Full Text of HB5203 103rd General Assembly
HB5203 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB5203 Introduced 2/9/2024, by Rep. Brad Halbrook SYNOPSIS AS INTRODUCED: | | New Act | | 5 ILCS 375/6 | from Ch. 127, par. 526 | 5 ILCS 375/6.1 | from Ch. 127, par. 526.1 | 305 ILCS 5/5-5 | | 305 ILCS 5/5-8 | from Ch. 23, par. 5-8 | 305 ILCS 5/5-9 | from Ch. 23, par. 5-9 | 305 ILCS 5/6-1 | from Ch. 23, par. 6-1 | 410 ILCS 230/4-100 | from Ch. 111 1/2, par. 4604-100 |
| Creates the No Taxpayer Funding for Abortion Act. Provides that neither the State nor any of its subdivisions may authorize the use of, appropriate, or expend funds to pay for an abortion or to cover any part of the costs of a health plan that includes coverage of abortion or to provide or refer for an abortion, unless a woman who suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death if an abortion is not performed. Amends the State Employees Group Insurance Act of 1971 and the Illinois Public Aid Code. Excludes from the programs of health benefits and services authorized under those Acts coverage for elective abortions as provided in the No Taxpayer Funding for Abortion Act. Prohibits a physician who has been found guilty of performing an abortion procedure in a willful and wanton manner upon a woman who was not pregnant when the abortion procedure was performed from participating in the State's Medical Assistance Program. Provides that the Department of Healthcare and Family Services shall require a written statement, including the required opinion of a physician, to accompany a claim for reimbursement for abortions or induced miscarriages or premature births. Makes other changes. Amends the Problem Pregnancy Health Services and Care Act. Permits the Department of Human Services to make grants to nonprofit agencies and organizations that do not use those grants to refer or counsel for, or perform, abortions. Contains provisions regarding applicability and preempts home rule. Effective June 1, 2024. |
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| | A BILL FOR |
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| 1 | | AN ACT concerning abortion. | 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 No | 5 | | Taxpayer Funding for Abortion Act. | 6 | | Section 5. Public policy. It is the public policy of this | 7 | | State that the General Assembly of the State of Illinois does | 8 | | solemnly declare and find in reaffirmation of the longstanding | 9 | | policy of this State that the unborn child is a human being | 10 | | from the time of conception and has a right to life and, to the | 11 | | extent consistent with the United States Constitution, | 12 | | Illinois law should be interpreted to recognize that right to | 13 | | life and to protect unborn life. | 14 | | The General Assembly further declares and finds that, | 15 | | while the people of Illinois hold a variety of positions on the | 16 | | issue of abortion, they generally oppose the use of tax | 17 | | dollars to pay for elective abortions and support the federal | 18 | | Hyde Amendment, named after the late Henry J. Hyde, whose | 19 | | memory is revered and service celebrated as a Congressman from | 20 | | the great State of Illinois. This Act honors the strong | 21 | | beliefs of the people of Illinois by prohibiting the taxpayer | 22 | | funding of abortion in this State. |
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| 1 | | Section 10. Use of funds to pay for abortions prohibited; | 2 | | exceptions. Notwithstanding any other provision of law, | 3 | | neither the State nor any of its subdivisions may authorize | 4 | | the use of, appropriate, or expend any funds to pay for any | 5 | | abortion or to cover any part of the costs of any health plan | 6 | | that includes coverage of abortion or to provide or refer for | 7 | | any abortion, except in the case where a woman suffers from a | 8 | | physical disorder, physical injury, or physical illness that | 9 | | would, as certified by a physician, place the woman in danger | 10 | | of death unless an abortion is performed, including a | 11 | | life-endangering physical condition caused by or arising from | 12 | | the pregnancy itself, or in such other circumstances as | 13 | | required by federal law. | 14 | | Section 900. The State Employees Group Insurance Act of | 15 | | 1971 is amended by changing Sections 6 and 6.1 as follows: | 16 | | (5 ILCS 375/6) (from Ch. 127, par. 526) | 17 | | Sec. 6. Program of health benefits. | 18 | | (a) The program of health benefits shall provide for | 19 | | protection against the financial costs of health care expenses | 20 | | incurred in and out of hospital including basic | 21 | | hospital-surgical-medical coverages. The program may include, | 22 | | but shall not be limited to, such supplemental coverages as | 23 | | out-patient diagnostic X-ray and laboratory expenses, | 24 | | prescription drugs, dental services, hearing evaluations, |
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| 1 | | hearing aids, the dispensing and fitting of hearing aids, and | 2 | | similar group benefits as are now or may become available , | 3 | | except as provided in the No Taxpayer Funding for Abortion | 4 | | Act . The program may also include coverage for those who rely | 5 | | on treatment by prayer or spiritual means alone for healing in | 6 | | accordance with the tenets and practice of a recognized | 7 | | religious denomination. | 8 | | The program of health benefits shall be designed by the | 9 | | Director (1) to provide a reasonable relationship between the | 10 | | benefits to be included and the expected distribution of | 11 | | expenses of each such type to be incurred by the covered | 12 | | members and dependents, (2) to specify, as covered benefits | 13 | | and as optional benefits, the medical services of | 14 | | practitioners in all categories licensed under the Medical | 15 | | Practice Act of 1987, (3) to include reasonable controls, | 16 | | which may include deductible and co-insurance provisions, | 17 | | applicable to some or all of the benefits, or a coordination of | 18 | | benefits provision, to prevent or minimize unnecessary | 19 | | utilization of the various hospital, surgical and medical | 20 | | expenses to be provided and to provide reasonable assurance of | 21 | | stability of the program, and (4) to provide benefits to the | 22 | | extent possible to members throughout the State, wherever | 23 | | located, on an equitable basis. Notwithstanding any other | 24 | | provision of this Section or Act, for all members or | 25 | | dependents who are eligible for benefits under Social Security | 26 | | or the Railroad Retirement system or who had sufficient |
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| 1 | | Medicare-covered government employment, the Department shall | 2 | | reduce benefits which would otherwise be paid by Medicare, by | 3 | | the amount of benefits for which the member or dependents are | 4 | | eligible under Medicare, except that such reduction in | 5 | | benefits shall apply only to those members or dependents who | 6 | | (1) first become eligible for such medicare coverage on or | 7 | | after the effective date of this amendatory Act of 1992; or (2) | 8 | | are Medicare-eligible members or dependents of a local | 9 | | government unit which began participation in the program on or | 10 | | after July 1, 1992; or (3) remain eligible for but no longer | 11 | | receive Medicare coverage which they had been receiving on or | 12 | | after the effective date of this amendatory Act of 1992. | 13 | | Notwithstanding any other provisions of this Act, where a | 14 | | covered member or dependents are eligible for benefits under | 15 | | the federal Medicare health insurance program (Title XVIII of | 16 | | the Social Security Act as added by Public Law 89-97, 89th | 17 | | Congress), benefits paid under the State of Illinois program | 18 | | or plan will be reduced by the amount of benefits paid by | 19 | | Medicare. For members or dependents who are eligible for | 20 | | benefits under Social Security or the Railroad Retirement | 21 | | system or who had sufficient Medicare-covered government | 22 | | employment, benefits shall be reduced by the amount for which | 23 | | the member or dependent is eligible under Medicare, except | 24 | | that such reduction in benefits shall apply only to those | 25 | | members or dependents who (1) first become eligible for such | 26 | | Medicare coverage on or after the effective date of this |
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| 1 | | amendatory Act of 1992; or (2) are Medicare-eligible members | 2 | | or dependents of a local government unit which began | 3 | | participation in the program on or after July 1, 1992; or (3) | 4 | | remain eligible for, but no longer receive Medicare coverage | 5 | | which they had been receiving on or after the effective date of | 6 | | this amendatory Act of 1992. Premiums may be adjusted, where | 7 | | applicable, to an amount deemed by the Director to be | 8 | | reasonably consistent with any reduction of benefits. | 9 | | (b) A member, not otherwise covered by this Act, who has | 10 | | retired as a participating member under Article 2 of the | 11 | | Illinois Pension Code but is ineligible for the retirement | 12 | | annuity under Section 2-119 of the Illinois Pension Code, | 13 | | shall pay the premiums for coverage, not exceeding the amount | 14 | | paid by the State for the non-contributory coverage for other | 15 | | members, under the group health benefits program under this | 16 | | Act. The Director shall determine the premiums to be paid by a | 17 | | member under this subsection (b). | 18 | | (Source: P.A. 100-538, eff. 1-1-18 .) | 19 | | (5 ILCS 375/6.1) (from Ch. 127, par. 526.1) | 20 | | Sec. 6.1. The program of health benefits may offer as an | 21 | | alternative, available on an optional basis, coverage through | 22 | | health maintenance organizations or other managed care | 23 | | programs. That part of the premium for such coverage which is | 24 | | in excess of the amount which would otherwise be paid by the | 25 | | State for the program of health benefits shall be paid by the |
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| 1 | | member who elects such alternative coverage and shall be | 2 | | collected as provided for premiums for other optional | 3 | | coverages , except as provided in the No Taxpayer Funding for | 4 | | Abortion Act . | 5 | | (Source: P.A. 102-19, eff. 7-1-21.) | 6 | | Section 905. The Illinois Public Aid Code is amended by | 7 | | changing Sections 5-5, 5-8, 5-9, and 6-1 as follows: | 8 | | (305 ILCS 5/5-5) | 9 | | Sec. 5-5. Medical services. The Illinois Department, by | 10 | | rule, shall determine the quantity and quality of and the rate | 11 | | of reimbursement for the medical assistance for which payment | 12 | | will be authorized, and the medical services to be provided, | 13 | | which may include all or part of the following: (1) inpatient | 14 | | hospital services; (2) outpatient hospital services; (3) other | 15 | | laboratory and X-ray services; (4) skilled nursing home | 16 | | services; (5) physicians' services whether furnished in the | 17 | | office, the patient's home, a hospital, a skilled nursing | 18 | | home, or elsewhere; (6) medical care, or any other type of | 19 | | remedial care furnished by licensed practitioners; (7) home | 20 | | health care services; (8) private duty nursing service; (9) | 21 | | clinic services; (10) dental services, including prevention | 22 | | and treatment of periodontal disease and dental caries disease | 23 | | for pregnant individuals, provided by an individual licensed | 24 | | to practice dentistry or dental surgery; for purposes of this |
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| 1 | | item (10), "dental services" means diagnostic, preventive, or | 2 | | corrective procedures provided by or under the supervision of | 3 | | a dentist in the practice of his or her profession; (11) | 4 | | physical therapy and related services; (12) prescribed drugs, | 5 | | dentures, and prosthetic devices; and eyeglasses prescribed by | 6 | | a physician skilled in the diseases of the eye, or by an | 7 | | optometrist, whichever the person may select; (13) other | 8 | | diagnostic, screening, preventive, and rehabilitative | 9 | | services, including to ensure that the individual's need for | 10 | | intervention or treatment of mental disorders or substance use | 11 | | disorders or co-occurring mental health and substance use | 12 | | disorders is determined using a uniform screening, assessment, | 13 | | and evaluation process inclusive of criteria, for children and | 14 | | adults; for purposes of this item (13), a uniform screening, | 15 | | assessment, and evaluation process refers to a process that | 16 | | includes an appropriate evaluation and, as warranted, a | 17 | | referral; "uniform" does not mean the use of a singular | 18 | | instrument, tool, or process that all must utilize; (14) | 19 | | transportation and such other expenses as may be necessary; | 20 | | (15) medical treatment of sexual assault survivors, as defined | 21 | | in Section 1a of the Sexual Assault Survivors Emergency | 22 | | Treatment Act, for injuries sustained as a result of the | 23 | | sexual assault, including examinations and laboratory tests to | 24 | | discover evidence which may be used in criminal proceedings | 25 | | arising from the sexual assault; (16) the diagnosis and | 26 | | treatment of sickle cell anemia; (16.5) services performed by |
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| 1 | | a chiropractic physician licensed under the Medical Practice | 2 | | Act of 1987 and acting within the scope of his or her license, | 3 | | including, but not limited to, chiropractic manipulative | 4 | | treatment; and (17) any other medical care, and any other type | 5 | | of remedial care recognized under the laws of this State , | 6 | | except as provided in the No Taxpayer Funding for Abortion | 7 | | Act. The Illinois Department, by rule, shall prohibit any | 8 | | physician from providing medical assistance to anyone eligible | 9 | | therefor under this Code where such physician has been found | 10 | | guilty of performing an abortion procedure in a willful and | 11 | | wanton manner upon a woman who was not pregnant at the time | 12 | | such abortion procedure was performed . The term "any other | 13 | | type of remedial care" shall include nursing care and nursing | 14 | | home service for persons who rely on treatment by spiritual | 15 | | means alone through prayer for healing. | 16 | | Notwithstanding any other provision of this Section, a | 17 | | comprehensive tobacco use cessation program that includes | 18 | | purchasing prescription drugs or prescription medical devices | 19 | | approved by the Food and Drug Administration shall be covered | 20 | | under the medical assistance program under this Article for | 21 | | persons who are otherwise eligible for assistance under this | 22 | | Article. | 23 | | Notwithstanding any other provision of this Code, | 24 | | reproductive health care that is otherwise legal in Illinois | 25 | | shall be covered under the medical assistance program for | 26 | | persons who are otherwise eligible for medical assistance |
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| 1 | | under this Article , except as provided in the No Taxpayer | 2 | | Funding for Abortion Act . | 3 | | Notwithstanding any other provision of this Section, all | 4 | | tobacco cessation medications approved by the United States | 5 | | Food and Drug Administration and all individual and group | 6 | | tobacco cessation counseling services and telephone-based | 7 | | counseling services and tobacco cessation medications provided | 8 | | through the Illinois Tobacco Quitline shall be covered under | 9 | | the medical assistance program for persons who are otherwise | 10 | | eligible for assistance under this Article. The Department | 11 | | shall comply with all federal requirements necessary to obtain | 12 | | federal financial participation, as specified in 42 CFR | 13 | | 433.15(b)(7), for telephone-based counseling services provided | 14 | | through the Illinois Tobacco Quitline, including, but not | 15 | | limited to: (i) entering into a memorandum of understanding or | 16 | | interagency agreement with the Department of Public Health, as | 17 | | administrator of the Illinois Tobacco Quitline; and (ii) | 18 | | developing a cost allocation plan for Medicaid-allowable | 19 | | Illinois Tobacco Quitline services in accordance with 45 CFR | 20 | | 95.507. The Department shall submit the memorandum of | 21 | | understanding or interagency agreement, the cost allocation | 22 | | plan, and all other necessary documentation to the Centers for | 23 | | Medicare and Medicaid Services for review and approval. | 24 | | Coverage under this paragraph shall be contingent upon federal | 25 | | approval. | 26 | | Notwithstanding any other provision of this Code, the |
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| 1 | | Illinois Department may not require, as a condition of payment | 2 | | for any laboratory test authorized under this Article, that a | 3 | | physician's handwritten signature appear on the laboratory | 4 | | test order form. The Illinois Department may, however, impose | 5 | | other appropriate requirements regarding laboratory test order | 6 | | documentation. | 7 | | Upon receipt of federal approval of an amendment to the | 8 | | Illinois Title XIX State Plan for this purpose, the Department | 9 | | shall authorize the Chicago Public Schools (CPS) to procure a | 10 | | vendor or vendors to manufacture eyeglasses for individuals | 11 | | enrolled in a school within the CPS system. CPS shall ensure | 12 | | that its vendor or vendors are enrolled as providers in the | 13 | | medical assistance program and in any capitated Medicaid | 14 | | managed care entity (MCE) serving individuals enrolled in a | 15 | | school within the CPS system. Under any contract procured | 16 | | under this provision, the vendor or vendors must serve only | 17 | | individuals enrolled in a school within the CPS system. Claims | 18 | | for services provided by CPS's vendor or vendors to recipients | 19 | | of benefits in the medical assistance program under this Code, | 20 | | the Children's Health Insurance Program, or the Covering ALL | 21 | | KIDS Health Insurance Program shall be submitted to the | 22 | | Department or the MCE in which the individual is enrolled for | 23 | | payment and shall be reimbursed at the Department's or the | 24 | | MCE's established rates or rate methodologies for eyeglasses. | 25 | | On and after July 1, 2012, the Department of Healthcare | 26 | | and Family Services may provide the following services to |
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| 1 | | persons eligible for assistance under this Article who are | 2 | | participating in education, training or employment programs | 3 | | operated by the Department of Human Services as successor to | 4 | | the Department of Public Aid: | 5 | | (1) dental services provided by or under the | 6 | | supervision of a dentist; and | 7 | | (2) eyeglasses prescribed by a physician skilled in | 8 | | the diseases of the eye, or by an optometrist, whichever | 9 | | the person may select. | 10 | | On and after July 1, 2018, the Department of Healthcare | 11 | | and Family Services shall provide dental services to any adult | 12 | | who is otherwise eligible for assistance under the medical | 13 | | assistance program. As used in this paragraph, "dental | 14 | | services" means diagnostic, preventative, restorative, or | 15 | | corrective procedures, including procedures and services for | 16 | | the prevention and treatment of periodontal disease and dental | 17 | | caries disease, provided by an individual who is licensed to | 18 | | practice dentistry or dental surgery or who is under the | 19 | | supervision of a dentist in the practice of his or her | 20 | | profession. | 21 | | On and after July 1, 2018, targeted dental services, as | 22 | | set forth in Exhibit D of the Consent Decree entered by the | 23 | | United States District Court for the Northern District of | 24 | | Illinois, Eastern Division, in the matter of Memisovski v. | 25 | | Maram, Case No. 92 C 1982, that are provided to adults under | 26 | | the medical assistance program shall be established at no less |
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| 1 | | than the rates set forth in the "New Rate" column in Exhibit D | 2 | | of the Consent Decree for targeted dental services that are | 3 | | provided to persons under the age of 18 under the medical | 4 | | assistance program. | 5 | | Notwithstanding any other provision of this Code and | 6 | | subject to federal approval, the Department may adopt rules to | 7 | | allow a dentist who is volunteering his or her service at no | 8 | | cost to render dental services through an enrolled | 9 | | not-for-profit health clinic without the dentist personally | 10 | | enrolling as a participating provider in the medical | 11 | | assistance program. A not-for-profit health clinic shall | 12 | | include a public health clinic or Federally Qualified Health | 13 | | Center or other enrolled provider, as determined by the | 14 | | Department, through which dental services covered under this | 15 | | Section are performed. The Department shall establish a | 16 | | process for payment of claims for reimbursement for covered | 17 | | dental services rendered under this provision. | 18 | | On and after January 1, 2022, the Department of Healthcare | 19 | | and Family Services shall administer and regulate a | 20 | | school-based dental program that allows for the out-of-office | 21 | | delivery of preventative dental services in a school setting | 22 | | to children under 19 years of age. The Department shall | 23 | | establish, by rule, guidelines for participation by providers | 24 | | and set requirements for follow-up referral care based on the | 25 | | requirements established in the Dental Office Reference Manual | 26 | | published by the Department that establishes the requirements |
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| 1 | | for dentists participating in the All Kids Dental School | 2 | | Program. Every effort shall be made by the Department when | 3 | | developing the program requirements to consider the different | 4 | | geographic differences of both urban and rural areas of the | 5 | | State for initial treatment and necessary follow-up care. No | 6 | | provider shall be charged a fee by any unit of local government | 7 | | to participate in the school-based dental program administered | 8 | | by the Department. Nothing in this paragraph shall be | 9 | | construed to limit or preempt a home rule unit's or school | 10 | | district's authority to establish, change, or administer a | 11 | | school-based dental program in addition to, or independent of, | 12 | | the school-based dental program administered by the | 13 | | Department. | 14 | | The Illinois Department, by rule, may distinguish and | 15 | | classify the medical services to be provided only in | 16 | | accordance with the classes of persons designated in Section | 17 | | 5-2. | 18 | | The Department of Healthcare and Family Services must | 19 | | provide coverage and reimbursement for amino acid-based | 20 | | elemental formulas, regardless of delivery method, for the | 21 | | diagnosis and treatment of (i) eosinophilic disorders and (ii) | 22 | | short bowel syndrome when the prescribing physician has issued | 23 | | a written order stating that the amino acid-based elemental | 24 | | formula is medically necessary. | 25 | | The Illinois Department shall authorize the provision of, | 26 | | and shall authorize payment for, screening by low-dose |
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| 1 | | mammography for the presence of occult breast cancer for | 2 | | individuals 35 years of age or older who are eligible for | 3 | | medical assistance under this Article, as follows: | 4 | | (A) A baseline mammogram for individuals 35 to 39 | 5 | | years of age. | 6 | | (B) An annual mammogram for individuals 40 years of | 7 | | age or older. | 8 | | (C) A mammogram at the age and intervals considered | 9 | | medically necessary by the individual's health care | 10 | | provider for individuals under 40 years of age and having | 11 | | a family history of breast cancer, prior personal history | 12 | | of breast cancer, positive genetic testing, or other risk | 13 | | factors. | 14 | | (D) A comprehensive ultrasound screening and MRI of an | 15 | | entire breast or breasts if a mammogram demonstrates | 16 | | heterogeneous or dense breast tissue or when medically | 17 | | necessary as determined by a physician licensed to | 18 | | practice medicine in all of its branches. | 19 | | (E) A screening MRI when medically necessary, as | 20 | | determined by a physician licensed to practice medicine in | 21 | | all of its branches. | 22 | | (F) A diagnostic mammogram when medically necessary, | 23 | | as determined by a physician licensed to practice medicine | 24 | | in all its branches, advanced practice registered nurse, | 25 | | or physician assistant. | 26 | | The Department shall not impose a deductible, coinsurance, |
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| 1 | | copayment, or any other cost-sharing requirement on the | 2 | | coverage provided under this paragraph; except that this | 3 | | sentence does not apply to coverage of diagnostic mammograms | 4 | | to the extent such coverage would disqualify a high-deductible | 5 | | health plan from eligibility for a health savings account | 6 | | pursuant to Section 223 of the Internal Revenue Code (26 | 7 | | U.S.C. 223). | 8 | | All screenings shall include a physical breast exam, | 9 | | instruction on self-examination and information regarding the | 10 | | frequency of self-examination and its value as a preventative | 11 | | tool. | 12 | | For purposes of this Section: | 13 | | "Diagnostic mammogram" means a mammogram obtained using | 14 | | diagnostic mammography. | 15 | | "Diagnostic mammography" means a method of screening that | 16 | | is designed to evaluate an abnormality in a breast, including | 17 | | an abnormality seen or suspected on a screening mammogram or a | 18 | | subjective or objective abnormality otherwise detected in the | 19 | | breast. | 20 | | "Low-dose mammography" means the x-ray examination of the | 21 | | breast using equipment dedicated specifically for mammography, | 22 | | including the x-ray tube, filter, compression device, and | 23 | | image receptor, with an average radiation exposure delivery of | 24 | | less than one rad per breast for 2 views of an average size | 25 | | breast. The term also includes digital mammography and | 26 | | includes breast tomosynthesis. |
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| 1 | | "Breast tomosynthesis" means a radiologic procedure that | 2 | | involves the acquisition of projection images over the | 3 | | stationary breast to produce cross-sectional digital | 4 | | three-dimensional images of the breast. | 5 | | If, at any time, the Secretary of the United States | 6 | | Department of Health and Human Services, or its successor | 7 | | agency, promulgates rules or regulations to be published in | 8 | | the Federal Register or publishes a comment in the Federal | 9 | | Register or issues an opinion, guidance, or other action that | 10 | | would require the State, pursuant to any provision of the | 11 | | Patient Protection and Affordable Care Act (Public Law | 12 | | 111-148), including, but not limited to, 42 U.S.C. | 13 | | 18031(d)(3)(B) or any successor provision, to defray the cost | 14 | | of any coverage for breast tomosynthesis outlined in this | 15 | | paragraph, then the requirement that an insurer cover breast | 16 | | tomosynthesis is inoperative other than any such coverage | 17 | | authorized under Section 1902 of the Social Security Act, 42 | 18 | | U.S.C. 1396a, and the State shall not assume any obligation | 19 | | for the cost of coverage for breast tomosynthesis set forth in | 20 | | this paragraph. | 21 | | On and after January 1, 2016, the Department shall ensure | 22 | | that all networks of care for adult clients of the Department | 23 | | include access to at least one breast imaging Center of | 24 | | Imaging Excellence as certified by the American College of | 25 | | Radiology. | 26 | | On and after January 1, 2012, providers participating in a |
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| 1 | | quality improvement program approved by the Department shall | 2 | | be reimbursed for screening and diagnostic mammography at the | 3 | | same rate as the Medicare program's rates, including the | 4 | | increased reimbursement for digital mammography and, after | 5 | | January 1, 2023 (the effective date of Public Act 102-1018), | 6 | | breast tomosynthesis. | 7 | | The Department shall convene an expert panel including | 8 | | representatives of hospitals, free-standing mammography | 9 | | facilities, and doctors, including radiologists, to establish | 10 | | quality standards for mammography. | 11 | | On and after January 1, 2017, providers participating in a | 12 | | breast cancer treatment quality improvement program approved | 13 | | by the Department shall be reimbursed for breast cancer | 14 | | treatment at a rate that is no lower than 95% of the Medicare | 15 | | program's rates for the data elements included in the breast | 16 | | cancer treatment quality program. | 17 | | The Department shall convene an expert panel, including | 18 | | representatives of hospitals, free-standing breast cancer | 19 | | treatment centers, breast cancer quality organizations, and | 20 | | doctors, including breast surgeons, reconstructive breast | 21 | | surgeons, oncologists, and primary care providers to establish | 22 | | quality standards for breast cancer treatment. | 23 | | Subject to federal approval, the Department shall | 24 | | establish a rate methodology for mammography at federally | 25 | | qualified health centers and other encounter-rate clinics. | 26 | | These clinics or centers may also collaborate with other |
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| 1 | | hospital-based mammography facilities. By January 1, 2016, the | 2 | | Department shall report to the General Assembly on the status | 3 | | of the provision set forth in this paragraph. | 4 | | The Department shall establish a methodology to remind | 5 | | individuals who are age-appropriate for screening mammography, | 6 | | but who have not received a mammogram within the previous 18 | 7 | | months, of the importance and benefit of screening | 8 | | mammography. The Department shall work with experts in breast | 9 | | cancer outreach and patient navigation to optimize these | 10 | | reminders and shall establish a methodology for evaluating | 11 | | their effectiveness and modifying the methodology based on the | 12 | | evaluation. | 13 | | The Department shall establish a performance goal for | 14 | | primary care providers with respect to their female patients | 15 | | over age 40 receiving an annual mammogram. This performance | 16 | | goal shall be used to provide additional reimbursement in the | 17 | | form of a quality performance bonus to primary care providers | 18 | | who meet that goal. | 19 | | The Department shall devise a means of case-managing or | 20 | | patient navigation for beneficiaries diagnosed with breast | 21 | | cancer. This program shall initially operate as a pilot | 22 | | program in areas of the State with the highest incidence of | 23 | | mortality related to breast cancer. At least one pilot program | 24 | | site shall be in the metropolitan Chicago area and at least one | 25 | | site shall be outside the metropolitan Chicago area. On or | 26 | | after July 1, 2016, the pilot program shall be expanded to |
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| 1 | | include one site in western Illinois, one site in southern | 2 | | Illinois, one site in central Illinois, and 4 sites within | 3 | | metropolitan Chicago. An evaluation of the pilot program shall | 4 | | be carried out measuring health outcomes and cost of care for | 5 | | those served by the pilot program compared to similarly | 6 | | situated patients who are not served by the pilot program. | 7 | | The Department shall require all networks of care to | 8 | | develop a means either internally or by contract with experts | 9 | | in navigation and community outreach to navigate cancer | 10 | | patients to comprehensive care in a timely fashion. The | 11 | | Department shall require all networks of care to include | 12 | | access for patients diagnosed with cancer to at least one | 13 | | academic commission on cancer-accredited cancer program as an | 14 | | in-network covered benefit. | 15 | | The Department shall provide coverage and reimbursement | 16 | | for a human papillomavirus (HPV) vaccine that is approved for | 17 | | marketing by the federal Food and Drug Administration for all | 18 | | persons between the ages of 9 and 45. Subject to federal | 19 | | approval, the Department shall provide coverage and | 20 | | reimbursement for a human papillomavirus (HPV) vaccine for | 21 | | persons of the age of 46 and above who have been diagnosed with | 22 | | cervical dysplasia with a high risk of recurrence or | 23 | | progression. The Department shall disallow any | 24 | | preauthorization requirements for the administration of the | 25 | | human papillomavirus (HPV) vaccine. | 26 | | On or after July 1, 2022, individuals who are otherwise |
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| 1 | | eligible for medical assistance under this Article shall | 2 | | receive coverage for perinatal depression screenings for the | 3 | | 12-month period beginning on the last day of their pregnancy. | 4 | | Medical assistance coverage under this paragraph shall be | 5 | | conditioned on the use of a screening instrument approved by | 6 | | the Department. | 7 | | Any medical or health care provider shall immediately | 8 | | recommend, to any pregnant individual who is being provided | 9 | | prenatal services and is suspected of having a substance use | 10 | | disorder as defined in the Substance Use Disorder Act, | 11 | | referral to a local substance use disorder treatment program | 12 | | licensed by the Department of Human Services or to a licensed | 13 | | hospital which provides substance abuse treatment services. | 14 | | The Department of Healthcare and Family Services shall assure | 15 | | coverage for the cost of treatment of the drug abuse or | 16 | | addiction for pregnant recipients in accordance with the | 17 | | Illinois Medicaid Program in conjunction with the Department | 18 | | of Human Services. | 19 | | All medical providers providing medical assistance to | 20 | | pregnant individuals under this Code shall receive information | 21 | | from the Department on the availability of services under any | 22 | | program providing case management services for addicted | 23 | | individuals, including information on appropriate referrals | 24 | | for other social services that may be needed by addicted | 25 | | individuals in addition to treatment for addiction. | 26 | | The Illinois Department, in cooperation with the |
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| 1 | | Departments of Human Services (as successor to the Department | 2 | | of Alcoholism and Substance Abuse) and Public Health, through | 3 | | a public awareness campaign, may provide information | 4 | | concerning treatment for alcoholism and drug abuse and | 5 | | addiction, prenatal health care, and other pertinent programs | 6 | | directed at reducing the number of drug-affected infants born | 7 | | to recipients of medical assistance. | 8 | | Neither the Department of Healthcare and Family Services | 9 | | nor the Department of Human Services shall sanction the | 10 | | recipient solely on the basis of the recipient's substance | 11 | | abuse. | 12 | | The Illinois Department shall establish such regulations | 13 | | governing the dispensing of health services under this Article | 14 | | as it shall deem appropriate. The Department should seek the | 15 | | advice of formal professional advisory committees appointed by | 16 | | the Director of the Illinois Department for the purpose of | 17 | | providing regular advice on policy and administrative matters, | 18 | | information dissemination and educational activities for | 19 | | medical and health care providers, and consistency in | 20 | | procedures to the Illinois Department. | 21 | | The Illinois Department may develop and contract with | 22 | | Partnerships of medical providers to arrange medical services | 23 | | for persons eligible under Section 5-2 of this Code. | 24 | | Implementation of this Section may be by demonstration | 25 | | projects in certain geographic areas. The Partnership shall be | 26 | | represented by a sponsor organization. The Department, by |
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| 1 | | rule, shall develop qualifications for sponsors of | 2 | | Partnerships. Nothing in this Section shall be construed to | 3 | | require that the sponsor organization be a medical | 4 | | organization. | 5 | | The sponsor must negotiate formal written contracts with | 6 | | medical providers for physician services, inpatient and | 7 | | outpatient hospital care, home health services, treatment for | 8 | | alcoholism and substance abuse, and other services determined | 9 | | necessary by the Illinois Department by rule for delivery by | 10 | | Partnerships. Physician services must include prenatal and | 11 | | obstetrical care. The Illinois Department shall reimburse | 12 | | medical services delivered by Partnership providers to clients | 13 | | in target areas according to provisions of this Article and | 14 | | the Illinois Health Finance Reform Act, except that: | 15 | | (1) Physicians participating in a Partnership and | 16 | | providing certain services, which shall be determined by | 17 | | the Illinois Department, to persons in areas covered by | 18 | | the Partnership may receive an additional surcharge for | 19 | | such services. | 20 | | (2) The Department may elect to consider and negotiate | 21 | | financial incentives to encourage the development of | 22 | | Partnerships and the efficient delivery of medical care. | 23 | | (3) Persons receiving medical services through | 24 | | Partnerships may receive medical and case management | 25 | | services above the level usually offered through the | 26 | | medical assistance program. |
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| 1 | | Medical providers shall be required to meet certain | 2 | | qualifications to participate in Partnerships to ensure the | 3 | | delivery of high quality medical services. These | 4 | | qualifications shall be determined by rule of the Illinois | 5 | | Department and may be higher than qualifications for | 6 | | participation in the medical assistance program. Partnership | 7 | | sponsors may prescribe reasonable additional qualifications | 8 | | for participation by medical providers, only with the prior | 9 | | written approval of the Illinois Department. | 10 | | Nothing in this Section shall limit the free choice of | 11 | | practitioners, hospitals, and other providers of medical | 12 | | services by clients. In order to ensure patient freedom of | 13 | | choice, the Illinois Department shall immediately promulgate | 14 | | all rules and take all other necessary actions so that | 15 | | provided services may be accessed from therapeutically | 16 | | certified optometrists to the full extent of the Illinois | 17 | | Optometric Practice Act of 1987 without discriminating between | 18 | | service providers. | 19 | | The Department shall apply for a waiver from the United | 20 | | States Health Care Financing Administration to allow for the | 21 | | implementation of Partnerships under this Section. | 22 | | The Illinois Department shall require health care | 23 | | providers to maintain records that document the medical care | 24 | | and services provided to recipients of Medical Assistance | 25 | | under this Article. Such records must be retained for a period | 26 | | of not less than 6 years from the date of service or as |
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| 1 | | provided by applicable State law, whichever period is longer, | 2 | | except that if an audit is initiated within the required | 3 | | retention period then the records must be retained until the | 4 | | audit is completed and every exception is resolved. The | 5 | | Illinois Department shall require health care providers to | 6 | | make available, when authorized by the patient, in writing, | 7 | | the medical records in a timely fashion to other health care | 8 | | providers who are treating or serving persons eligible for | 9 | | Medical Assistance under this Article. All dispensers of | 10 | | medical services shall be required to maintain and retain | 11 | | business and professional records sufficient to fully and | 12 | | accurately document the nature, scope, details and receipt of | 13 | | the health care provided to persons eligible for medical | 14 | | assistance under this Code, in accordance with regulations | 15 | | promulgated by the Illinois Department. The rules and | 16 | | regulations shall require that proof of the receipt of | 17 | | prescription drugs, dentures, prosthetic devices and | 18 | | eyeglasses by eligible persons under this Section accompany | 19 | | each claim for reimbursement submitted by the dispenser of | 20 | | such medical services. No such claims for reimbursement shall | 21 | | be approved for payment by the Illinois Department without | 22 | | such proof of receipt, unless the Illinois Department shall | 23 | | have put into effect and shall be operating a system of | 24 | | post-payment audit and review which shall, on a sampling | 25 | | basis, be deemed adequate by the Illinois Department to assure | 26 | | that such drugs, dentures, prosthetic devices and eyeglasses |
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| 1 | | for which payment is being made are actually being received by | 2 | | eligible recipients. Within 90 days after September 16, 1984 | 3 | | (the effective date of Public Act 83-1439), the Illinois | 4 | | Department shall establish a current list of acquisition costs | 5 | | for all prosthetic devices and any other items recognized as | 6 | | medical equipment and supplies reimbursable under this Article | 7 | | and shall update such list on a quarterly basis, except that | 8 | | the acquisition costs of all prescription drugs shall be | 9 | | updated no less frequently than every 30 days as required by | 10 | | Section 5-5.12. | 11 | | The rules and regulations of the Illinois Department shall | 12 | | require that a written statement including the required | 13 | | opinion of a physician shall accompany any claim for | 14 | | reimbursement for abortions or induced miscarriages or | 15 | | premature births. This statement shall indicate what | 16 | | procedures were used in providing such medical services. | 17 | | Notwithstanding any other law to the contrary, the | 18 | | Illinois Department shall, within 365 days after July 22, 2013 | 19 | | (the effective date of Public Act 98-104), establish | 20 | | procedures to permit skilled care facilities licensed under | 21 | | the Nursing Home Care Act to submit monthly billing claims for | 22 | | reimbursement purposes. Following development of these | 23 | | procedures, the Department shall, by July 1, 2016, test the | 24 | | viability of the new system and implement any necessary | 25 | | operational or structural changes to its information | 26 | | technology platforms in order to allow for the direct |
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| 1 | | acceptance and payment of nursing home claims. | 2 | | Notwithstanding any other law to the contrary, the | 3 | | Illinois Department shall, within 365 days after August 15, | 4 | | 2014 (the effective date of Public Act 98-963), establish | 5 | | procedures to permit ID/DD facilities licensed under the ID/DD | 6 | | Community Care Act and MC/DD facilities licensed under the | 7 | | MC/DD Act to submit monthly billing claims for reimbursement | 8 | | purposes. Following development of these procedures, the | 9 | | Department shall have an additional 365 days to test the | 10 | | viability of the new system and to ensure that any necessary | 11 | | operational or structural changes to its information | 12 | | technology platforms are implemented. | 13 | | The Illinois Department shall require all dispensers of | 14 | | medical services, other than an individual practitioner or | 15 | | group of practitioners, desiring to participate in the Medical | 16 | | Assistance program established under this Article to disclose | 17 | | all financial, beneficial, ownership, equity, surety or other | 18 | | interests in any and all firms, corporations, partnerships, | 19 | | associations, business enterprises, joint ventures, agencies, | 20 | | institutions or other legal entities providing any form of | 21 | | health care services in this State under this Article. | 22 | | The Illinois Department may require that all dispensers of | 23 | | medical services desiring to participate in the medical | 24 | | assistance program established under this Article disclose, | 25 | | under such terms and conditions as the Illinois Department may | 26 | | by rule establish, all inquiries from clients and attorneys |
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| 1 | | regarding medical bills paid by the Illinois Department, which | 2 | | inquiries could indicate potential existence of claims or | 3 | | liens for the Illinois Department. | 4 | | Enrollment of a vendor shall be subject to a provisional | 5 | | period and shall be conditional for one year. During the | 6 | | period of conditional enrollment, the Department may terminate | 7 | | the vendor's eligibility to participate in, or may disenroll | 8 | | the vendor from, the medical assistance program without cause. | 9 | | Unless otherwise specified, such termination of eligibility or | 10 | | disenrollment is not subject to the Department's hearing | 11 | | process. However, a disenrolled vendor may reapply without | 12 | | penalty. | 13 | | The Department has the discretion to limit the conditional | 14 | | enrollment period for vendors based upon the category of risk | 15 | | of the vendor. | 16 | | Prior to enrollment and during the conditional enrollment | 17 | | period in the medical assistance program, all vendors shall be | 18 | | subject to enhanced oversight, screening, and review based on | 19 | | the risk of fraud, waste, and abuse that is posed by the | 20 | | category of risk of the vendor. The Illinois Department shall | 21 | | establish the procedures for oversight, screening, and review, | 22 | | which may include, but need not be limited to: criminal and | 23 | | financial background checks; fingerprinting; license, | 24 | | certification, and authorization verifications; unscheduled or | 25 | | unannounced site visits; database checks; prepayment audit | 26 | | reviews; audits; payment caps; payment suspensions; and other |
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| 1 | | screening as required by federal or State law. | 2 | | The Department shall define or specify the following: (i) | 3 | | by provider notice, the "category of risk of the vendor" for | 4 | | each type of vendor, which shall take into account the level of | 5 | | screening applicable to a particular category of vendor under | 6 | | federal law and regulations; (ii) by rule or provider notice, | 7 | | the maximum length of the conditional enrollment period for | 8 | | each category of risk of the vendor; and (iii) by rule, the | 9 | | hearing rights, if any, afforded to a vendor in each category | 10 | | of risk of the vendor that is terminated or disenrolled during | 11 | | the conditional enrollment period. | 12 | | To be eligible for payment consideration, a vendor's | 13 | | payment claim or bill, either as an initial claim or as a | 14 | | resubmitted claim following prior rejection, must be received | 15 | | by the Illinois Department, or its fiscal intermediary, no | 16 | | later than 180 days after the latest date on the claim on which | 17 | | medical goods or services were provided, with the following | 18 | | exceptions: | 19 | | (1) In the case of a provider whose enrollment is in | 20 | | process by the Illinois Department, the 180-day period | 21 | | shall not begin until the date on the written notice from | 22 | | the Illinois Department that the provider enrollment is | 23 | | complete. | 24 | | (2) In the case of errors attributable to the Illinois | 25 | | Department or any of its claims processing intermediaries | 26 | | which result in an inability to receive, process, or |
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| 1 | | adjudicate a claim, the 180-day period shall not begin | 2 | | until the provider has been notified of the error. | 3 | | (3) In the case of a provider for whom the Illinois | 4 | | Department initiates the monthly billing process. | 5 | | (4) In the case of a provider operated by a unit of | 6 | | local government with a population exceeding 3,000,000 | 7 | | when local government funds finance federal participation | 8 | | for claims payments. | 9 | | For claims for services rendered during a period for which | 10 | | a recipient received retroactive eligibility, claims must be | 11 | | filed within 180 days after the Department determines the | 12 | | applicant is eligible. For claims for which the Illinois | 13 | | Department is not the primary payer, claims must be submitted | 14 | | to the Illinois Department within 180 days after the final | 15 | | adjudication by the primary payer. | 16 | | In the case of long term care facilities, within 120 | 17 | | calendar days of receipt by the facility of required | 18 | | prescreening information, new admissions with associated | 19 | | admission documents shall be submitted through the Medical | 20 | | Electronic Data Interchange (MEDI) or the Recipient | 21 | | Eligibility Verification (REV) System or shall be submitted | 22 | | directly to the Department of Human Services using required | 23 | | admission forms. Effective September 1, 2014, admission | 24 | | documents, including all prescreening information, must be | 25 | | submitted through MEDI or REV. Confirmation numbers assigned | 26 | | to an accepted transaction shall be retained by a facility to |
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| 1 | | verify timely submittal. Once an admission transaction has | 2 | | been completed, all resubmitted claims following prior | 3 | | rejection are subject to receipt no later than 180 days after | 4 | | the admission transaction has been completed. | 5 | | Claims that are not submitted and received in compliance | 6 | | with the foregoing requirements shall not be eligible for | 7 | | payment under the medical assistance program, and the State | 8 | | shall have no liability for payment of those claims. | 9 | | To the extent consistent with applicable information and | 10 | | privacy, security, and disclosure laws, State and federal | 11 | | agencies and departments shall provide the Illinois Department | 12 | | access to confidential and other information and data | 13 | | necessary to perform eligibility and payment verifications and | 14 | | other Illinois Department functions. This includes, but is not | 15 | | limited to: information pertaining to licensure; | 16 | | certification; earnings; immigration status; citizenship; wage | 17 | | reporting; unearned and earned income; pension income; | 18 | | employment; supplemental security income; social security | 19 | | numbers; National Provider Identifier (NPI) numbers; the | 20 | | National Practitioner Data Bank (NPDB); program and agency | 21 | | exclusions; taxpayer identification numbers; tax delinquency; | 22 | | corporate information; and death records. | 23 | | The Illinois Department shall enter into agreements with | 24 | | State agencies and departments, and is authorized to enter | 25 | | into agreements with federal agencies and departments, under | 26 | | which such agencies and departments shall share data necessary |
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| 1 | | for medical assistance program integrity functions and | 2 | | oversight. The Illinois Department shall develop, in | 3 | | cooperation with other State departments and agencies, and in | 4 | | compliance with applicable federal laws and regulations, | 5 | | appropriate and effective methods to share such data. At a | 6 | | minimum, and to the extent necessary to provide data sharing, | 7 | | the Illinois Department shall enter into agreements with State | 8 | | agencies and departments, and is authorized to enter into | 9 | | agreements with federal agencies and departments, including, | 10 | | but not limited to: the Secretary of State; the Department of | 11 | | Revenue; the Department of Public Health; the Department of | 12 | | Human Services; and the Department of Financial and | 13 | | Professional Regulation. | 14 | | Beginning in fiscal year 2013, the Illinois Department | 15 | | shall set forth a request for information to identify the | 16 | | benefits of a pre-payment, post-adjudication, and post-edit | 17 | | claims system with the goals of streamlining claims processing | 18 | | and provider reimbursement, reducing the number of pending or | 19 | | rejected claims, and helping to ensure a more transparent | 20 | | adjudication process through the utilization of: (i) provider | 21 | | data verification and provider screening technology; and (ii) | 22 | | clinical code editing; and (iii) pre-pay, pre-adjudicated , or | 23 | | post-adjudicated predictive modeling with an integrated case | 24 | | management system with link analysis. Such a request for | 25 | | information shall not be considered as a request for proposal | 26 | | or as an obligation on the part of the Illinois Department to |
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| 1 | | take any action or acquire any products or services. | 2 | | The Illinois Department shall establish policies, | 3 | | procedures, standards and criteria by rule for the | 4 | | acquisition, repair and replacement of orthotic and prosthetic | 5 | | devices and durable medical equipment. Such rules shall | 6 | | provide, but not be limited to, the following services: (1) | 7 | | immediate repair or replacement of such devices by recipients; | 8 | | and (2) rental, lease, purchase or lease-purchase of durable | 9 | | medical equipment in a cost-effective manner, taking into | 10 | | consideration the recipient's medical prognosis, the extent of | 11 | | the recipient's needs, and the requirements and costs for | 12 | | maintaining such equipment. Subject to prior approval, such | 13 | | rules shall enable a recipient to temporarily acquire and use | 14 | | alternative or substitute devices or equipment pending repairs | 15 | | or replacements of any device or equipment previously | 16 | | authorized for such recipient by the Department. | 17 | | Notwithstanding any provision of Section 5-5f to the contrary, | 18 | | the Department may, by rule, exempt certain replacement | 19 | | wheelchair parts from prior approval and, for wheelchairs, | 20 | | wheelchair parts, wheelchair accessories, and related seating | 21 | | and positioning items, determine the wholesale price by | 22 | | methods other than actual acquisition costs. | 23 | | The Department shall require, by rule, all providers of | 24 | | durable medical equipment to be accredited by an accreditation | 25 | | organization approved by the federal Centers for Medicare and | 26 | | Medicaid Services and recognized by the Department in order to |
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| 1 | | bill the Department for providing durable medical equipment to | 2 | | recipients. No later than 15 months after the effective date | 3 | | of the rule adopted pursuant to this paragraph, all providers | 4 | | must meet the accreditation requirement. | 5 | | In order to promote environmental responsibility, meet the | 6 | | needs of recipients and enrollees, and achieve significant | 7 | | cost savings, the Department, or a managed care organization | 8 | | under contract with the Department, may provide recipients or | 9 | | managed care enrollees who have a prescription or Certificate | 10 | | of Medical Necessity access to refurbished durable medical | 11 | | equipment under this Section (excluding prosthetic and | 12 | | orthotic devices as defined in the Orthotics, Prosthetics, and | 13 | | Pedorthics Practice Act and complex rehabilitation technology | 14 | | products and associated services) through the State's | 15 | | assistive technology program's reutilization program, using | 16 | | staff with the Assistive Technology Professional (ATP) | 17 | | Certification if the refurbished durable medical equipment: | 18 | | (i) is available; (ii) is less expensive, including shipping | 19 | | costs, than new durable medical equipment of the same type; | 20 | | (iii) is able to withstand at least 3 years of use; (iv) is | 21 | | cleaned, disinfected, sterilized, and safe in accordance with | 22 | | federal Food and Drug Administration regulations and guidance | 23 | | governing the reprocessing of medical devices in health care | 24 | | settings; and (v) equally meets the needs of the recipient or | 25 | | enrollee. The reutilization program shall confirm that the | 26 | | recipient or enrollee is not already in receipt of the same or |
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| 1 | | similar equipment from another service provider, and that the | 2 | | refurbished durable medical equipment equally meets the needs | 3 | | of the recipient or enrollee. Nothing in this paragraph shall | 4 | | be construed to limit recipient or enrollee choice to obtain | 5 | | new durable medical equipment or place any additional prior | 6 | | authorization conditions on enrollees of managed care | 7 | | organizations. | 8 | | The Department shall execute, relative to the nursing home | 9 | | prescreening project, written inter-agency agreements with the | 10 | | Department of Human Services and the Department on Aging, to | 11 | | effect the following: (i) intake procedures and common | 12 | | eligibility criteria for those persons who are receiving | 13 | | non-institutional services; and (ii) the establishment and | 14 | | development of non-institutional services in areas of the | 15 | | State where they are not currently available or are | 16 | | undeveloped; and (iii) notwithstanding any other provision of | 17 | | law, subject to federal approval, on and after July 1, 2012, an | 18 | | increase in the determination of need (DON) scores from 29 to | 19 | | 37 for applicants for institutional and home and | 20 | | community-based long term care; if and only if federal | 21 | | approval is not granted, the Department may, in conjunction | 22 | | with other affected agencies, implement utilization controls | 23 | | or changes in benefit packages to effectuate a similar savings | 24 | | amount for this population; and (iv) no later than July 1, | 25 | | 2013, minimum level of care eligibility criteria for | 26 | | institutional and home and community-based long term care; and |
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| 1 | | (v) no later than October 1, 2013, establish procedures to | 2 | | permit long term care providers access to eligibility scores | 3 | | for individuals with an admission date who are seeking or | 4 | | receiving services from the long term care provider. In order | 5 | | to select the minimum level of care eligibility criteria, the | 6 | | Governor shall establish a workgroup that includes affected | 7 | | agency representatives and stakeholders representing the | 8 | | institutional and home and community-based long term care | 9 | | interests. This Section shall not restrict the Department from | 10 | | implementing lower level of care eligibility criteria for | 11 | | community-based services in circumstances where federal | 12 | | approval has been granted. | 13 | | The Illinois Department shall develop and operate, in | 14 | | cooperation with other State Departments and agencies and in | 15 | | compliance with applicable federal laws and regulations, | 16 | | appropriate and effective systems of health care evaluation | 17 | | and programs for monitoring of utilization of health care | 18 | | services and facilities, as it affects persons eligible for | 19 | | medical assistance under this Code. | 20 | | The Illinois Department shall report annually to the | 21 | | General Assembly, no later than the second Friday in April of | 22 | | 1979 and each year thereafter, in regard to: | 23 | | (a) actual statistics and trends in utilization of | 24 | | medical services by public aid recipients; | 25 | | (b) actual statistics and trends in the provision of | 26 | | the various medical services by medical vendors; |
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| 1 | | (c) current rate structures and proposed changes in | 2 | | those rate structures for the various medical vendors; and | 3 | | (d) efforts at utilization review and control by the | 4 | | Illinois Department. | 5 | | The period covered by each report shall be the 3 years | 6 | | ending on the June 30 prior to the report. The report shall | 7 | | include suggested legislation for consideration by the General | 8 | | Assembly. The requirement for reporting to the General | 9 | | Assembly shall be satisfied by filing copies of the report as | 10 | | required by Section 3.1 of the General Assembly Organization | 11 | | Act, and filing such additional copies with the State | 12 | | Government Report Distribution Center for the General Assembly | 13 | | as is required under paragraph (t) of Section 7 of the State | 14 | | Library Act. | 15 | | Rulemaking authority to implement Public Act 95-1045, if | 16 | | any, is conditioned on the rules being adopted in accordance | 17 | | with all provisions of the Illinois Administrative Procedure | 18 | | Act and all rules and procedures of the Joint Committee on | 19 | | Administrative Rules; any purported rule not so adopted, for | 20 | | whatever reason, is unauthorized. | 21 | | On and after July 1, 2012, the Department shall reduce any | 22 | | rate of reimbursement for services or other payments or alter | 23 | | any methodologies authorized by this Code to reduce any rate | 24 | | of reimbursement for services or other payments in accordance | 25 | | with Section 5-5e. | 26 | | Because kidney transplantation can be an appropriate, |
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| 1 | | cost-effective alternative to renal dialysis when medically | 2 | | necessary and notwithstanding the provisions of Section 1-11 | 3 | | of this Code, beginning October 1, 2014, the Department shall | 4 | | cover kidney transplantation for noncitizens with end-stage | 5 | | renal disease who are not eligible for comprehensive medical | 6 | | benefits, who meet the residency requirements of Section 5-3 | 7 | | of this Code, and who would otherwise meet the financial | 8 | | requirements of the appropriate class of eligible persons | 9 | | under Section 5-2 of this Code. To qualify for coverage of | 10 | | kidney transplantation, such person must be receiving | 11 | | emergency renal dialysis services covered by the Department. | 12 | | Providers under this Section shall be prior approved and | 13 | | certified by the Department to perform kidney transplantation | 14 | | and the services under this Section shall be limited to | 15 | | services associated with kidney transplantation. | 16 | | Notwithstanding any other provision of this Code to the | 17 | | contrary, on or after July 1, 2015, all FDA approved forms of | 18 | | medication assisted treatment prescribed for the treatment of | 19 | | alcohol dependence or treatment of opioid dependence shall be | 20 | | covered under both fee-for-service fee for service and managed | 21 | | care medical assistance programs for persons who are otherwise | 22 | | eligible for medical assistance under this Article and shall | 23 | | not be subject to any (1) utilization control, other than | 24 | | those established under the American Society of Addiction | 25 | | Medicine patient placement criteria, (2) prior authorization | 26 | | mandate, or (3) lifetime restriction limit mandate. |
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| 1 | | On or after July 1, 2015, opioid antagonists prescribed | 2 | | for the treatment of an opioid overdose, including the | 3 | | medication product, administration devices, and any pharmacy | 4 | | fees or hospital fees related to the dispensing, distribution, | 5 | | and administration of the opioid antagonist, shall be covered | 6 | | under the medical assistance program for persons who are | 7 | | otherwise eligible for medical assistance under this Article. | 8 | | As used in this Section, "opioid antagonist" means a drug that | 9 | | binds to opioid receptors and blocks or inhibits the effect of | 10 | | opioids acting on those receptors, including, but not limited | 11 | | to, naloxone hydrochloride or any other similarly acting drug | 12 | | approved by the U.S. Food and Drug Administration. The | 13 | | Department shall not impose a copayment on the coverage | 14 | | provided for naloxone hydrochloride under the medical | 15 | | assistance program. | 16 | | Upon federal approval, the Department shall provide | 17 | | coverage and reimbursement for all drugs that are approved for | 18 | | marketing by the federal Food and Drug Administration and that | 19 | | are recommended by the federal Public Health Service or the | 20 | | United States Centers for Disease Control and Prevention for | 21 | | pre-exposure prophylaxis and related pre-exposure prophylaxis | 22 | | services, including, but not limited to, HIV and sexually | 23 | | transmitted infection screening, treatment for sexually | 24 | | transmitted infections, medical monitoring, assorted labs, and | 25 | | counseling to reduce the likelihood of HIV infection among | 26 | | individuals who are not infected with HIV but who are at high |
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| 1 | | risk of HIV infection. | 2 | | A federally qualified health center, as defined in Section | 3 | | 1905(l)(2)(B) of the federal Social Security Act, shall be | 4 | | reimbursed by the Department in accordance with the federally | 5 | | qualified health center's encounter rate for services provided | 6 | | to medical assistance recipients that are performed by a | 7 | | dental hygienist, as defined under the Illinois Dental | 8 | | Practice Act, working under the general supervision of a | 9 | | dentist and employed by a federally qualified health center. | 10 | | Within 90 days after October 8, 2021 (the effective date | 11 | | of Public Act 102-665), the Department shall seek federal | 12 | | approval of a State Plan amendment to expand coverage for | 13 | | family planning services that includes presumptive eligibility | 14 | | to individuals whose income is at or below 208% of the federal | 15 | | poverty level. Coverage under this Section shall be effective | 16 | | beginning no later than December 1, 2022. | 17 | | Subject to approval by the federal Centers for Medicare | 18 | | and Medicaid Services of a Title XIX State Plan amendment | 19 | | electing the Program of All-Inclusive Care for the Elderly | 20 | | (PACE) as a State Medicaid option, as provided for by Subtitle | 21 | | I (commencing with Section 4801) of Title IV of the Balanced | 22 | | Budget Act of 1997 (Public Law 105-33) and Part 460 | 23 | | (commencing with Section 460.2) of Subchapter E of Title 42 of | 24 | | the Code of Federal Regulations, PACE program services shall | 25 | | become a covered benefit of the medical assistance program, | 26 | | subject to criteria established in accordance with all |
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| 1 | | applicable laws. | 2 | | Notwithstanding any other provision of this Code, | 3 | | community-based pediatric palliative care from a trained | 4 | | interdisciplinary team shall be covered under the medical | 5 | | assistance program as provided in Section 15 of the Pediatric | 6 | | Palliative Care Act. | 7 | | Notwithstanding any other provision of this Code, within | 8 | | 12 months after June 2, 2022 (the effective date of Public Act | 9 | | 102-1037) and subject to federal approval, acupuncture | 10 | | services performed by an acupuncturist licensed under the | 11 | | Acupuncture Practice Act who is acting within the scope of his | 12 | | or her license shall be covered under the medical assistance | 13 | | program. The Department shall apply for any federal waiver or | 14 | | State Plan amendment, if required, to implement this | 15 | | paragraph. The Department may adopt any rules, including | 16 | | standards and criteria, necessary to implement this paragraph. | 17 | | Notwithstanding any other provision of this Code, the | 18 | | medical assistance program shall, subject to appropriation and | 19 | | federal approval, reimburse hospitals for costs associated | 20 | | with a newborn screening test for the presence of | 21 | | metachromatic leukodystrophy, as required under the Newborn | 22 | | Metabolic Screening Act, at a rate not less than the fee | 23 | | charged by the Department of Public Health. The Department | 24 | | shall seek federal approval before the implementation of the | 25 | | newborn screening test fees by the Department of Public | 26 | | Health. |
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| 1 | | Notwithstanding any other provision of this Code, | 2 | | beginning on January 1, 2024, subject to federal approval, | 3 | | cognitive assessment and care planning services provided to a | 4 | | person who experiences signs or symptoms of cognitive | 5 | | impairment, as defined by the Diagnostic and Statistical | 6 | | Manual of Mental Disorders, Fifth Edition, shall be covered | 7 | | under the medical assistance program for persons who are | 8 | | otherwise eligible for medical assistance under this Article. | 9 | | Notwithstanding any other provision of this Code, | 10 | | medically necessary reconstructive services that are intended | 11 | | to restore physical appearance shall be covered under the | 12 | | medical assistance program for persons who are otherwise | 13 | | eligible for medical assistance under this Article. As used in | 14 | | this paragraph, "reconstructive services" means treatments | 15 | | performed on structures of the body damaged by trauma to | 16 | | restore physical appearance. | 17 | | (Source: P.A. 102-43, Article 30, Section 30-5, eff. 7-6-21; | 18 | | 102-43, Article 35, Section 35-5, eff. 7-6-21; 102-43, Article | 19 | | 55, Section 55-5, eff. 7-6-21; 102-95, eff. 1-1-22; 102-123, | 20 | | eff. 1-1-22; 102-558, eff. 8-20-21; 102-598, eff. 1-1-22; | 21 | | 102-655, eff. 1-1-22; 102-665, eff. 10-8-21; 102-813, eff. | 22 | | 5-13-22; 102-1018, eff. 1-1-23; 102-1037, eff. 6-2-22; | 23 | | 102-1038, eff. 1-1-23; 103-102, Article 15, Section 15-5, eff. | 24 | | 1-1-24; 103-102, Article 95, Section 95-15, eff. 1-1-24; | 25 | | 103-123, eff. 1-1-24; 103-154, eff. 6-30-23; 103-368, eff. | 26 | | 1-1-24; revised 12-15-23.) |
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| 1 | | (305 ILCS 5/5-8) (from Ch. 23, par. 5-8) | 2 | | Sec. 5-8. Practitioners. In supplying medical assistance, | 3 | | the Illinois Department may provide for the legally authorized | 4 | | services of (i) persons licensed under the Medical Practice | 5 | | Act of 1987, as amended, except as hereafter in this Section | 6 | | stated, whether under a general or limited license, (ii) | 7 | | persons licensed under the Nurse Practice Act as advanced | 8 | | practice registered nurses, regardless of whether or not the | 9 | | persons have written collaborative agreements, (iii) persons | 10 | | licensed or registered under other laws of this State to | 11 | | provide dental, medical, pharmaceutical, optometric, | 12 | | podiatric, or nursing services, or other remedial care | 13 | | recognized under State law, (iv) persons licensed under other | 14 | | laws of this State as a clinical social worker, and (v) persons | 15 | | licensed under other laws of this State as physician | 16 | | assistants. The Department shall adopt rules, no later than 90 | 17 | | days after January 1, 2017 (the effective date of Public Act | 18 | | 99-621), for the legally authorized services of persons | 19 | | licensed under other laws of this State as a clinical social | 20 | | worker. The Department shall provide for the legally | 21 | | authorized services of persons licensed under the Professional | 22 | | Counselor and Clinical Professional Counselor Licensing and | 23 | | Practice Act as clinical professional counselors and for the | 24 | | legally authorized services of persons licensed under the | 25 | | Marriage and Family Therapy Licensing Act as marriage and |
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| 1 | | family therapists. The Department may not provide for legally | 2 | | authorized services of any physician who has been convicted of | 3 | | having performed an abortion procedure in a willful and wanton | 4 | | manner on a woman who was not pregnant at the time such | 5 | | abortion procedure was performed. The utilization of the | 6 | | services of persons engaged in the treatment or care of the | 7 | | sick, which persons are not required to be licensed or | 8 | | registered under the laws of this State, is not prohibited by | 9 | | this Section. | 10 | | (Source: P.A. 102-43, eff. 7-6-21.) | 11 | | (305 ILCS 5/5-9) (from Ch. 23, par. 5-9) | 12 | | Sec. 5-9. Choice of medical dispensers. Applicants and | 13 | | recipients shall be entitled to free choice of those qualified | 14 | | practitioners, hospitals, nursing homes, and other dispensers | 15 | | of medical services meeting the requirements and complying | 16 | | with the rules and regulations of the Illinois Department. | 17 | | However, the Director of Healthcare and Family Services may, | 18 | | after providing reasonable notice and opportunity for hearing, | 19 | | deny, suspend or terminate any otherwise qualified person, | 20 | | firm, corporation, association, agency, institution, or other | 21 | | legal entity, from participation as a vendor of goods or | 22 | | services under the medical assistance program authorized by | 23 | | this Article if the Director finds such vendor of medical | 24 | | services in violation of this Act or the policy or rules and | 25 | | regulations issued pursuant to this Act. Any physician who has |
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| 1 | | been convicted of performing an abortion procedure in a | 2 | | willful and wanton manner upon a woman who was not pregnant at | 3 | | the time such abortion procedure was performed shall be | 4 | | automatically removed from the list of physicians qualified to | 5 | | participate as a vendor of medical services under the medical | 6 | | assistance program authorized by this Article. | 7 | | (Source: P.A. 100-538, eff. 1-1-18 .) | 8 | | (305 ILCS 5/6-1) (from Ch. 23, par. 6-1) | 9 | | Sec. 6-1. Eligibility requirements. Financial aid in | 10 | | meeting basic maintenance requirements shall be given under | 11 | | this Article to or in behalf of persons who meet the | 12 | | eligibility conditions of Sections 6-1.1 through 6-1.10 , | 13 | | except as provided in the No Taxpayer Funding for Abortion | 14 | | Act . In addition, each unit of local government subject to | 15 | | this Article shall provide persons receiving financial aid in | 16 | | meeting basic maintenance requirements with financial aid for | 17 | | either (a) necessary treatment, care, and supplies required | 18 | | because of illness or disability, or (b) acute medical | 19 | | treatment, care, and supplies only. If a local governmental | 20 | | unit elects to provide financial aid for acute medical | 21 | | treatment, care, and supplies only, the general types of acute | 22 | | medical treatment, care, and supplies for which financial aid | 23 | | is provided shall be specified in the general assistance rules | 24 | | of the local governmental unit, which rules shall provide that | 25 | | financial aid is provided, at a minimum, for acute medical |
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| 1 | | treatment, care, or supplies necessitated by a medical | 2 | | condition for which prior approval or authorization of medical | 3 | | treatment, care, or supplies is not required by the general | 4 | | assistance rules of the Illinois Department. | 5 | | (Source: P.A. 100-538, eff. 1-1-18 .) | 6 | | Section 910. The Problem Pregnancy Health Services and | 7 | | Care Act is amended by changing Section 4-100 as follows: | 8 | | (410 ILCS 230/4-100) (from Ch. 111 1/2, par. 4604-100) | 9 | | Sec. 4-100. The Department may make grants to nonprofit | 10 | | agencies and organizations which do not use such grants to | 11 | | refer or counsel for, or perform, abortions and which | 12 | | coordinate and establish linkages among services that will | 13 | | further the purposes of this Act and, where appropriate, will | 14 | | provide, supplement, or improve the quality of such services. | 15 | | (Source: P.A. 100-538, eff. 1-1-18 .) | 16 | | Section 990. Application of Act; home rule powers. | 17 | | (a) This Act applies to all State and local (including | 18 | | home rule unit) laws, ordinances, policies, procedures, | 19 | | practices, and governmental actions and their implementation, | 20 | | whether statutory or otherwise and whether adopted before or | 21 | | after the effective date of this Act. | 22 | | (b) A home rule unit may not adopt any rule in a manner | 23 | | inconsistent with this Act. This Act is a limitation under |
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| 1 | | subsection (i) of Section 6 of Article VII of the Illinois | 2 | | Constitution on the concurrent exercise by home rule units of | 3 | | powers and functions exercised by the State. | 4 | | Section 999. Effective date. This Act takes effect June 1, | 5 | | 2024. |
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