Your Legislature’s Work Product – New Laws as of January 1, 2017 – Part 8

We continue to look at the new laws that the Illinois legislature passed and Govenror Bruce Rauner signed that took effect on January 1, 2017:

Health and Human Services

Health Care License – Forcible Felony (SB 42/PA 99-0886): Provides that a felon cannot apply for reinstatement of a healthcare license until at least 3 years from their release from incarceration or 5 years after their conviction, whichever is the later date. (As passed the senate, reinstatement was set at 5 years from conviction.)

Patient Safety Closed Meetings (SB 384/PA 99-0687): Allows a public body to hold a closed meeting to discuss matters protected under the federal Patient Safety and Quality Improvement Act of 2005 or HIPAA (or the regulations adopted under either Act) by a hospital or other institution providing medical care, that is operated by the public body.

Complex Needs Patient Act (SB 420/PA 99-0895): Creates the Complex Needs Patient Act. Requires the Department of Healthcare and Family Services (HFS) to provide separate recognition within the state’s Medicaid program for individually configured complex rehabilitation technology products and services for complex needs patients. Defines “complex needs patient” to mean an individual with a diagnosis or medical condition that results in significant physical or functional needs and capacities. Requires separate recognition for technology products and services for complex needs patients. Sets forth several additional rules and coding guidelines for complex needs patients and their medical providers.

Personal Information Protection Act Changes (HB 1260/PA 99-0503): Updates the definitions used and notifications that are required when a data breach occurs that affects the personal information, including health insurance info, medical information, biometric data, etc., of consumers in Illinois. Makes technical changes.

Conscience Based Medical Objections (SB 1564/PA 99-0690): Requires health care facilities to adopt written access to care and information protocols that are designed to ensure that conscience-based objections do not cause impairment of patients’ health and that explain how conscience-based objections will be addressed in a timely manner to facilitate patient health care services.

Medicaid Algorithm (SB 2306/PA 99-0898): Requires HFS to develop and implement an algorithm that is based on quality scores and operational proficiency criteria to automatically assign Medicaid enrollees into managed care entities with the highest quality scores and levels of operational proficiency criteria established.

 Public Aid-Tech (SB 2331/PA 99-0566): Tightens current law and provides clarification that business affiliates of MCO’s who contract out care coordination services are authorized to communicate with their enrollees.

Clinical Social Worker Rules (SB 2332/PA 99-0621): Requires the Department of Healthcare and Family Services to make rules to implement already existing law regarding the licensed activities of clinical social workers in Illinois. These rules will allow clinical social workers in Illinois access to Medicaid services in order to practice legally authorized activities.

TANF Benefits (SB 2340/PA 99-0899): Clarifies that the first $100 of monthly child support collected by a family with one child and the first $200 collected by a family with two (2) or more children must be passed through to the family and disregarded in determining the amount of TANF assistance or TANF Cash provided to the family. This would add approximately $2- $2 million to the state’s current obligations.

DCFS Living Adult Relatives Finder (SB 2512/PA 99-0625): The bill is an initiative to bring DCFS into federal compliance by providing that the court shall ensure, by inquiring in open court of each parent, guardian, custodian, or responsible relative; that the parent, guardian, custodian, or responsible relative, has had the opportunity to provide DCFS with all known names, addresses, and telephone numbers of each of the minor’s living maternal and paternal adult relatives. The court shall advise those persons to inform DCFS if additional information regarding the minor’s adult relatives becomes available.

Disabled Continued Care (SB 2610/PA 99-0892): Authorizes a new type of license, a Continuum of Care License, for services that provide for individuals with developmental disabilities. Authorizes the Director(s) of HFS and DHS to submit a waiver to provide for licensure, reimbursement, and quality assurance for the services for the individuals. Removes the “1115 Waiver” and replaces it with federal waivers and state plan amendments.

Emergency Medical Systems (SB 2704/PA 99-0661):  Defines “clinical observation” as the on-going observation of a patient’s condition by a licensed health care professional. Defines “medical monitoring” as the performance of medical tests and physical exams to evaluate potentially negative effects to an individual’s health. Includes medical monitoring and clinical observation into “Basic Life Support Services” of pre-hospital and inter-hospital emergency care.

External Review Request Deadline Change (SB 2787/PA 99-0537): Requires each health carrier to submit a report on all requests for external review to the Director of Insurance by June 1 rather than March 1 of each year.

 Physician Assistants (SB 2900/PA 99-0581): Adds the term “physician assistant” to various acts that fall within the scope of practice of a license physician assistant.

DHS Work Equivalency (SB 2906/PA 99-0746): Requires the Department of Human Services to treat participation in high school and high school equivalency programs as work activities, and count this participation toward the TANF program. Gives DHS the flexibility to determine whether it’s ideal for the TANF recipient to go through these programs. Addresses a situation wherein a constituent wanted to obtain their GED, but was told it wouldn’t count toward the requirements of their employment plan until they completed other plan activities.

Medicaid Long Term Care Services Act (SB 2929/PA 99-0857): Enables a nursing home resident who is Medicaid eligible to have their care paid retroactive to the date of admission, or the date of conversion from Medicare of private pay. Regardless of whether a case coordination unit had completed a screening in advance of admission or conversion. Also, prohibits HFS from closing a pending Medicaid application based solely on the applicant’s death if services were provided pending a determination of eligibility. Then requires HFS to take steps in an effort to collect financial information if necessary and determine if outstanding obligations for authorized services exist.

Genetic Counseling Referral Act (SB 2985/PA 99-0633): Removes language prohibiting a genetic counselor from providing genetic counseling without a referral.

Amputation Definition (SB 3082/PA 99-0635): Moves a sentence defining amputation from one section to another to clarify the effect. Makes no substantive changes to the Act.

EMT’s Epinephrine Administering Act (SB 3335/PA 99-0862): Authorizes EMT-Basics, EMT-Intermediates, Advanced EMT’s and EMT-Paramedics to administer Epinephrine drawn from a glass vial, using a syringe, as opposed to using a pre-filled epinephrine auto-injector, such as an Epi-Pen, once the individual completes a department approved course.

Disability Wallet Card (HB 4257/PA 99-0829): Requires the Secretary of State (SOS) to issue a “person with disability” wallet card that specifies the cardholder has been medically diagnosed with a disability (i.e. autism). The wallet card may only be available to applicants with a Type 2 (developmental disability) or Type 5 (mental disability). Requires the Department of Human Services (DHS) to work with the SOS to design the card and then requires DHS to produce and distribute the cards to the SOS. Also requires DHS and SOS to work together to adopt rules.

Parentage Act Clean-Ups (HB 4447/PA 99-0769): Makes a number of technical clean-ups and changes requested by DHFS to eliminate conflicts with federal law with regard to the recently enacted Parentage Act of 2015.

Multiple Care Worker Registries (HB 4515/PA 99-0872): Requires the Department of Public Health (DPH) to maintain two versions of the Health Care Worker Registry. Requires the public registry to report that an individual is ineligible for employment if he or she has a disqualifying offense under the Health Care Worker Background Check Act. Requires that the public registry report that an individual is eligible for employment if he or she has received a waiver.

Health Facilities Planning Changes (HB 4517/PA 99-0527): Gives the Health Facilities and Services Review Board the ability to contract with other agencies for services. No later than 90 days after a discontinuation of a health facility or a discontinuation of a category of service the applicant for a certificate of exemption must submit a statement to the State Board certifying that the discontinuation is complete. If a public hearing concerning change of ownership or discontinuation of a health facility or a category of service is held, all interested persons attending the hearing shall be given a reasonable opportunity to present their positions in writing or orally. Removes language concerning certificates of recognition.

Prophylaxis Medicaid Coverage (HB 4554/PA 99-0772): Requires Medicaid coverage for all FDA approved drugs which have also been recommended by the federal Public Health Service or the CDC for pre-exposure prophylaxis.

Rare Disease Commission (HB 4576/PA 99-0773): Creates a fifteen (15) member Rare Disease Commission. Each legislative leader gets one appointment. The Commission will focus on advisement on issues concerning the care and treatment of individuals with rare diseases. The sunset date of this Commission is January 1, 2020.

Interagency Fatality Review Terms (HB 4826/PA 99-0530): Requires the regional interagency fatality review teams to meet not less than four times a year (rather than six) to discuss cases for its possible review.

Contraception Coverage (HB 5576/PA 99-0672): Provides that any accident or health insurance policy must provide coverage for all contraceptive drugs, devices and other FDA-approved products. Currently, ACA requires insurance to cover the complete cost of at least one version of each type of contraception. This measure requires an insurance company to cover any difference in cost with no ability to cost-share, if the patient or physician prefers a different version of contraception than normally provided by the insurance network.

Opioid Addiction Treatment (HB 5593/PA 99-0553): Requires all programs serving persons with substance use issues licensed by DHS under the Act to provide educational information concerning treatment options for opioid addiction, including the use of a medication for the use of opioid addiction, recognition of and response to opioid overdose, and the use and administration of naloxone.

Licensure Dispute Resolutions (HB 5602/PA 99-0555): Clarifies that a long term care facility must submit comments refuting licensure findings for it to be considered an information dispute resolution. States that if the Department of Public Health (DPH) fails to provide a written explanation of the reason or reasons why the evidence or arguments were insufficient then the alleged and disputed violation shall be cited but no penalty shall be imposed.

Long Term Care Facilities (HB 5603/PA 99-0784): Makes several minor changes to the Electronic Monitoring in Long Term Care Facilities Act.

 Paternity Denial Forms (HB 5775/PA 99-0675): Requires that if new data elements are included in the paternity forms the Department of Healthcare and Family Services (HFS) – in conjunction with the Department of Public Health (DPH) – shall provide instructions that have been prescribed by DHFS about the new data elements to the hospital personnel responsible for assisting the child’s mother, biological father or presumed father with completing the forms.  Also removes font size requirements about the right to a DNA test.

Public Health Hygienists (HB 5948/PA 99-0680): Provides increased education requirements for newly expanded scope of practice for “public health hygienists”, which was created a public act from 2015.

Medicaid Facility Groupings (HB 6060/PA 99-0684): Adds the percentage of Medicaid-funded residents as one of the factors the Department of Healthcare and Family Services must considered in grouping nursing facilities for purposes of payment. Provides that a resident of a nursing facility whose application for long term care benefits is awaiting final action shall be included in the calculation as a Medicaid funded resident.

Urgent Need of Services List (HB 6086/PA 99-0716): Requires the Department of Human Services (DHS) to consider the length of time spent on the Prioritization of Urgency of Need for Services (PUNS) waiting list. Also requires other factors to be considered – such as age of requestor – when selecting individuals on the list for services.

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