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1 | | over the consumption of
alcohol, and the use of alcohol despite |
2 | | adverse consequences. Typically,
combinations of the following |
3 | | tendencies are also present: periodic or chronic
intoxication; |
4 | | physical disability; impaired emotional, occupational or |
5 | | social
adjustment; tendency toward relapse; a detrimental |
6 | | effect on the individual,
his family and society; psychological |
7 | | dependence; and physical dependence.
Alcoholism is also known |
8 | | as addiction to alcohol. Alcoholism is described and
further |
9 | | categorized in clinical detail in the DSM and the ICD.
|
10 | | "Array of services" means assistance to individuals, |
11 | | families and communities
in response to alcohol or other drug |
12 | | abuse or dependency. The array of
services includes, but is not |
13 | | limited to: prevention assistance for communities
and schools; |
14 | | case finding, assessment and intervention to help individuals |
15 | | stop
abusing alcohol or other drugs; a uniform screening, |
16 | | assessment, and evaluation process including criteria for |
17 | | substance use disorders and mental disorders or co-occurring |
18 | | substance use and mental health disorders; case management; |
19 | | detoxification to aid
individuals in physically withdrawing |
20 | | from alcohol or other drugs; short-term
and long-term treatment |
21 | | and support services to help individuals and family
members |
22 | | begin the process of recovery; prescription and dispensing of |
23 | | the drug
methadone or other medications as an adjunct to |
24 | | treatment; relapse prevention
services; education and |
25 | | counseling for children or other co-dependents of
alcoholics or |
26 | | other drug abusers or addicts. For purposes of this Section, a |
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1 | | uniform screening, assessment, and evaluation process refers |
2 | | to a process that includes an appropriate evaluation and, as |
3 | | warranted, a referral. "Uniform" does not mean the use of a |
4 | | singular instrument, tool, or process that all must utilize.
|
5 | | "Case management" means those services which will assist |
6 | | individuals in
gaining access to needed social, educational, |
7 | | medical, treatment and other
services.
|
8 | | "Children of alcoholics or drug addicts or abusers of |
9 | | alcohol and other
drugs" means the minor or adult children of |
10 | | individuals who have abused or been
dependent upon alcohol or |
11 | | other drugs. These children may or may not become
dependent |
12 | | upon alcohol or other drugs themselves; however, they are |
13 | | physically,
psychologically, and behaviorally at high risk of |
14 | | developing the illness.
Children of alcoholics and other drug |
15 | | abusers experience emotional and other
problems, and benefit |
16 | | from prevention and treatment services provided by funded
and |
17 | | non-funded agencies licensed by the Department.
|
18 | | "Co-dependents" means individuals who are involved in the |
19 | | lives of and are
affected by people who are dependent upon |
20 | | alcohol and other drugs.
Co-dependents compulsively engage in |
21 | | behaviors that cause them to suffer
adverse physical, |
22 | | emotional, familial, social, behavioral, vocational, and
legal |
23 | | consequences as they attempt to cope with the alcohol or drug |
24 | | dependent
person. People who become co-dependents include |
25 | | spouses, parents, siblings,
and friends of alcohol or drug |
26 | | dependent people. Co-dependents benefit from
prevention and |
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1 | | treatment services provided by agencies licensed by the
|
2 | | Department.
|
3 | | "Controlled substance" means any substance or immediate |
4 | | precursor which is
enumerated in the schedules of Article II of |
5 | | the Illinois Controlled Substances
Act or the Cannabis Control |
6 | | Act.
|
7 | | "Crime of violence" means any of the following crimes: |
8 | | murder, voluntary
manslaughter, criminal sexual assault, |
9 | | aggravated criminal sexual assault,
predatory criminal sexual |
10 | | assault of a child,
armed robbery, robbery, arson, kidnapping, |
11 | | aggravated battery, aggravated
arson, or any
other felony which |
12 | | involves the use or threat of physical force or violence
|
13 | | against another individual.
|
14 | | "Department" means the Illinois Department of Human |
15 | | Services as successor to
the former Department of Alcoholism |
16 | | and Substance Abuse.
|
17 | | "Designated program" means a program designated by the |
18 | | Department to provide
services described in subsection (c) or |
19 | | (d) of Section 15-10 of this Act.
A
designated program's |
20 | | primary function is screening, assessing, referring and
|
21 | | tracking clients identified by the criminal justice system, and |
22 | | the program
agrees to apply statewide the standards, uniform |
23 | | criteria and procedures
established by the Department pursuant |
24 | | to such designation.
|
25 | | "Detoxification" means the process of allowing an |
26 | | individual to safely
withdraw from a drug in a controlled |
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1 | | environment.
|
2 | | "DSM" means the most current edition of the Diagnostic and |
3 | | Statistical
Manual of Mental Disorders.
|
4 | | "D.U.I." means driving under the influence of alcohol or |
5 | | other substances
which may cause impairment of driving ability.
|
6 | | "Facility" means the building or premises which are used |
7 | | for the provision
of licensable program services, including |
8 | | support services, as set forth by
rule.
|
9 | | "ICD" means the most current edition of the International |
10 | | Classification of
Diseases.
|
11 | | "Incapacitated" means that a person is unconscious or |
12 | | otherwise exhibits, by
overt behavior or by extreme physical |
13 | | debilitation, an inability to care for
his own needs or to |
14 | | recognize the obvious danger of his situation or to make
|
15 | | rational decisions with respect to his need for treatment.
|
16 | | "Intermediary person" means a person with expertise |
17 | | relative to addiction,
alcoholism, and the abuse of alcohol or |
18 | | other drugs who may be called on to
assist the police in |
19 | | carrying out enforcement or other activities with respect
to |
20 | | persons who abuse or are dependent on alcohol or other drugs.
|
21 | | "Intervention" means readily accessible activities which |
22 | | assist individuals
and their partners or family members in |
23 | | coping with the immediate problems of
alcohol and other drug |
24 | | abuse or dependency, and in reducing their alcohol and
other |
25 | | drug use. Intervention can facilitate emotional and social |
26 | | stability, and
involves referring people for further treatment |
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1 | | as needed.
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2 | | "Intoxicated person" means a person whose mental or |
3 | | physical functioning is
substantially impaired as a result of |
4 | | the current effects of alcohol or other
drugs within the body.
|
5 | | "Local advisory council" means an alcohol and substance |
6 | | abuse body
established in a county, township or community area, |
7 | | which represents public
and private entities having an interest |
8 | | in the prevention and treatment of
alcoholism or other drug |
9 | | abuse.
|
10 | | "Off-site services" means licensable program services or |
11 | | activities which are
conducted at a location separate from the |
12 | | primary service location of the
provider, and which services |
13 | | are operated by a program or entity licensed under
this Act.
|
14 | | "Person" means any individual, firm, group, association, |
15 | | partnership,
corporation, trust, government or governmental |
16 | | subdivision or agency.
|
17 | | "Prevention" means an interactive process of individuals, |
18 | | families, schools,
religious organizations, communities and |
19 | | regional, state and national
organizations to reduce |
20 | | alcoholism, prevent the use of illegal drugs and the
abuse of |
21 | | legal drugs by persons of all ages, prevent the use of alcohol |
22 | | by
minors, build the capacities of individuals and systems, and |
23 | | promote healthy
environments, lifestyles and behaviors.
|
24 | | "Program" means a licensable or fundable activity or |
25 | | service, or a
coordinated range of such activities or services, |
26 | | as the Department may
establish by rule.
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1 | | "Recovery" means the long-term, often life-long, process |
2 | | in which an addicted
person changes the way in which he makes |
3 | | decisions and establishes personal and
life priorities. The |
4 | | evolution of this decision-making and priority-setting
process |
5 | | is generally manifested by an obvious improvement in the |
6 | | individual's
life and lifestyle and by his overcoming the abuse |
7 | | of or
dependence on alcohol or other drugs. Recovery is also |
8 | | generally manifested by
prolonged periods of abstinence from |
9 | | addictive chemicals which are not
medically supervised. |
10 | | Recovery is the goal of treatment.
|
11 | | "Rehabilitation" means a process whereby those clinical |
12 | | services necessary
and appropriate for improving an |
13 | | individual's life and lifestyle and for
overcoming his or her |
14 | | abuse of or dependency upon alcohol or other drugs, or
both, |
15 | | are delivered in an appropriate setting and manner as defined |
16 | | in rules
established by the Department.
|
17 | | "Relapse" means a process which is manifested by a |
18 | | progressive pattern of
behavior that reactivates the symptoms |
19 | | of a disease or creates debilitating
conditions in an |
20 | | individual who has experienced remission from addiction or
|
21 | | alcoholism.
|
22 | | "Secretary" means the Secretary of Human Services or his or |
23 | | her designee.
|
24 | | "Substance abuse" or "abuse" means a pattern of use of |
25 | | alcohol or other drugs
with the potential of leading to |
26 | | immediate functional problems or to alcoholism
or other drug |
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1 | | dependency, or to the use of alcohol and/or other drugs solely
|
2 | | for purposes of intoxication. The term also means the use of |
3 | | illegal drugs by
persons of any age, and the use of alcohol by |
4 | | persons under the age of 21.
|
5 | | "Treatment" means the broad range of emergency, |
6 | | outpatient, intermediate
and residential services and care |
7 | | (including assessment, diagnosis, medical,
psychiatric, |
8 | | psychological and social services, care and counseling, and
|
9 | | aftercare) which may be extended to individuals who abuse or |
10 | | are dependent
on alcohol or other drugs or families of those |
11 | | persons.
|
12 | | (Source: P.A. 89-202, eff. 7-21-95; 89-428, eff. 12-13-95; |
13 | | 89-462, eff.
5-29-96; 89-507, eff. 7-1-97; 90-14, eff. 7-1-97; |
14 | | 90-135, eff. 7-22-97.)
|
15 | | Section 8. The Illinois Public Aid Code is amended by |
16 | | changing Section 5-5 as follows: |
17 | | (305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
|
18 | | Sec. 5-5. Medical services. The Illinois Department, by |
19 | | rule, shall
determine the quantity and quality of and the rate |
20 | | of reimbursement for the
medical assistance for which
payment |
21 | | will be authorized, and the medical services to be provided,
|
22 | | which may include all or part of the following: (1) inpatient |
23 | | hospital
services; (2) outpatient hospital services; (3) other |
24 | | laboratory and
X-ray services; (4) skilled nursing home |
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1 | | services; (5) physicians'
services whether furnished in the |
2 | | office, the patient's home, a
hospital, a skilled nursing home, |
3 | | or elsewhere; (6) medical care, or any
other type of remedial |
4 | | care furnished by licensed practitioners; (7)
home health care |
5 | | services; (8) private duty nursing service; (9) clinic
|
6 | | services; (10) dental services, including prevention and |
7 | | treatment of periodontal disease and dental caries disease for |
8 | | pregnant women, provided by an individual licensed to practice |
9 | | dentistry or dental surgery; for purposes of this item (10), |
10 | | "dental services" means diagnostic, preventive, or corrective |
11 | | procedures provided by or under the supervision of a dentist in |
12 | | the practice of his or her profession; (11) physical therapy |
13 | | and related
services; (12) prescribed drugs, dentures, and |
14 | | prosthetic devices; and
eyeglasses prescribed by a physician |
15 | | skilled in the diseases of the eye,
or by an optometrist, |
16 | | whichever the person may select; (13) other
diagnostic, |
17 | | screening, preventive, and rehabilitative services, including |
18 | | to ensure that the individual's need for intervention or |
19 | | treatment of mental disorders or substance use disorders or |
20 | | co-occurring mental health and substance use disorders is |
21 | | determined using a uniform screening, assessment, and |
22 | | evaluation process inclusive of criteria, for children and |
23 | | adults; for purposes of this item (13), a uniform screening, |
24 | | assessment, and evaluation process refers to a process that |
25 | | includes an appropriate evaluation and, as warranted, a |
26 | | referral; "uniform" does not mean the use of a singular |
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1 | | instrument, tool, or process that all must utilize; (14)
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2 | | transportation and such other expenses as may be necessary; |
3 | | (15) medical
treatment of sexual assault survivors, as defined |
4 | | in
Section 1a of the Sexual Assault Survivors Emergency |
5 | | Treatment Act, for
injuries sustained as a result of the sexual |
6 | | assault, including
examinations and laboratory tests to |
7 | | discover evidence which may be used in
criminal proceedings |
8 | | arising from the sexual assault; (16) the
diagnosis and |
9 | | treatment of sickle cell anemia; and (17)
any other medical |
10 | | care, and any other type of remedial care recognized
under the |
11 | | laws of this State, but not including abortions, or induced
|
12 | | miscarriages or premature births, unless, in the opinion of a |
13 | | physician,
such procedures are necessary for the preservation |
14 | | of the life of the
woman seeking such treatment, or except an |
15 | | induced premature birth
intended to produce a live viable child |
16 | | and such procedure is necessary
for the health of the mother or |
17 | | her unborn child. The Illinois Department,
by rule, shall |
18 | | prohibit any physician from providing medical assistance
to |
19 | | anyone eligible therefor under this Code where such physician |
20 | | has been
found guilty of performing an abortion procedure in a |
21 | | wilful and wanton
manner upon a woman who was not pregnant at |
22 | | the time such abortion
procedure was performed. The term "any |
23 | | other type of remedial care" shall
include nursing care and |
24 | | nursing home service for persons who rely on
treatment by |
25 | | spiritual means alone through prayer for healing.
|
26 | | Notwithstanding any other provision of this Section, a |
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1 | | comprehensive
tobacco use cessation program that includes |
2 | | purchasing prescription drugs or
prescription medical devices |
3 | | approved by the Food and Drug Administration shall
be covered |
4 | | under the medical assistance
program under this Article for |
5 | | persons who are otherwise eligible for
assistance under this |
6 | | Article.
|
7 | | Notwithstanding any other provision of this Code, the |
8 | | Illinois
Department may not require, as a condition of payment |
9 | | for any laboratory
test authorized under this Article, that a |
10 | | physician's handwritten signature
appear on the laboratory |
11 | | test order form. The Illinois Department may,
however, impose |
12 | | other appropriate requirements regarding laboratory test
order |
13 | | documentation.
|
14 | | The Department of Healthcare and Family Services shall |
15 | | provide the following services to
persons
eligible for |
16 | | assistance under this Article who are participating in
|
17 | | education, training or employment programs operated by the |
18 | | Department of Human
Services as successor to the Department of |
19 | | Public Aid:
|
20 | | (1) dental services provided by or under the |
21 | | supervision of a dentist; and
|
22 | | (2) eyeglasses prescribed by a physician skilled in the |
23 | | diseases of the
eye, or by an optometrist, whichever the |
24 | | person may select.
|
25 | | Notwithstanding any other provision of this Code and |
26 | | subject to federal approval, the Department may adopt rules to |
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1 | | allow a dentist who is volunteering his or her service at no |
2 | | cost to render dental services through an enrolled |
3 | | not-for-profit health clinic without the dentist personally |
4 | | enrolling as a participating provider in the medical assistance |
5 | | program. A not-for-profit health clinic shall include a public |
6 | | health clinic or Federally Qualified Health Center or other |
7 | | enrolled provider, as determined by the Department, through |
8 | | which dental services covered under this Section are performed. |
9 | | The Department shall establish a process for payment of claims |
10 | | for reimbursement for covered dental services rendered under |
11 | | this provision. |
12 | | The Illinois Department, by rule, may distinguish and |
13 | | classify the
medical services to be provided only in accordance |
14 | | with the classes of
persons designated in Section 5-2.
|
15 | | The Department of Healthcare and Family Services must |
16 | | provide coverage and reimbursement for amino acid-based |
17 | | elemental formulas, regardless of delivery method, for the |
18 | | diagnosis and treatment of (i) eosinophilic disorders and (ii) |
19 | | short bowel syndrome when the prescribing physician has issued |
20 | | a written order stating that the amino acid-based elemental |
21 | | formula is medically necessary.
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22 | | The Illinois Department shall authorize the provision of, |
23 | | and shall
authorize payment for, screening by low-dose |
24 | | mammography for the presence of
occult breast cancer for women |
25 | | 35 years of age or older who are eligible
for medical |
26 | | assistance under this Article, as follows: |
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1 | | (A) A baseline
mammogram for women 35 to 39 years of |
2 | | age.
|
3 | | (B) An annual mammogram for women 40 years of age or |
4 | | older. |
5 | | (C) A mammogram at the age and intervals considered |
6 | | medically necessary by the woman's health care provider for |
7 | | women under 40 years of age and having a family history of |
8 | | breast cancer, prior personal history of breast cancer, |
9 | | positive genetic testing, or other risk factors. |
10 | | (D) A comprehensive ultrasound screening of an entire |
11 | | breast or breasts if a mammogram demonstrates |
12 | | heterogeneous or dense breast tissue, when medically |
13 | | necessary as determined by a physician licensed to practice |
14 | | medicine in all of its branches. |
15 | | All screenings
shall
include a physical breast exam, |
16 | | instruction on self-examination and
information regarding the |
17 | | frequency of self-examination and its value as a
preventative |
18 | | tool. For purposes of this Section, "low-dose mammography" |
19 | | means
the x-ray examination of the breast using equipment |
20 | | dedicated specifically
for mammography, including the x-ray |
21 | | tube, filter, compression device,
and image receptor, with an |
22 | | average radiation exposure delivery
of less than one rad per |
23 | | breast for 2 views of an average size breast.
The term also |
24 | | includes digital mammography.
|
25 | | On and after January 1, 2012, providers participating in a |
26 | | quality improvement program approved by the Department shall be |
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1 | | reimbursed for screening and diagnostic mammography at the same |
2 | | rate as the Medicare program's rates, including the increased |
3 | | reimbursement for digital mammography. |
4 | | The Department shall convene an expert panel including |
5 | | representatives of hospitals, free-standing mammography |
6 | | facilities, and doctors, including radiologists, to establish |
7 | | quality standards. |
8 | | Subject to federal approval, the Department shall |
9 | | establish a rate methodology for mammography at federally |
10 | | qualified health centers and other encounter-rate clinics. |
11 | | These clinics or centers may also collaborate with other |
12 | | hospital-based mammography facilities. |
13 | | The Department shall establish a methodology to remind |
14 | | women who are age-appropriate for screening mammography, but |
15 | | who have not received a mammogram within the previous 18 |
16 | | months, of the importance and benefit of screening mammography. |
17 | | The Department shall establish a performance goal for |
18 | | primary care providers with respect to their female patients |
19 | | over age 40 receiving an annual mammogram. This performance |
20 | | goal shall be used to provide additional reimbursement in the |
21 | | form of a quality performance bonus to primary care providers |
22 | | who meet that goal. |
23 | | The Department shall devise a means of case-managing or |
24 | | patient navigation for beneficiaries diagnosed with breast |
25 | | cancer. This program shall initially operate as a pilot program |
26 | | in areas of the State with the highest incidence of mortality |
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1 | | related to breast cancer. At least one pilot program site shall |
2 | | be in the metropolitan Chicago area and at least one site shall |
3 | | be outside the metropolitan Chicago area. An evaluation of the |
4 | | pilot program shall be carried out measuring health outcomes |
5 | | and cost of care for those served by the pilot program compared |
6 | | to similarly situated patients who are not served by the pilot |
7 | | program. |
8 | | Any medical or health care provider shall immediately |
9 | | recommend, to
any pregnant woman who is being provided prenatal |
10 | | services and is suspected
of drug abuse or is addicted as |
11 | | defined in the Alcoholism and Other Drug Abuse
and Dependency |
12 | | Act, referral to a local substance abuse treatment provider
|
13 | | licensed by the Department of Human Services or to a licensed
|
14 | | hospital which provides substance abuse treatment services. |
15 | | The Department of Healthcare and Family Services
shall assure |
16 | | coverage for the cost of treatment of the drug abuse or
|
17 | | addiction for pregnant recipients in accordance with the |
18 | | Illinois Medicaid
Program in conjunction with the Department of |
19 | | Human Services.
|
20 | | All medical providers providing medical assistance to |
21 | | pregnant women
under this Code shall receive information from |
22 | | the Department on the
availability of services under the Drug |
23 | | Free Families with a Future or any
comparable program providing |
24 | | case management services for addicted women,
including |
25 | | information on appropriate referrals for other social services
|
26 | | that may be needed by addicted women in addition to treatment |
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1 | | for addiction.
|
2 | | The Illinois Department, in cooperation with the |
3 | | Departments of Human
Services (as successor to the Department |
4 | | of Alcoholism and Substance
Abuse) and Public Health, through a |
5 | | public awareness campaign, may
provide information concerning |
6 | | treatment for alcoholism and drug abuse and
addiction, prenatal |
7 | | health care, and other pertinent programs directed at
reducing |
8 | | the number of drug-affected infants born to recipients of |
9 | | medical
assistance.
|
10 | | Neither the Department of Healthcare and Family Services |
11 | | nor the Department of Human
Services shall sanction the |
12 | | recipient solely on the basis of
her substance abuse.
|
13 | | The Illinois Department shall establish such regulations |
14 | | governing
the dispensing of health services under this Article |
15 | | as it shall deem
appropriate. The Department
should
seek the |
16 | | advice of formal professional advisory committees appointed by
|
17 | | the Director of the Illinois Department for the purpose of |
18 | | providing regular
advice on policy and administrative matters, |
19 | | information dissemination and
educational activities for |
20 | | medical and health care providers, and
consistency in |
21 | | procedures to the Illinois Department.
|
22 | | Notwithstanding any other provision of law, a health care |
23 | | provider under the medical assistance program may elect, in |
24 | | lieu of receiving direct payment for services provided under |
25 | | that program, to participate in the State Employees Deferred |
26 | | Compensation Plan adopted under Article 24 of the Illinois |
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1 | | Pension Code. A health care provider who elects to participate |
2 | | in the plan does not have a cause of action against the State |
3 | | for any damages allegedly suffered by the provider as a result |
4 | | of any delay by the State in crediting the amount of any |
5 | | contribution to the provider's plan account. |
6 | | The Illinois Department may develop and contract with |
7 | | Partnerships of
medical providers to arrange medical services |
8 | | for persons eligible under
Section 5-2 of this Code. |
9 | | Implementation of this Section may be by
demonstration projects |
10 | | in certain geographic areas. The Partnership shall
be |
11 | | represented by a sponsor organization. The Department, by rule, |
12 | | shall
develop qualifications for sponsors of Partnerships. |
13 | | Nothing in this
Section shall be construed to require that the |
14 | | sponsor organization be a
medical organization.
|
15 | | The sponsor must negotiate formal written contracts with |
16 | | medical
providers for physician services, inpatient and |
17 | | outpatient hospital care,
home health services, treatment for |
18 | | alcoholism and substance abuse, and
other services determined |
19 | | necessary by the Illinois Department by rule for
delivery by |
20 | | Partnerships. Physician services must include prenatal and
|
21 | | obstetrical care. The Illinois Department shall reimburse |
22 | | medical services
delivered by Partnership providers to clients |
23 | | in target areas according to
provisions of this Article and the |
24 | | Illinois Health Finance Reform Act,
except that:
|
25 | | (1) Physicians participating in a Partnership and |
26 | | providing certain
services, which shall be determined by |
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1 | | the Illinois Department, to persons
in areas covered by the |
2 | | Partnership may receive an additional surcharge
for such |
3 | | services.
|
4 | | (2) The Department may elect to consider and negotiate |
5 | | financial
incentives to encourage the development of |
6 | | Partnerships and the efficient
delivery of medical care.
|
7 | | (3) Persons receiving medical services through |
8 | | Partnerships may receive
medical and case management |
9 | | services above the level usually offered
through the |
10 | | medical assistance program.
|
11 | | Medical providers shall be required to meet certain |
12 | | qualifications to
participate in Partnerships to ensure the |
13 | | delivery of high quality medical
services. These |
14 | | qualifications shall be determined by rule of the Illinois
|
15 | | Department and may be higher than qualifications for |
16 | | participation in the
medical assistance program. Partnership |
17 | | sponsors may prescribe reasonable
additional qualifications |
18 | | for participation by medical providers, only with
the prior |
19 | | written approval of the Illinois Department.
|
20 | | Nothing in this Section shall limit the free choice of |
21 | | practitioners,
hospitals, and other providers of medical |
22 | | services by clients.
In order to ensure patient freedom of |
23 | | choice, the Illinois Department shall
immediately promulgate |
24 | | all rules and take all other necessary actions so that
provided |
25 | | services may be accessed from therapeutically certified |
26 | | optometrists
to the full extent of the Illinois Optometric |
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1 | | Practice Act of 1987 without
discriminating between service |
2 | | providers.
|
3 | | The Department shall apply for a waiver from the United |
4 | | States Health
Care Financing Administration to allow for the |
5 | | implementation of
Partnerships under this Section.
|
6 | | The Illinois Department shall require health care |
7 | | providers to maintain
records that document the medical care |
8 | | and services provided to recipients
of Medical Assistance under |
9 | | this Article. Such records must be retained for a period of not |
10 | | less than 6 years from the date of service or as provided by |
11 | | applicable State law, whichever period is longer, except that |
12 | | if an audit is initiated within the required retention period |
13 | | then the records must be retained until the audit is completed |
14 | | and every exception is resolved. The Illinois Department shall
|
15 | | require health care providers to make available, when |
16 | | authorized by the
patient, in writing, the medical records in a |
17 | | timely fashion to other
health care providers who are treating |
18 | | or serving persons eligible for
Medical Assistance under this |
19 | | Article. All dispensers of medical services
shall be required |
20 | | to maintain and retain business and professional records
|
21 | | sufficient to fully and accurately document the nature, scope, |
22 | | details and
receipt of the health care provided to persons |
23 | | eligible for medical
assistance under this Code, in accordance |
24 | | with regulations promulgated by
the Illinois Department. The |
25 | | rules and regulations shall require that proof
of the receipt |
26 | | of prescription drugs, dentures, prosthetic devices and
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1 | | eyeglasses by eligible persons under this Section accompany |
2 | | each claim
for reimbursement submitted by the dispenser of such |
3 | | medical services.
No such claims for reimbursement shall be |
4 | | approved for payment by the Illinois
Department without such |
5 | | proof of receipt, unless the Illinois Department
shall have put |
6 | | into effect and shall be operating a system of post-payment
|
7 | | audit and review which shall, on a sampling basis, be deemed |
8 | | adequate by
the Illinois Department to assure that such drugs, |
9 | | dentures, prosthetic
devices and eyeglasses for which payment |
10 | | is being made are actually being
received by eligible |
11 | | recipients. Within 90 days after the effective date of
this |
12 | | amendatory Act of 1984, the Illinois Department shall establish |
13 | | a
current list of acquisition costs for all prosthetic devices |
14 | | and any
other items recognized as medical equipment and |
15 | | supplies reimbursable under
this Article and shall update such |
16 | | list on a quarterly basis, except that
the acquisition costs of |
17 | | all prescription drugs shall be updated no
less frequently than |
18 | | every 30 days as required by Section 5-5.12.
|
19 | | The rules and regulations of the Illinois Department shall |
20 | | require
that a written statement including the required opinion |
21 | | of a physician
shall accompany any claim for reimbursement for |
22 | | abortions, or induced
miscarriages or premature births. This |
23 | | statement shall indicate what
procedures were used in providing |
24 | | such medical services.
|
25 | | The Illinois Department shall require all dispensers of |
26 | | medical
services, other than an individual practitioner or |
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1 | | group of practitioners,
desiring to participate in the Medical |
2 | | Assistance program
established under this Article to disclose |
3 | | all financial, beneficial,
ownership, equity, surety or other |
4 | | interests in any and all firms,
corporations, partnerships, |
5 | | associations, business enterprises, joint
ventures, agencies, |
6 | | institutions or other legal entities providing any
form of |
7 | | health care services in this State under this Article.
|
8 | | The Illinois Department may require that all dispensers of |
9 | | medical
services desiring to participate in the medical |
10 | | assistance program
established under this Article disclose, |
11 | | under such terms and conditions as
the Illinois Department may |
12 | | by rule establish, all inquiries from clients
and attorneys |
13 | | regarding medical bills paid by the Illinois Department, which
|
14 | | inquiries could indicate potential existence of claims or liens |
15 | | for the
Illinois Department.
|
16 | | Enrollment of a vendor that provides non-emergency medical |
17 | | transportation,
defined by the Department by rule,
shall be
|
18 | | conditional for 180 days. During that time, the Department of |
19 | | Healthcare and Family Services may
terminate the vendor's |
20 | | eligibility to participate in the medical assistance
program |
21 | | without cause. That termination of eligibility is not subject |
22 | | to the
Department's hearing process.
|
23 | | The Illinois Department shall establish policies, |
24 | | procedures,
standards and criteria by rule for the acquisition, |
25 | | repair and replacement
of orthotic and prosthetic devices and |
26 | | durable medical equipment. Such
rules shall provide, but not be |
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1 | | limited to, the following services: (1)
immediate repair or |
2 | | replacement of such devices by recipients without
medical |
3 | | authorization; and (2) rental, lease, purchase or |
4 | | lease-purchase of
durable medical equipment in a |
5 | | cost-effective manner, taking into
consideration the |
6 | | recipient's medical prognosis, the extent of the
recipient's |
7 | | needs, and the requirements and costs for maintaining such
|
8 | | equipment. Such rules shall enable a recipient to temporarily |
9 | | acquire and
use alternative or substitute devices or equipment |
10 | | pending repairs or
replacements of any device or equipment |
11 | | previously authorized for such
recipient by the Department.
|
12 | | The Department shall execute, relative to the nursing home |
13 | | prescreening
project, written inter-agency agreements with the |
14 | | Department of Human
Services and the Department on Aging, to |
15 | | effect the following: (i) intake
procedures and common |
16 | | eligibility criteria for those persons who are receiving
|
17 | | non-institutional services; and (ii) the establishment and |
18 | | development of
non-institutional services in areas of the State |
19 | | where they are not currently
available or are undeveloped.
|
20 | | The Illinois Department shall develop and operate, in |
21 | | cooperation
with other State Departments and agencies and in |
22 | | compliance with
applicable federal laws and regulations, |
23 | | appropriate and effective
systems of health care evaluation and |
24 | | programs for monitoring of
utilization of health care services |
25 | | and facilities, as it affects
persons eligible for medical |
26 | | assistance under this Code.
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1 | | The Illinois Department shall report annually to the |
2 | | General Assembly,
no later than the second Friday in April of |
3 | | 1979 and each year
thereafter, in regard to:
|
4 | | (a) actual statistics and trends in utilization of |
5 | | medical services by
public aid recipients;
|
6 | | (b) actual statistics and trends in the provision of |
7 | | the various medical
services by medical vendors;
|
8 | | (c) current rate structures and proposed changes in |
9 | | those rate structures
for the various medical vendors; and
|
10 | | (d) efforts at utilization review and control by the |
11 | | Illinois Department.
|
12 | | The period covered by each report shall be the 3 years |
13 | | ending on the June
30 prior to the report. The report shall |
14 | | include suggested legislation
for consideration by the General |
15 | | Assembly. The filing of one copy of the
report with the |
16 | | Speaker, one copy with the Minority Leader and one copy
with |
17 | | the Clerk of the House of Representatives, one copy with the |
18 | | President,
one copy with the Minority Leader and one copy with |
19 | | the Secretary of the
Senate, one copy with the Legislative |
20 | | Research Unit, and such additional
copies
with the State |
21 | | Government Report Distribution Center for the General
Assembly |
22 | | as is required under paragraph (t) of Section 7 of the State
|
23 | | Library Act shall be deemed sufficient to comply with this |
24 | | Section.
|
25 | | Rulemaking authority to implement Public Act 95-1045, if |
26 | | any, is conditioned on the rules being adopted in accordance |
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1 | | with all provisions of the Illinois Administrative Procedure |
2 | | Act and all rules and procedures of the Joint Committee on |
3 | | Administrative Rules; any purported rule not so adopted, for |
4 | | whatever reason, is unauthorized. |
5 | | (Source: P.A. 96-156, eff. 1-1-10; 96-806, eff. 7-1-10; 96-926, |
6 | | eff. 1-1-11; 96-1000, eff. 7-2-10; 97-48, eff. 6-28-11; 97-638, |
7 | | eff. 1-1-12.) |
8 | | Section 10. The Community Services Act is amended by |
9 | | changing Section 2 as follows:
|
10 | | (405 ILCS 30/2) (from Ch. 91 1/2, par. 902)
|
11 | | Sec. 2. Community Services System. Services should be |
12 | | planned,
developed, delivered and evaluated as part of a |
13 | | comprehensive and
coordinated system. The Department of Human |
14 | | Services
shall encourage the establishment of services in each |
15 | | area of the State
which cover the services categories described |
16 | | below. What specific
services are provided under each service |
17 | | category shall be based on local
needs; special attention shall |
18 | | be given to unserved and underserved
populations, including |
19 | | children and youth, racial and ethnic minorities,
and the |
20 | | elderly. The service categories shall include:
|
21 | | (a) Prevention: services designed primarily to reduce the |
22 | | incidence
and ameliorate the severity of developmental |
23 | | disabilities, mental illness and
alcohol and drug dependence;
|
24 | | (b) Client Assessment and Diagnosis: services designed to |
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1 | | identify
persons with developmental disabilities, mental |
2 | | illness and alcohol and
drug dependency; to determine the |
3 | | extent of the disability and the level of
functioning; to |
4 | | ensure that the individual's need for treatment of mental |
5 | | disorders or substance use disorders or co-occurring substance |
6 | | use and mental health disorders is determined using a uniform |
7 | | screening, assessment, and evaluation process inclusive of |
8 | | criteria; for purposes of this subsection (b), a uniform |
9 | | screening, assessment, and evaluation process refers to a |
10 | | process that includes an appropriate evaluation and, as |
11 | | warranted, a referral; "uniform" does not mean the use of a |
12 | | singular instrument, tool, or process that all must utilize; |
13 | | information obtained through client evaluation can be used in
|
14 | | individual treatment and habilitation plans; to assure |
15 | | appropriate
placement and to assist in program evaluation;
|
16 | | (c) Case Coordination: services to provide information and |
17 | | assistance to
disabled persons to insure that they obtain |
18 | | needed services provided by the
private and public sectors; |
19 | | case coordination services should be available
to individuals |
20 | | whose functioning level or history of institutional
recidivism |
21 | | or long-term care indicate that such assistance is required for
|
22 | | successful community living;
|
23 | | (d) Crisis and Emergency: services to assist individuals |
24 | | and
their families through crisis periods, to stabilize |
25 | | individuals under stress
and to prevent unnecessary |
26 | | institutionalization;
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1 | | (e) Treatment, Habilitation and Support: services designed |
2 | | to help
individuals develop skills which promote independence |
3 | | and improved levels
of social and vocational functioning and |
4 | | personal growth; and to provide
non-treatment support services |
5 | | which are necessary for successful
community living;
|
6 | | (f) Community Residential Alternatives to Institutional |
7 | | Settings:
services to provide living arrangements for persons |
8 | | unable to live
independently; the level of supervision, |
9 | | services provided and length of
stay at community residential |
10 | | alternatives will vary by the type of program
and the needs and |
11 | | functioning level of the residents; other services may be
|
12 | | provided in a community residential alternative which promote |
13 | | the
acquisition of independent living skills and integration |
14 | | with the community.
|
15 | | (Source: P.A. 89-507, eff. 7-1-97.)
|
16 | | Section 99. Effective date. This Act takes effect upon |
17 | | becoming law.
|