093_HB2268eng HB2268 Engrossed LRB093 06262 JLS 10988 b 1 AN ACT to create the Health Care Justice Act. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Health Care Justice Act. 6 Section 5. Legislative findings. The General Assembly 7 recognizes that an estimated 1,800,000 Illinoisans are 8 without health insurance, a growing number of Illinoisans are 9 under-insured, the consumer's share of the cost of health 10 insurance is growing, coverage in benefit packages is 11 decreasing, and record numbers of consumer complaints are 12 lodged against managed care companies regarding access to 13 necessary health care services. The General Assembly 14 believes that the State must work to assure access to quality 15 health care for all residents of Illinois, and at the same 16 time, the State must contain health care costs while 17 maintaining and improving the quality of health care. The 18 General Assembly finds that community-based primary health 19 care services provided by a wide range of qualified health 20 care providers is the most effective way to achieve the 21 health and well-being of residents of Illinois. 22 Section 10. Policy. It is the policy of the State of 23 Illinois to insure that all residents have access to quality 24 health care at costs that are affordable. 25 Section 15. Health care access plan. On or before 26 January 1, 2007, the State of Illinois shall implement a 27 health care access plan that does the following: 28 (1) provides access to a full range of preventive, 29 acute, and long-term health care services; HB2268 Engrossed -2- LRB093 06262 JLS 10988 b 1 (2) maintains and improves the quality of health 2 care services offered to Illinois residents; 3 (3) provides portability of coverage, regardless of 4 employment status; 5 (4) provides uniform benefits for all Illinois 6 residents; 7 (5) encourages regional and local consumer 8 participation in decisions about health care delivery, 9 financing, and provider supply; 10 (6) controls capital and overall expenditures; 11 (7) provides global budgeting for health care 12 providers; 13 (8) avoids unnecessary duplication in the 14 development and availability of health care facilities 15 and services; 16 (9) provides a mechanism for reviewing and 17 implementing multiple approaches to preventive medicine 18 based on new technologies; and 19 (10) implements comprehensive health planning tied 20 to a unified State health care budget. 21 Section 20. Bipartisan Health Care Reform Commission. 22 There is created a Bipartisan Health Care Reform Commission. 23 The Commission shall consist of 30 members including the 24 Director of the Department of Public Health or his designee, 25 the Director of the Department on Aging or his designee, the 26 Director of the Department of Public Aid or his designee, the 27 Director of the Department of Insurance or his designee, and 28 3 members from the Department of Human Services, including 29 the Secretary of Human Services or his designee, the Director 30 of the Division of Community Health and Prevention or his 31 designee, and the Director of the Division of Disability and 32 Behavioral Health Services, or his designee, all of whom 33 shall be ex-officio non-voting members. Voting members of HB2268 Engrossed -3- LRB093 06262 JLS 10988 b 1 the Commission shall include 2 members appointed by the 2 President of the Senate, 2 members appointed by the Minority 3 Leader of the Senate, 2 members appointed by the Speaker of 4 the House of Representatives, and 2 members appointed by the 5 Minority Leader of the House of Representatives. The 6 remaining 15 members shall be appointed by the Governor and 7 shall include health care consumers, advocates for health 8 care consumers, health care providers, health policy 9 analysts, representatives from organized labor, 10 representatives from the business community, economists, and 11 a representative from a statewide advocacy organization for 12 persons with disabilities. Physicians, nurses, social 13 workers, and health care administrators shall have 14 representation on the Commission. Appointment of members of 15 the Commission shall ensure proportional representation with 16 respect to geography, ethnicity, race, gender, and age. The 17 Commission shall have a chairman and a vice-chairman who 18 shall be elected by the voting members at the first meeting 19 of the Commission. The members of the Commission shall be 20 appointed within 90 days after the effective date of this 21 Act. The Departments of State government represented on the 22 Commission shall work cooperatively to provide administrative 23 support for the Commission. 24 Section 25. Public hearings and preliminary report. 25 (a) The Commission shall seek public input on the 26 development of the health care access plan by holding at 27 least 10 public hearings in different geographic locations in 28 the State, including urban, rural, suburban, and small city 29 sites between January 2, 2004, and September 1, 2004. The 30 Commission may also consult with health care providers, 31 health care consumers, and other appropriate individuals and 32 organizations to assist in the development of the health care 33 access plan. HB2268 Engrossed -4- LRB093 06262 JLS 10988 b 1 (b) Not later than April 1, 2004, the Illinois 2 Department of Public Health, using a public request for 3 proposals process, shall contract with an independent 4 research entity experienced in assessing health care reforms, 5 health care financing, and health care delivery models. The 6 research entity shall be required to review issues and 7 information from the public hearings described in this 8 Section and analyze various health care plan options. 9 (c) The research entity shall be required to submit a 10 report on the public hearings and an analysis of health care 11 plan options to the Department of Public Health no later than 12 February 1, 2005. Copies of the report shall be sent to the 13 members of the General Assembly, the Governor, and the 14 Commission. 15 Section 30. Public hearings and final report. Following 16 the submission of the report by the research entity, the 17 Commission shall hold 10 additional public hearings in 18 different geographic locations in the State, including urban, 19 rural, suburban, and small city sites to obtain public input 20 in the development of the final health care access plan. 21 These hearings shall be held between April 1, 2005 and 22 October 31, 2005. The Commission shall also ensure that 23 residents throughout the State of Illinois are informed about 24 the different plan proposals under consideration including 25 the content of each of the plan proposals and the impact each 26 may have on the quality and availability of health care in 27 Illinois. 28 No later than February 1, 2006, the Commission shall 29 submit its final report on the health care access plan to the 30 General Assembly and the Governor. The final report may 31 recommend more than one type of plan and alternative methods 32 of funding the plan. The final report by the Commission shall 33 make recommendations that shall be the basis for a health HB2268 Engrossed -5- LRB093 06262 JLS 10988 b 1 care access plan or plans that provide access to a full range 2 of preventive, acute, and long-term health care services to 3 residents of the State of Illinois by January 1, 2007, 4 including: 5 (1) an integrated system or systems of health care 6 delivery; 7 (2) incentives to be used to contain costs and 8 direct resources; 9 (3) uniform benefits that would be provided under 10 each type of plan; 11 (4) reimbursement mechanisms for health care 12 providers; 13 (5) administrative efficiencies; 14 (6) mechanisms for generating spending priorities 15 based on multidisciplinary standards of care established 16 by verifiable replicated research studies demonstrating 17 quality and cost effectiveness of interventions, 18 providers, and facilities; 19 (7) mechanisms for applying and implementing the 20 unified health care budget on a statewide basis to all 21 sectors of the health care system; 22 (8) methods for reducing the cost of prescription 23 drugs both as part of, and as separate from, the health 24 care access plan; 25 (9) appropriate reallocation of existing health 26 care resources; 27 (10) equitable financing of each proposal; and 28 (11) recommendations concerning the delivery of 29 long-term care services, including: 30 (A) those currently covered under Title XIX of 31 the Social Security Act; 32 (B) recommendations on potential cost sharing 33 arrangements for long-term care services and the 34 phasing in of such arrangements over time; HB2268 Engrossed -6- LRB093 06262 JLS 10988 b 1 (C) consideration of the potential for 2 utilizing informal care-giving by friends and family 3 members; 4 (D) recommendations on cost-containment 5 strategies for long-term care services; 6 (E) the possibility of using independent 7 financing for the provision of long-term care 8 services; and 9 (F) the projected cost to the State of 10 Illinois over the next 20 years if no changes were 11 made in the present system of delivering and paying 12 for long-term care services. 13 The final report shall also include findings from the 14 public hearings held by the Commission between April 1, 2005, 15 and October 31, 2005. In addition, the Commission shall 16 present in its final report the range of services that would 17 be available under each plan proposal if there were to be no 18 increase, beyond inflation, in the total gross health care 19 expenditures in Illinois as determined by the Commission for 20 the first year that the health care access plan would be in 21 effect. The plan proposals shall also address any 22 anticipated or actual changes in federal policies regarding 23 the availability and cost of health care and assess their 24 adequacy for achieving the goals of this Act. The Commission 25 shall consult with the Illinois Department on Aging in 26 developing its recommendations on long-term care services. 27 Section 35. Effective Date. This Act takes effect upon 28 becoming law.