Illinois General Assembly - Full Text of HB3585
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Full Text of HB3585  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/17/2023, by Rep. Tom Weber


New Act
215 ILCS 5/356z.4
225 ILCS 85/45 new
775 ILCS 55/1-40 new

    Creates the Long-Acting Reversible Contraception Information Act. Provides that the Department of Public Health shall create and allocate funding for an online learning module to promote postpartum and postabortion long-acting reversible contraception insertion. Provides that long-acting reversible contraception services and information may be provided by physicians to any minor over the age of 12 who meets specified qualifications. Provides that the Department shall provide printed materials, guidance, and information on how to obtain low-cost and no-cost contraceptives. Provides that the Department shall develop a long-acting reversible contraception promotion plan intended to reduce cases of neonatal abstinence syndrome and fetal substance exposure. Provides that the Department shall produce an annual report on the program. Provides that the Department shall adopt rules necessary to carry out the Act. Amends the Illinois Insurance Code. Provides that an individual or group policy of accident and health insurance shall also cover long-acting reversible contraception on the day of the abortion as long as the procedure is medically feasible. Amends the Pharmacy Practice Act. Provides that a pharmacist licensed under the Act who dispenses self-administered hormonal contraceptives shall provide the patient with information on the effectiveness and availability of intrauterine devices and implants. Amends the Reproductive Health Act. Provides that a health care professional shall provide information about intrauterine devices at the time that a health care professional performs an abortion.

LRB103 29391 CPF 55782 b





HB3585LRB103 29391 CPF 55782 b

1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Long-Acting Reversible Contraception Information Act.
6    Section 5. Definitions. As used in this Act:
7        "Department" means the Department of Public Health.
8        "Health care professional" means a person who is
9    licensed as a physician, advanced practice registered
10    nurse, or physician assistant.
11    Section 10. Internet learning module for long-acting
12reversible contraception. The Department shall create and
13allocate funding for an online learning module, for health
14care professionals, to promote postpartum and postabortion
15long-acting reversible contraception insertion. A health care
16professional who participates in this module may apply the
17hours toward some of the continuing education requirements for
18the health care professionals.
19    Section 15. Long-acting reversible contraception for
20minors. Long-acting reversible contraception services and
21information may be rendered by physicians licensed in the



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1State to practice medicine in all of its branches to any minor
2over the age of 12:
3        (1) who is married;
4        (2) who is a parent;
5        (3) who has the consent of the minor's parents or
6    legal guardian;
7        (4) who would face a serious health hazard if those
8    services were not provided; or
9        (5) who is referred for such services by a physician,
10    clergyman, or a planned parenthood agency.
11    Section 20. Guidance on low and no cost options of
12long-acting reversible contraception; long-acting reversible
13contraception promotion plan.
14    (a) The Department shall provide printed materials,
15guidance, and information on how to obtain low-cost and
16no-cost options for contraceptive promotion and long-acting
17reversible contraception to health care professionals.
18    (b) The Department shall develop a long-acting reversible
19contraception promotion plan to reduce cases of neonatal
20abstinence syndrome and fetal substance exposure. The
21Department shall produce an annual report on the program.
22    Section 25. Rulemaking. The Department shall adopt rules
23necessary to carry out this Act.



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1    Section 30. The Illinois Insurance Code is amended by
2changing Section 356z.4 as follows:
3    (215 ILCS 5/356z.4)
4    Sec. 356z.4. Coverage for contraceptives.
5    (a)(1) The General Assembly hereby finds and declares all
6of the following:
7        (A) Illinois has a long history of expanding timely
8    access to birth control to prevent unintended pregnancy.
9        (B) The federal Patient Protection and Affordable Care
10    Act includes a contraceptive coverage guarantee as part of
11    a broader requirement for health insurance to cover key
12    preventive care services without out-of-pocket costs for
13    patients.
14        (C) The General Assembly intends to build on existing
15    State and federal law to promote gender equity and women's
16    health and to ensure greater contraceptive coverage equity
17    and timely access to all federal Food and Drug
18    Administration approved methods of birth control for all
19    individuals covered by an individual or group health
20    insurance policy in Illinois.
21        (D) Medical management techniques such as denials,
22    step therapy, or prior authorization in public and private
23    health care coverage can impede access to the most
24    effective contraceptive methods.
25    (2) As used in this subsection (a):



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1    "Contraceptive services" includes consultations,
2examinations, procedures, and medical services related to the
3use of contraceptive methods (including natural family
4planning) to prevent an unintended pregnancy.
5    "Medical necessity", for the purposes of this subsection
6(a), includes, but is not limited to, considerations such as
7severity of side effects, differences in permanence and
8reversibility of contraceptive, and ability to adhere to the
9appropriate use of the item or service, as determined by the
10attending provider.
11    "Therapeutic equivalent version" means drugs, devices, or
12products that can be expected to have the same clinical effect
13and safety profile when administered to patients under the
14conditions specified in the labeling and satisfy the following
15general criteria:
16        (i) they are approved as safe and effective;
17        (ii) they are pharmaceutical equivalents in that they
18    (A) contain identical amounts of the same active drug
19    ingredient in the same dosage form and route of
20    administration and (B) meet compendial or other applicable
21    standards of strength, quality, purity, and identity;
22        (iii) they are bioequivalent in that (A) they do not
23    present a known or potential bioequivalence problem and
24    they meet an acceptable in vitro standard or (B) if they do
25    present such a known or potential problem, they are shown
26    to meet an appropriate bioequivalence standard;



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1        (iv) they are adequately labeled; and
2        (v) they are manufactured in compliance with Current
3    Good Manufacturing Practice regulations.
4    (3) An individual or group policy of accident and health
5insurance amended, delivered, issued, or renewed in this State
6after the effective date of this amendatory Act of the 99th
7General Assembly shall provide coverage for all of the
8following services and contraceptive methods:
9        (A) All contraceptive drugs, devices, and other
10    products approved by the United States Food and Drug
11    Administration. This includes all over-the-counter
12    contraceptive drugs, devices, and products approved by the
13    United States Food and Drug Administration, excluding male
14    condoms. This requirement includes long-acting reversible
15    contraception on the day of an abortion as long as the
16    procedure is medically feasible. The following apply:
17            (i) If the United States Food and Drug
18        Administration has approved one or more therapeutic
19        equivalent versions of a contraceptive drug, device,
20        or product, a policy is not required to include all
21        such therapeutic equivalent versions in its formulary,
22        so long as at least one is included and covered without
23        cost-sharing and in accordance with this Section.
24            (ii) If an individual's attending provider
25        recommends a particular service or item approved by
26        the United States Food and Drug Administration based



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1        on a determination of medical necessity with respect
2        to that individual, the plan or issuer must cover that
3        service or item without cost sharing. The plan or
4        issuer must defer to the determination of the
5        attending provider.
6            (iii) If a drug, device, or product is not
7        covered, plans and issuers must have an easily
8        accessible, transparent, and sufficiently expedient
9        process that is not unduly burdensome on the
10        individual or a provider or other individual acting as
11        a patient's authorized representative to ensure
12        coverage without cost sharing.
13            (iv) This coverage must provide for the dispensing
14        of 12 months' worth of contraception at one time.
15        (B) Voluntary sterilization procedures.
16        (C) Contraceptive services, patient education, and
17    counseling on contraception.
18        (D) Follow-up services related to the drugs, devices,
19    products, and procedures covered under this Section,
20    including, but not limited to, management of side effects,
21    counseling for continued adherence, and device insertion
22    and removal.
23    (4) Except as otherwise provided in this subsection (a), a
24policy subject to this subsection (a) shall not impose a
25deductible, coinsurance, copayment, or any other cost-sharing
26requirement on the coverage provided. The provisions of this



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1paragraph do not apply to coverage of voluntary male
2sterilization procedures to the extent such coverage would
3disqualify a high-deductible health plan from eligibility for
4a health savings account pursuant to the federal Internal
5Revenue Code, 26 U.S.C. 223.
6    (5) Except as otherwise authorized under this subsection
7(a), a policy shall not impose any restrictions or delays on
8the coverage required under this subsection (a).
9    (6) If, at any time, the Secretary of the United States
10Department of Health and Human Services, or its successor
11agency, promulgates rules or regulations to be published in
12the Federal Register or publishes a comment in the Federal
13Register or issues an opinion, guidance, or other action that
14would require the State, pursuant to any provision of the
15Patient Protection and Affordable Care Act (Public Law
16111-148), including, but not limited to, 42 U.S.C.
1718031(d)(3)(B) or any successor provision, to defray the cost
18of any coverage outlined in this subsection (a), then this
19subsection (a) is inoperative with respect to all coverage
20outlined in this subsection (a) other than that authorized
21under Section 1902 of the Social Security Act, 42 U.S.C.
221396a, and the State shall not assume any obligation for the
23cost of the coverage set forth in this subsection (a).
24    (b) This subsection (b) shall become operative if and only
25if subsection (a) becomes inoperative.
26    An individual or group policy of accident and health



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1insurance amended, delivered, issued, or renewed in this State
2after the date this subsection (b) becomes operative that
3provides coverage for outpatient services and outpatient
4prescription drugs or devices must provide coverage for the
5insured and any dependent of the insured covered by the policy
6for all outpatient contraceptive services and all outpatient
7contraceptive drugs and devices approved by the Food and Drug
8Administration. Coverage required under this Section may not
9impose any deductible, coinsurance, waiting period, or other
10cost-sharing or limitation that is greater than that required
11for any outpatient service or outpatient prescription drug or
12device otherwise covered by the policy.
13    Nothing in this subsection (b) shall be construed to
14require an insurance company to cover services related to
15permanent sterilization that requires a surgical procedure.
16    As used in this subsection (b), "outpatient contraceptive
17service" means consultations, examinations, procedures, and
18medical services, provided on an outpatient basis and related
19to the use of contraceptive methods (including natural family
20planning) to prevent an unintended pregnancy.
21    (c) (Blank).
22    (d) If a plan or issuer utilizes a network of providers,
23nothing in this Section shall be construed to require coverage
24or to prohibit the plan or issuer from imposing cost-sharing
25for items or services described in this Section that are
26provided or delivered by an out-of-network provider, unless



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1the plan or issuer does not have in its network a provider who
2is able to or is willing to provide the applicable items or
4(Source: P.A. 100-1102, eff. 1-1-19; 101-13, eff. 6-12-19.)
5    Section 35. The Pharmacy Practice Act is amended by adding
6Section 45 as follows:
7    (225 ILCS 85/45 new)
8    Sec. 45. Information on intrauterine devices and implants.
9A pharmacist licensed under this Act who dispenses
10self-administered hormonal contraceptives shall provide the
11patient with information on the effectiveness and availability
12of intrauterine devices and implants.
13    Section 40. The Reproductive Health Act is amended by
14adding Section 1-40 as follows:
15    (775 ILCS 55/1-40 new)
16    Sec. 1-40. Information provided at the time of abortion. A
17health care professional shall provide information about
18intrauterine devices at the time that a health care
19professional performs an abortion.