Health Care Availability and Access Committee
Filed: 3/11/2008
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1 | AMENDMENT TO HOUSE BILL 4634
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2 | AMENDMENT NO. ______. Amend House Bill 4634 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Department of Public Aid Law of the
Civil | ||||||
5 | Administrative Code of Illinois is amended by adding Section | ||||||
6 | 2205-15 as follows: | ||||||
7 | (20 ILCS 2205/2205-15 new) | ||||||
8 | Sec. 2205-15. Prostate and testicular cancer diagnostic | ||||||
9 | evaluation and treatment program. | ||||||
10 | (a) Subject to appropriation, the Department of Healthcare | ||||||
11 | and Family Services shall establish a prostate and testicular | ||||||
12 | cancer diagnostic evaluation and treatment program. A person is | ||||||
13 | eligible for diagnostic evaluation and, if that evaluation is | ||||||
14 | positive for the respective cancer, treatment services under | ||||||
15 | the program if he meets all of the following conditions: |
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1 | (1) He has been screened for prostate or testicular | ||||||
2 | cancer in a manner approved by the Department, including, | ||||||
3 | but not limited to, by means of participation in the | ||||||
4 | screening program established under Section 2310-397 of | ||||||
5 | the Department of Public Health Powers and Duties Law of | ||||||
6 | the
Civil Administrative Code of Illinois. | ||||||
7 | (2) He continues to need that treatment. A person shall | ||||||
8 | be considered to need treatment if, in the opinion of his | ||||||
9 | treating physician licensed to practice medicine in all its | ||||||
10 | branches, he requires therapy directed toward cure or | ||||||
11 | palliation of prostate or testicular cancer, including | ||||||
12 | recurrent metastatic cancer that is a known or presumed | ||||||
13 | complication of prostate or testicular cancer and | ||||||
14 | complications resulting from the treatment modalities | ||||||
15 | themselves. Covered diagnostic evaluation shall include, | ||||||
16 | but is not limited to, initial and follow-up ultrasound | ||||||
17 | biopsies, pelvic CT Scans, bone scans, follow-up PSA | ||||||
18 | (Prostate Specific Antigen) testing, and DRE (Digital | ||||||
19 | Rectal Examination) as recommended by the treating | ||||||
20 | physician. | ||||||
21 | (3) He is uninsured for prostate or testicular cancer | ||||||
22 | diagnostic evaluation and treatment, that is, he does not | ||||||
23 | have creditable coverage, as defined under the Health | ||||||
24 | Insurance Portability and Accountability Act, for that | ||||||
25 | treatment. | ||||||
26 | (4) He meets the citizenship requirements set forth in |
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1 | 89 Ill. Adm. Code 120.310 and the residence requirements | ||||||
2 | set forth in 89 Ill. Adm. Code 120.311. | ||||||
3 | (5) He furnishes a Social Security number as described | ||||||
4 | in 89 Ill. Adm. Code 120.327. | ||||||
5 | (6) He cooperates in establishing his eligibility to | ||||||
6 | participate in the program as described in 89 Ill. Adm. | ||||||
7 | Code 120.308. | ||||||
8 | A person's assets are exempt from consideration in | ||||||
9 | determining his eligibility for diagnostic evaluation and | ||||||
10 | treatment services under this Section. | ||||||
11 | (b) Notwithstanding any other provision of law, the | ||||||
12 | Department of Healthcare and Family Services (i) does not have | ||||||
13 | a claim against the estate of a deceased recipient of | ||||||
14 | diagnostic evaluation or treatment services under this Section | ||||||
15 | or against the estate of a recipient's deceased spouse and (ii) | ||||||
16 | does not have a lien against any homestead property or other | ||||||
17 | legal or equitable real property interest owned by a recipient | ||||||
18 | of diagnostic evaluation or treatment services under this | ||||||
19 | Section. | ||||||
20 | (c) A person who enters a nursing facility for the purpose | ||||||
21 | of receiving services that qualify as treatment under this | ||||||
22 | Section must provide the Department with income information | ||||||
23 | sufficient to enable the Department to calculate a group care | ||||||
24 | credit as established in 89 Ill. Adm. Code 120.40 and 120.60. | ||||||
25 | (d) A person applying for or receiving diagnostic | ||||||
26 | evaluation and treatment services under this Section has the |
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1 | appeal rights described in 89 Ill. Adm. Code 102.80 through | ||||||
2 | 102.83 in the case of applicants for or recipients of | ||||||
3 | assistance under the Illinois Public Aid Code. | ||||||
4 | (e) Notwithstanding any other rulemaking authority that | ||||||
5 | may exist, neither the Governor nor any agency or agency head | ||||||
6 | under the jurisdiction of the Governor has any authority to | ||||||
7 | make or promulgate rules to implement or enforce the provisions | ||||||
8 | of this amendatory Act of the 95th General Assembly. If, | ||||||
9 | however, the Governor believes that rules are necessary to | ||||||
10 | implement or enforce the provisions of this amendatory Act of | ||||||
11 | the 95th General Assembly, the Governor may suggest rules to | ||||||
12 | the General Assembly by filing them with the Clerk of the House | ||||||
13 | and Secretary of the Senate and by requesting that the General | ||||||
14 | Assembly authorize such rulemaking by law, enact those | ||||||
15 | suggested rules into law, or take any other appropriate action | ||||||
16 | in the General Assembly's discretion. Nothing contained in this | ||||||
17 | amendatory Act of the 95th General Assembly shall be | ||||||
18 | interpreted to grant rulemaking authority under any other | ||||||
19 | Illinois statute where such authority is not otherwise | ||||||
20 | explicitly given. For the purposes of this amendatory Act of | ||||||
21 | the 95th General Assembly, "rules" is given the meaning | ||||||
22 | contained in Section 1-70 of the Illinois Administrative | ||||||
23 | Procedure Act, and "agency" and "agency head" are given the | ||||||
24 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
25 | Administrative Procedure Act to the extent that such | ||||||
26 | definitions apply to agencies or agency heads under the |
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1 | jurisdiction of the Governor. | ||||||
2 | Section 10. The Department of Public Health Powers and | ||||||
3 | Duties Law of the
Civil Administrative Code of Illinois is | ||||||
4 | amended by changing Section 2310-397 as follows:
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5 | (20 ILCS 2310/2310-397) (was 20 ILCS 2310/55.90)
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6 | Sec. 2310-397. Prostate and testicular cancer program.
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7 | (a) The Department, subject to appropriation or other
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8 | available funding, shall conduct a program to promote awareness | ||||||
9 | and early
detection of prostate and testicular cancer. The | ||||||
10 | program may include, but
need not be limited to:
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11 | (1) Dissemination of information regarding the | ||||||
12 | incidence of prostate and
testicular cancer, the risk | ||||||
13 | factors associated with prostate and testicular
cancer, | ||||||
14 | and the benefits of early detection and treatment.
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15 | (2) Promotion of information and counseling about | ||||||
16 | treatment options , including: identification of the | ||||||
17 | methods for the treatment of prostate and testicular cancer | ||||||
18 | that meet current clinical standards; information | ||||||
19 | concerning the advantages, disadvantages, and risks | ||||||
20 | associated with those treatment methods; and information | ||||||
21 | concerning the availability of public and private sources | ||||||
22 | of payment for diagnostic evaluation and the treatment of | ||||||
23 | prostate and testicular cancer .
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24 | (3) Establishment and promotion of referral services |
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1 | (including referrals for diagnostic evaluation and | ||||||
2 | treatment services) and screening
programs.
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3 | Beginning July 1, 2004, the program must include the | ||||||
4 | development and
dissemination, through print and broadcast | ||||||
5 | media, of public service
announcements that publicize the | ||||||
6 | importance of prostate and testicular cancer screening for
men | ||||||
7 | over age 40 .
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8 | (b) Subject to appropriation or other available funding,
a | ||||||
9 | Prostate and Testicular Cancer Screening Program shall be
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10 | established in the Department of Public Health.
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11 | (1) The Program shall apply to the following persons | ||||||
12 | and entities:
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13 | (A) uninsured and underinsured men over the age of | ||||||
14 | 40 who are at risk for prostate cancer, or younger men | ||||||
15 | upon the advice of a physician or upon the request of | ||||||
16 | the patient 50 years of age and older ;
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17 | (B) (blank); uninsured and underinsured
men | ||||||
18 | between 40 and 50 years of age who are at high
risk for | ||||||
19 | prostate cancer, upon the advice of a physician or upon | ||||||
20 | the
request of the patient; and
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21 | (B-5) uninsured and underinsured men 14 years of | ||||||
22 | age and older who are at risk for testicular cancer, or | ||||||
23 | younger men upon the advice of a physician or upon the | ||||||
24 | request of the patient; and
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25 | (C) non-profit organizations providing assistance | ||||||
26 | to persons described
in subparagraphs (A) and (B).
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1 | (2) Any entity funded by the Program shall coordinate | ||||||
2 | with other
local providers of prostate and testicular | ||||||
3 | cancer screening, diagnostic, follow-up,
education, and | ||||||
4 | advocacy services to avoid duplication of effort. Any
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5 | entity funded by the Program shall comply with any | ||||||
6 | applicable State
and federal standards regarding prostate | ||||||
7 | and testicular cancer screening.
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8 | (3) Administrative costs of the Department shall not | ||||||
9 | exceed 10%
of the funds allocated to the Program. Indirect | ||||||
10 | costs of the
entities funded by this Program shall not | ||||||
11 | exceed 12%. The
Department shall define "indirect costs" in | ||||||
12 | accordance with
applicable State and federal law.
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13 | (4) Any entity funded by the Program shall collect data | ||||||
14 | and
maintain records that are determined by the Department | ||||||
15 | to be
necessary to facilitate the Department's ability to | ||||||
16 | monitor and
evaluate the effectiveness of the entities and | ||||||
17 | the Program.
Commencing with the Program's second year of | ||||||
18 | operation, the
Department shall submit an Annual Report to | ||||||
19 | the General Assembly and
the Governor. The report shall | ||||||
20 | describe the activities
and effectiveness of the Program | ||||||
21 | and shall include, but not be
limited to, the following | ||||||
22 | types of information regarding those served
by the Program:
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23 | (A) the number;
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24 | (B) the ethnic, geographic, and age breakdown;
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25 | (C) the stages of presentation; and
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26 | (D) the diagnostic and treatment status.
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1 | (5) The Department or any entity funded by the Program | ||||||
2 | shall
collect personal and medical information necessary | ||||||
3 | to administer the
Program from any individual applying for | ||||||
4 | services under the Program.
The information shall be | ||||||
5 | confidential and shall not be disclosed
other than for | ||||||
6 | purposes directly connected with the administration of
the | ||||||
7 | Program or except as otherwise provided by law or pursuant | ||||||
8 | to
prior written consent of the subject of the information.
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9 | (6) The Department or any entity funded by the program | ||||||
10 | may
disclose the confidential information to medical | ||||||
11 | personnel and fiscal
intermediaries of the State to the | ||||||
12 | extent necessary to administer
the Program, and to other | ||||||
13 | State public health agencies or medical
researchers if the | ||||||
14 | confidential information is necessary to carry out
the | ||||||
15 | duties of those agencies or researchers in the | ||||||
16 | investigation,
control, or surveillance of prostate and | ||||||
17 | testicular cancer.
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18 | (c) The Department shall adopt rules to implement the | ||||||
19 | Prostate and Testicular Cancer
Screening Program in accordance | ||||||
20 | with the Illinois Administrative
Procedure Act.
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21 | (d) Implementation of the changes made by this amendatory | ||||||
22 | Act of the 95th General Assembly is subject to appropriation. | ||||||
23 | (e) Notwithstanding any other rulemaking authority that | ||||||
24 | may exist, neither the Governor nor any agency or agency head | ||||||
25 | under the jurisdiction of the Governor has any authority to | ||||||
26 | make or promulgate rules to implement or enforce the provisions |
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1 | of this amendatory Act of the 95th General Assembly. If, | ||||||
2 | however, the Governor believes that rules are necessary to | ||||||
3 | implement or enforce the provisions of this amendatory Act of | ||||||
4 | the 95th General Assembly, the Governor may suggest rules to | ||||||
5 | the General Assembly by filing them with the Clerk of the House | ||||||
6 | and Secretary of the Senate and by requesting that the General | ||||||
7 | Assembly authorize such rulemaking by law, enact those | ||||||
8 | suggested rules into law, or take any other appropriate action | ||||||
9 | in the General Assembly's discretion. Nothing contained in this | ||||||
10 | amendatory Act of the 95th General Assembly shall be | ||||||
11 | interpreted to grant rulemaking authority under any other | ||||||
12 | Illinois statute where such authority is not otherwise | ||||||
13 | explicitly given. For the purposes of this amendatory Act of | ||||||
14 | the 95th General Assembly, "rules" is given the meaning | ||||||
15 | contained in Section 1-70 of the Illinois Administrative | ||||||
16 | Procedure Act, and "agency" and "agency head" are given the | ||||||
17 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
18 | Administrative Procedure Act to the extent that such | ||||||
19 | definitions apply to agencies or agency heads under the | ||||||
20 | jurisdiction of the Governor. | ||||||
21 | (Source: P.A. 92-16, eff. 6-28-01; 93-122, 1-1-04.)".
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