Illinois General Assembly - Full Text of SB1779
Illinois General Assembly

Previous General Assemblies

Full Text of SB1779  93rd General Assembly

SB1779 93rd General Assembly


093_SB1779

 
                                     LRB093 10992 DRJ 11617 b

 1        AN ACT in relation to public aid.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Illinois  Public Aid Code is amended by
 5    changing Section 5-5 as follows:

 6        (305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
 7        Sec. 5-5.  Medical services. The Illinois Department,  by
 8    rule,  shall  determine  the  quantity and quality of and the
 9    rate of reimbursement for the medical  assistance  for  which
10    payment  will  be  authorized, and the medical services to be
11    provided, which may include all or part of the following: (1)
12    inpatient  hospital   services;   (2)   outpatient   hospital
13    services;  (3)  other  laboratory  and  X-ray  services;  (4)
14    skilled  nursing  home  services;  (5)  physicians'  services
15    whether  furnished  in  the  office,  the  patient's  home, a
16    hospital, a skilled nursing home, or elsewhere;  (6)  medical
17    care,  or  any  other  type  of  remedial  care  furnished by
18    licensed practitioners; (7) home health  care  services;  (8)
19    private  duty  nursing  service;  (9)  clinic  services; (10)
20    dental services; (11) physical therapy and related  services;
21    (12)  prescribed drugs, dentures, and prosthetic devices; and
22    eyeglasses prescribed by a physician skilled in the  diseases
23    of  the  eye,  or by an optometrist, whichever the person may
24    select; (13) other  diagnostic,  screening,  preventive,  and
25    rehabilitative  services;  (14) transportation and such other
26    expenses as may  be  necessary;  (15)  medical  treatment  of
27    sexual  assault  survivors,  as  defined in Section 1a of the
28    Sexual  Assault  Survivors  Emergency  Treatment   Act,   for
29    injuries  sustained  as  a  result  of  the  sexual  assault,
30    including  examinations  and  laboratory  tests  to  discover
31    evidence  which  may  be used in criminal proceedings arising
 
                            -2-      LRB093 10992 DRJ 11617 b
 1    from the sexual assault; (16) the diagnosis and treatment  of
 2    sickle  cell anemia; and (17) any other medical care, and any
 3    other type of remedial care recognized under the laws of this
 4    State, but not including abortions, or  induced  miscarriages
 5    or  premature  births, unless, in the opinion of a physician,
 6    such procedures are necessary for  the  preservation  of  the
 7    life  of  the  woman  seeking  such  treatment,  or except an
 8    induced premature birth intended to  produce  a  live  viable
 9    child  and  such procedure is necessary for the health of the
10    mother or her unborn child. The Illinois Department, by rule,
11    shall  prohibit  any   physician   from   providing   medical
12    assistance  to anyone eligible therefor under this Code where
13    such  physician  has  been  found  guilty  of  performing  an
14    abortion procedure in a wilful and wanton manner upon a woman
15    who was not pregnant at the time such abortion procedure  was
16    performed.  The  term "any other type of remedial care" shall
17    include nursing care and nursing home service for persons who
18    rely on treatment by spiritual means alone through prayer for
19    healing.
20        Notwithstanding any other provision of  this  Section,  a
21    comprehensive  tobacco  use  cessation  program that includes
22    purchasing prescription drugs or prescription medical devices
23    approved by the Food and Drug administration shall be covered
24    under the medical assistance program under this  Article  for
25    persons  who are otherwise eligible for assistance under this
26    Article.
27        Notwithstanding any other provision  of  this  Code,  the
28    Illinois  Department  may  not  require,  as  a  condition of
29    payment  for  any  laboratory  test  authorized  under   this
30    Article,  that  a physician's handwritten signature appear on
31    the laboratory test order form.  The Illinois Department may,
32    however,  impose  other  appropriate  requirements  regarding
33    laboratory test order documentation.
34        The Illinois Department of Public Aid shall  provide  the
 
                            -3-      LRB093 10992 DRJ 11617 b
 1    following  services  to persons eligible for assistance under
 2    this Article who are participating in education, training  or
 3    employment  programs  operated  by  the  Department  of Human
 4    Services as successor to the Department of Public Aid:
 5             (1)  dental services, which shall include but not be
 6        limited to prosthodontics; 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        The  Illinois  Department,  by  rule, may distinguish and
11    classify  the  medical  services  to  be  provided  only   in
12    accordance  with the classes of persons designated in Section
13    5-2.
14        The Illinois Department shall authorize the provision of,
15    and  shall  authorize  payment  for,  screening  by  low-dose
16    mammography for the presence  of  occult  breast  cancer  for
17    women  35  years of age or older who are eligible for medical
18    assistance  under  this  Article,  as  follows:   a  baseline
19    mammogram for women 35 to 39  years  of  age  and  an  annual
20    mammogram for women 40 years of age or older.  All screenings
21    shall   include   a  physical  breast  exam,  instruction  on
22    self-examination and information regarding the  frequency  of
23    self-examination  and  its  value as a preventative tool.  As
24    used in this Section, "low-dose mammography" means the  x-ray
25    examination   of   the   breast   using  equipment  dedicated
26    specifically  for  mammography,  including  the  x-ray  tube,
27    filter, compression device, image  receptor,  and  cassettes,
28    with  an average radiation exposure delivery of less than one
29    rad mid-breast, with 2 views for each breast.
30        Any medical or health  care  provider  shall  immediately
31    recommend,  to  any  pregnant  woman  who  is  being provided
32    prenatal services and  is  suspected  of  drug  abuse  or  is
33    addicted  as  defined  in the Alcoholism and Other Drug Abuse
34    and Dependency Act,  referral  to  a  local  substance  abuse
 
                            -4-      LRB093 10992 DRJ 11617 b
 1    treatment  provider  licensed  by  the  Department  of  Human
 2    Services  or  to a licensed hospital which provides substance
 3    abuse treatment services.  The Department of Public Aid shall
 4    assure coverage for the cost of treatment of the  drug  abuse
 5    or  addiction  for pregnant recipients in accordance with the
 6    Illinois Medicaid Program in conjunction with the  Department
 7    of Human Services.
 8        All  medical  providers  providing  medical assistance to
 9    pregnant women under this Code shall receive information from
10    the Department on the availability of services under the Drug
11    Free  Families  with  a  Future  or  any  comparable  program
12    providing  case  management  services  for  addicted   women,
13    including  information  on  appropriate  referrals  for other
14    social services that may  be  needed  by  addicted  women  in
15    addition to treatment for addiction.
16        The   Illinois   Department,   in  cooperation  with  the
17    Departments of Human Services (as successor to the Department
18    of Alcoholism and Substance Abuse) and Public Health, through
19    a  public  awareness  campaign,   may   provide   information
20    concerning  treatment  for  alcoholism  and  drug  abuse  and
21    addiction, prenatal health care, and other pertinent programs
22    directed at reducing the number of drug-affected infants born
23    to recipients of medical assistance.
24        Neither  the  Illinois  Department  of Public Aid nor the
25    Department of Human Services  shall  sanction  the  recipient
26    solely on the basis of her substance abuse.
27        The  Illinois Department shall establish such regulations
28    governing  the  dispensing  of  health  services  under  this
29    Article as it shall deem appropriate.  In  formulating  these
30    regulations  the  Illinois  Department shall consult with and
31    give substantial weight to the recommendations offered by the
32    Citizens  Assembly/Council  on  Public  Aid.  The  Department
33    should  seek  the  advice  of  formal  professional  advisory
34    committees  appointed  by  the  Director  of   the   Illinois
 
                            -5-      LRB093 10992 DRJ 11617 b
 1    Department  for  the  purpose  of providing regular advice on
 2    policy and administrative matters, information  dissemination
 3    and  educational  activities  for  medical  and  health  care
 4    providers,  and  consistency  in  procedures  to the Illinois
 5    Department.
 6        The Illinois Department may  develop  and  contract  with
 7    Partnerships of medical providers to arrange medical services
 8    for   persons  eligible  under  Section  5-2  of  this  Code.
 9    Implementation  of  this  Section  may  be  by  demonstration
10    projects in certain geographic areas.  The Partnership  shall
11    be represented by a sponsor organization.  The Department, by
12    rule,   shall   develop   qualifications   for   sponsors  of
13    Partnerships.  Nothing in this Section shall be construed  to
14    require   that   the   sponsor   organization  be  a  medical
15    organization.
16        The sponsor must negotiate formal written contracts  with
17    medical  providers  for  physician  services,  inpatient  and
18    outpatient hospital care, home health services, treatment for
19    alcoholism and substance abuse, and other services determined
20    necessary  by the Illinois Department by rule for delivery by
21    Partnerships.  Physician services must include  prenatal  and
22    obstetrical  care.   The  Illinois Department shall reimburse
23    medical  services  delivered  by  Partnership  providers   to
24    clients  in  target  areas  according  to  provisions of this
25    Article and the Illinois Health Finance  Reform  Act,  except
26    that:
27             (1)  Physicians  participating  in a Partnership and
28        providing certain services, which shall be determined  by
29        the  Illinois  Department, to persons in areas covered by
30        the Partnership may receive an additional  surcharge  for
31        such services.
32             (2)  The   Department  may  elect  to  consider  and
33        negotiate   financial   incentives   to   encourage   the
34        development of Partnerships and the efficient delivery of
 
                            -6-      LRB093 10992 DRJ 11617 b
 1        medical care.
 2             (3)  Persons  receiving  medical  services   through
 3        Partnerships  may  receive  medical  and  case management
 4        services above the  level  usually  offered  through  the
 5        medical assistance program.
 6        Medical  providers  shall  be  required  to  meet certain
 7    qualifications to participate in Partnerships to  ensure  the
 8    delivery   of   high   quality   medical   services.    These
 9    qualifications  shall  be  determined by rule of the Illinois
10    Department  and  may  be  higher  than   qualifications   for
11    participation in the medical assistance program.  Partnership
12    sponsors  may  prescribe reasonable additional qualifications
13    for participation by medical providers, only with  the  prior
14    written approval of the Illinois Department.
15        Nothing  in  this  Section shall limit the free choice of
16    practitioners, hospitals,  and  other  providers  of  medical
17    services  by  clients.  In order to ensure patient freedom of
18    choice, the Illinois Department shall immediately  promulgate
19    all  rules  and  take  all  other  necessary  actions so that
20    provided  services  may  be  accessed  from   therapeutically
21    certified  optometrists  to  the  full extent of the Illinois
22    Optometric  Practice  Act  of  1987  without   discriminating
23    between service providers.
24        The  Department  shall apply for a waiver from the United
25    States Health Care Financing Administration to allow for  the
26    implementation of Partnerships under this Section.
27        The   Illinois   Department  shall  require  health  care
28    providers to maintain records that document the medical  care
29    and  services  provided  to  recipients of Medical Assistance
30    under this Article.  The Illinois  Department  shall  require
31    health  care  providers to make available, when authorized by
32    the patient, in writing, the  medical  records  in  a  timely
33    fashion  to  other  health care providers who are treating or
34    serving persons eligible for Medical  Assistance  under  this
 
                            -7-      LRB093 10992 DRJ 11617 b
 1    Article.    All  dispensers  of  medical  services  shall  be
 2    required to maintain and  retain  business  and  professional
 3    records  sufficient  to  fully  and  accurately  document the
 4    nature,  scope,  details  and  receipt  of  the  health  care
 5    provided to persons eligible  for  medical  assistance  under
 6    this  Code, in accordance with regulations promulgated by the
 7    Illinois Department.  The rules and regulations shall require
 8    that proof of the receipt of  prescription  drugs,  dentures,
 9    prosthetic  devices  and eyeglasses by eligible persons under
10    this Section accompany each claim for reimbursement submitted
11    by the dispenser of such medical services. No such claims for
12    reimbursement shall be approved for payment by  the  Illinois
13    Department without such proof of receipt, unless the Illinois
14    Department  shall have put into effect and shall be operating
15    a system of post-payment audit and review which shall,  on  a
16    sampling basis, be deemed adequate by the Illinois Department
17    to  assure  that such drugs, dentures, prosthetic devices and
18    eyeglasses for which payment is being made are actually being
19    received by eligible recipients. Within  90  days  after  the
20    effective  date  of this amendatory Act of 1984, the Illinois
21    Department shall establish  a  current  list  of  acquisition
22    costs   for  all  prosthetic  devices  and  any  other  items
23    recognized as medical  equipment  and  supplies  reimbursable
24    under  this Article and shall update such list on a quarterly
25    basis, except that the acquisition costs of all  prescription
26    drugs  shall be updated no less frequently than every 30 days
27    as required by Section 5-5.12.
28        The rules and  regulations  of  the  Illinois  Department
29    shall require that a written statement including the required
30    opinion   of  a  physician  shall  accompany  any  claim  for
31    reimbursement  for  abortions,  or  induced  miscarriages  or
32    premature  births.   This  statement  shall   indicate   what
33    procedures were used in providing such medical services.
34        The  Illinois  Department shall require all dispensers of
 
                            -8-      LRB093 10992 DRJ 11617 b
 1    medical services, other than an  individual  practitioner  or
 2    group  of  practitioners,  desiring  to  participate  in  the
 3    Medical  Assistance program established under this Article to
 4    disclose all financial, beneficial, ownership, equity, surety
 5    or other  interests  in  any  and  all  firms,  corporations,
 6    partnerships,   associations,   business  enterprises,  joint
 7    ventures, agencies,  institutions  or  other  legal  entities
 8    providing  any  form  of  health  care services in this State
 9    under this Article.
10        The Illinois Department may require that  all  dispensers
11    of  medical  services  desiring to participate in the medical
12    assistance program established under this  Article  disclose,
13    under  such  terms  and conditions as the Illinois Department
14    may  by  rule  establish,  all  inquiries  from  clients  and
15    attorneys  regarding  medical  bills  paid  by  the  Illinois
16    Department,  which   inquiries   could   indicate   potential
17    existence of claims or liens for the Illinois Department.
18        The  Department  of  Public  Aid  shall  pay providers of
19    transportation services authorized under this  Article  on  a
20    reasonable-cost-related   basis,   prospectively   determined
21    according to generally accepted accounting principles.
22        Enrollment   of  a  vendor  that  provides  non-emergency
23    medical transportation, defined by the  Department  by  rule,
24    shall  be  conditional  for  180  days. During that time, the
25    Department  of  Public  Aid  may   terminate   the   vendor's
26    eligibility  to participate in the medical assistance program
27    without  cause.   That  termination  of  eligibility  is  not
28    subject to the Department's hearing process.
29        The  Illinois  Department   shall   establish   policies,
30    procedures,   standards   and   criteria   by  rule  for  the
31    acquisition,  repair  and   replacement   of   orthotic   and
32    prosthetic devices and durable medical equipment.  Such rules
33    shall provide, but not be limited to, the following services:
34    (1)  immediate  repair  or  replacement  of  such  devices by
 
                            -9-      LRB093 10992 DRJ 11617 b
 1    recipients without medical  authorization;  and  (2)  rental,
 2    lease,   purchase   or   lease-purchase  of  durable  medical
 3    equipment   in   a   cost-effective   manner,   taking   into
 4    consideration the recipient's medical prognosis,  the  extent
 5    of  the recipient's needs, and the requirements and costs for
 6    maintaining  such  equipment.   Such  rules  shall  enable  a
 7    recipient to  temporarily  acquire  and  use  alternative  or
 8    substitute   devices   or   equipment   pending   repairs  or
 9    replacements of any device or equipment previously authorized
10    for such recipient by the Department. Rules under clause  (2)
11    above  shall  not  provide  for purchase or lease-purchase of
12    durable medical equipment or supplies used for the purpose of
13    oxygen delivery and respiratory care.
14        The Department shall execute,  relative  to  the  nursing
15    home  prescreening  project,  written inter-agency agreements
16    with the Department of Human Services and the  Department  on
17    Aging,  to  effect  the  following: (i) intake procedures and
18    common  eligibility  criteria  for  those  persons  who   are
19    receiving    non-institutional   services;   and   (ii)   the
20    establishment and development of  non-institutional  services
21    in  areas of the State where they are not currently available
22    or are undeveloped.
23        The Illinois Department shall  develop  and  operate,  in
24    cooperation  with other State Departments and agencies and in
25    compliance with  applicable  federal  laws  and  regulations,
26    appropriate  and  effective systems of health care evaluation
27    and programs for monitoring of  utilization  of  health  care
28    services  and  facilities, as it affects persons eligible for
29    medical assistance under this Code. The  Illinois  Department
30    shall  report  regularly the results of the operation of such
31    systems and programs  to  the  Citizens  Assembly/Council  on
32    Public  Aid  to  enable the Committee to ensure, from time to
33    time, that these programs are effective and meaningful.
34        The Illinois Department  shall  report  annually  to  the
 
                            -10-     LRB093 10992 DRJ 11617 b
 1    General Assembly, no later than the second Friday in April of
 2    1979 and each year thereafter, in regard to:
 3             (a)  actual  statistics and trends in utilization of
 4        medical services by public aid recipients;
 5             (b)  actual statistics and trends in  the  provision
 6        of the various medical services by medical vendors;
 7             (c)  current rate structures and proposed changes in
 8        those  rate  structures  for the various medical vendors;
 9        and
10             (d)  efforts at utilization review  and  control  by
11        the Illinois Department.
12        The  period  covered  by each report shall be the 3 years
13    ending on the June 30 prior to the report.  The report  shall
14    include   suggested  legislation  for  consideration  by  the
15    General Assembly.  The filing of one copy of the report  with
16    the  Speaker,  one copy with the Minority Leader and one copy
17    with the Clerk of the House of Representatives, one copy with
18    the President, one copy with the Minority Leader and one copy
19    with  the  Secretary  of  the  Senate,  one  copy  with   the
20    Legislative  Research  Unit,  such additional copies with the
21    State Government Report Distribution Center for  the  General
22    Assembly  as  is required under paragraph (t) of Section 7 of
23    the  State  Library  Act  and  one  copy  with  the  Citizens
24    Assembly/Council on Public Aid  or  its  successor  shall  be
25    deemed sufficient to comply with this Section.
26    (Source:  P.A.  91-344,  eff.  1-1-00;  91-462,  eff. 8-6-99;
27    91-666, eff. 12-22-99;  92-16,  eff.  6-28-01;  92-651,  eff.
28    7-11-02; 92-789, eff. 8-6-02.)

29        Section  99.  Effective date.  This Act takes effect upon
30    becoming law.