrier to establish an interactive mechanism on its website to enable an enrollee to request the estimated amount the carrier would pay to a network provider for a comparable health care service. Requires the Director of Central Management Services to conduct an analysis on the cost effectiveness of implementing an incentive-based program for current enrollees and retirees of the State group health benefits plan. Requires a program found to be cost effective to be implemented as part of the next open enrollment. Effective immediately. The Chamber is opposed.
 
SB1377 - Mulroe - Amends the Illinois Insurance Guaranty Fund Article of the Illinois Insurance Code. Provides that a "covered claim" does not include a claim for fines and penalties paid to government authorities. Provides that the board of directors of the Illinois Insurance Guaranty Fund has the authority to assess to pay off a loan necessary to pay covered claims. Provides that if the loan is projected to be outstanding for 3 years or more, the board of directors has the authority to increase the assessment to 3% of net direct written premiums for the previous year until the loan has been paid in full. Makes changes in provisions that specify conditions under which the Fund is bound by certain settlements, releases, compromises, waivers, and final judgments. Provides that the Fund may also take legal action to recover from insurers and insureds in certain circumstances. Provides that the Fund may bring an action against certain third-party representatives of an insolvent insurer to obtain custody and control of all claim information related to the insolvent company. Provides that any person recovering under the Article and any insured whose liabilities are satisfied under the Article shall be deemed to have assigned the person's or insured's rights under the policy to the Fund to the extent of his or her recovery or satisfaction obtained from the Fund's payments. Provides that the Fund may also pay certain workers' compensation claims or any other third-party claims covered by a policy of an insolvent company on behalf of a high net worth insured and may recover from the high net worth insured through any action necessary to collect the full amount to the Fund's reimbursement. Effective immediately.
 
Appropriations-Human Services Committee
Feb 21, 2019
8:30AM
Location: Room C-1 Stratton Building  Springfield, IL
 
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.
 
HB315 - McSweeney - Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to establish, by rule, minimum quality standards for providers of medical supplies, equipment, and related services applicable to contracted managed care organizations for all services rendered to MCO enrollees. Requires the minimum quality standards to be based upon recognized national standards promulgated by national bodies and by the Centers for Medicare and Medicaid Services. Requires the Department to set a rate of reimbursement payable by contracted managed care organizations to contracted, in-network providers of medical supplies, equipment, and related services at the default rate of reimbursement paid under the Illinois Medicaid fee-for-service program methodology for such medical supplies, equipment, and related services in effect as of June 30, 2017. Requires contracted managed care organizations to offer a reimbursement rate to contracted, in-network providers of medical supplies, equipment, and related services at not less than 90% of the default rate of reimbursement paid under the Illinois Medicaid fee-for-service program methodology, including all policy adjusters, for such medical supplies, equipment, and related services of similar quality. Provides that these provisions shall not be construed to allow the Department or its contracted MCOs to enter into sole source contracts for the provision of durable medical equipment, supplies, or related services to Medicaid beneficiaries and Medicaid managed care enrollees. Effective immediately.
 
HB365 - Jones - Amends the Emergency Medical Services (EMS) Systems Act. Provides that the Department of Public Health shall perform annual background checks of all licensees and notify licensees and related EMS System administrators of any convictions by a court of competent jurisdiction of (or entry of a plea of guilty or nolo contendere to) a Class X, Class 1, or Class 2 felony, or an out-of-State equivalent offense. Provides that the Department shall require all medical assisted transport providers to be licensed by the Department and establish staffing, licensing, safety, and training standards. Amends the Illinois Public Aid Code. Includes medical assisted transportation in the definition of "ambulance service". Provides rates of reimbursement and assistance for medical transport services. Amends the State Finance Act. Adds the Medical Assisted Transport Licensure Fund as a special fund. Makes other changes.
 
HB1603 - Kalish - Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services shall not require any resident of a nursing home licensed under the Nursing Home Care Act to enroll in or transition to the State's managed care medical assistance program, including any demonstration program operated by contract with the federal Centers for Medicare and Medicaid Services. Effective immediately.
 
HB1638 - Welch - Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to receive the approval of the General Assembly prior to applying for any waiver to reduce or eliminate the State's responsibility to provide emergency or non-emergency ambulance services to Medicaid beneficiaries. Effective immediately.
 
HB1654 - Crespo - Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to calculate the payout ratios reported by managed care organizations no less frequently than annually and to post these calculations on its website. Provides that the minimum payout ratio shall be 85% and that a managed care organization not meeting the 85% threshold must refund to the State, for each coverage year, an amount equal to the difference between the calculated payout ratio and 85% multiplied by coverage year revenue for that managed care organization. Requires the Department to exclusively use paid claims data submitted by managed care organizations in establishing managed care capitation rates. Provides that managed care organizations shall not be reimbursed by the State for any costs associated with health insurance fees. Provides that beginning July 1, 2019, in addition to any other payments made for inpatient Medicaid inpatient services, the Department must make the following add-on enhancement payments for each covered inpatient day for any patient covered by any medical assistance program administered by the Department: (i) for each general acute care hospital with a rate year 2017 Medicaid inpatient utilization rate equal to or greater than 47%, an additional $172 per inpatient day; (ii) for each hospital defined as a children's hospital under the Code with a rate year 2017 Medicaid inpatient utilization rate equal to or greater than 59%, an additional $200 per inpatient day; and (iii) for each critical access hospital, an additional $600 per inpatient day. Provides that the Department must require managed care organizations to make the same inpatient high-volume add-on enhancements for inpatient days of care. Effective July 1, 2019.
 
Mental Health Committee
Feb. 21, 2019
8:30 am
Location: Room 114 Capitol Building Springfield, IL
 
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 healthcare-related rule since our last update.
 
The DEPARTMENT OF HUMAN SERVICES proposed amendments to Centers for Independent Living (89 IAC 886; 43 Ill Reg 2196) updating the Part (last amended in 1998) to align with current State and federal laws, rules and guidelines. References to the federal Americans With Disabilities Act, the Illinois Accessibility Code, the Illinois Human Rights Act, and the Grant Accountability and Transparency Act (GATA) have been added, and various definitions have been added or updated. A Center for Independent Living (CIL) is defined as a consumer controlled, community-based, non-residential, private and nonprofit agency for individuals with significant disabilities, regardless of age or income. Core services to be provided by all CILs now include transitional services for persons moving from nursing homes or other institutions to home and community-based residences, as well as services for youth who are completing educational or training programs. Other provisions outline the role of the Designated State Entity (DSE) that oversees the federally approved State Plan for Independent Living (SPIL) in receiving applications for and distributing federal and State grants; require grant applicants to comply with GATA and federal grant fund requirements; and establish a compliance review process for grant recipients. Those affected by this rulemaking include small businesses or non-profits that serve as CILs.

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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