Full Text of HB5019 95th General Assembly
HB5019ham002 95TH GENERAL ASSEMBLY
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Rep. Esther Golar
Filed: 4/10/2008
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09500HB5019ham002 |
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LRB095 15142 RPM 49145 a |
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| AMENDMENT TO HOUSE BILL 5019
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| AMENDMENT NO. ______. Amend House Bill 5019, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following: | 5 |
| "Section 5. The Children's Health Insurance Program Act is | 6 |
| amended by adding Section 65 as follows: | 7 |
| (215 ILCS 106/65 new) | 8 |
| Sec. 65. Fee schedule. Beginning on January 1, 2009, | 9 |
| reimbursement for any physician service must not be lower than | 10 |
| 60% of Medicare reimbursement in accordance with the Medicare | 11 |
| payment localities for Illinois. The physician fee schedule | 12 |
| rates must be adjusted to no lower than 80% of Medicare | 13 |
| reimbursement by January 1, 2010, and no lower than 100% of | 14 |
| Medicare reimbursement by January 1, 2011. All adjustments | 15 |
| shall be made without lowering any existing rates that may be | 16 |
| higher than the level required by this Section. Reimbursement |
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| rules and policies shall not be more restrictive than Medicare | 2 |
| physician payment rules and policies by January 1, 2010. | 3 |
| Payment for services must be made within 30 days after receipt | 4 |
| of a bill or claim for payment in accordance with Section 368a | 5 |
| of the Illinois Insurance Code. | 6 |
| Notwithstanding any other rulemaking authority that may | 7 |
| exist, neither the Governor nor any agency or agency head under | 8 |
| the jurisdiction of the Governor has any authority to make or | 9 |
| promulgate rules to implement or enforce the provisions of this | 10 |
| amendatory Act of the 95th General Assembly. If, however, the | 11 |
| Governor believes that rules are necessary to implement or | 12 |
| enforce the provisions of this amendatory Act of the 95th | 13 |
| General Assembly, the Governor may suggest rules to the General | 14 |
| Assembly by filing them with the Clerk of the House and the | 15 |
| Secretary of the Senate and by requesting that the General | 16 |
| Assembly authorize such rulemaking by law, enact those | 17 |
| suggested rules into law, or take any other appropriate action | 18 |
| in the General Assembly's discretion. Nothing contained in this | 19 |
| amendatory Act of the 95th General Assembly shall be | 20 |
| interpreted to grant rulemaking authority under any other | 21 |
| Illinois statute where such authority is not otherwise | 22 |
| explicitly given. For the purposes of this amendatory Act of | 23 |
| the 95th General Assembly, "rules" is given the meaning | 24 |
| contained in Section 1-70 of the Illinois Administrative | 25 |
| Procedure Act, and "agency" and "agency head" are given the | 26 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois |
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LRB095 15142 RPM 49145 a |
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| Administrative Procedure Act to the extent that such | 2 |
| definitions apply to agencies or agency heads under the | 3 |
| jurisdiction of the Governor. | 4 |
| Section 10. The Covering ALL KIDS Health Insurance Act is | 5 |
| amended by adding Section 52.5 as follows: | 6 |
| (215 ILCS 170/52.5 new) | 7 |
| Sec. 52.5. Fee schedule. Beginning on January 1, 2009, the | 8 |
| physician fee schedule for the Covering ALL KIDS Insurance | 9 |
| Program for any physician service must not be lower than 60% of | 10 |
| Medicare reimbursement in accordance with the Medicare payment | 11 |
| localities for Illinois. The physician fee schedule rates must | 12 |
| be adjusted to no lower than 80% of Medicare reimbursement by | 13 |
| January 1, 2010, and no lower than 100% of Medicare | 14 |
| reimbursement by January 1, 2011. All adjustments shall be made | 15 |
| without lowering any existing rates that may be higher than the | 16 |
| level required by this Section. Reimbursement rules and | 17 |
| policies shall not be more restrictive than Medicare physician | 18 |
| payment rules and policies by January 1, 2010. Payment for | 19 |
| services must be made within 30 days after receipt of a bill or | 20 |
| claim for payment in accordance with Section 368a of the | 21 |
| Illinois Insurance Code. | 22 |
| Notwithstanding any other rulemaking authority that may | 23 |
| exist, neither the Governor nor any agency or agency head under | 24 |
| the jurisdiction of the Governor has any authority to make or |
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09500HB5019ham002 |
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LRB095 15142 RPM 49145 a |
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| promulgate rules to implement or enforce the provisions of this | 2 |
| amendatory Act of the 95th General Assembly. If, however, the | 3 |
| Governor believes that rules are necessary to implement or | 4 |
| enforce the provisions of this amendatory Act of the 95th | 5 |
| General Assembly, the Governor may suggest rules to the General | 6 |
| Assembly by filing them with the Clerk of the House and the | 7 |
| Secretary of the Senate and by requesting that the General | 8 |
| Assembly authorize such rulemaking by law, enact those | 9 |
| suggested rules into law, or take any other appropriate action | 10 |
| in the General Assembly's discretion. Nothing contained in this | 11 |
| amendatory Act of the 95th General Assembly shall be | 12 |
| interpreted to grant rulemaking authority under any other | 13 |
| Illinois statute where such authority is not otherwise | 14 |
| explicitly given. For the purposes of this amendatory Act of | 15 |
| the 95th General Assembly, "rules" is given the meaning | 16 |
| contained in Section 1-70 of the Illinois Administrative | 17 |
| Procedure Act, and "agency" and "agency head" are given the | 18 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 19 |
| Administrative Procedure Act to the extent that such | 20 |
| definitions apply to agencies or agency heads under the | 21 |
| jurisdiction of the Governor. | 22 |
| Section 15. The Illinois Public Aid Code is amended by | 23 |
| adding Section 5-5.05 as follows: | 24 |
| (305 ILCS 5/5-5.05 new) |
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LRB095 15142 RPM 49145 a |
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| Sec. 5-5.05. Fee schedule. Notwithstanding any other | 2 |
| provision of this Article, beginning on January 1, 2009, | 3 |
| reimbursement for any physician service must not be lower than | 4 |
| 60% of Medicare reimbursement in accordance with the Medicare | 5 |
| payment localities for Illinois. The physician fee schedule | 6 |
| rates must be adjusted to no lower than 80% of Medicare | 7 |
| reimbursement by January 1, 2010, and no lower than 100% of | 8 |
| Medicare reimbursement by January 1, 2011. All adjustments | 9 |
| shall be made without lowering any existing rates that may be | 10 |
| higher than the level required by this Section. Reimbursement | 11 |
| rules and policies shall not be more restrictive than Medicare | 12 |
| physician payment rules and policies by January 1, 2010. | 13 |
| Payment for services must be made within 30 days after receipt | 14 |
| of a bill or claim or payment in accordance with Section 368a | 15 |
| of the Illinois Insurance Code. | 16 |
| Notwithstanding any other rulemaking authority that may | 17 |
| exist, neither the Governor nor any agency or agency head under | 18 |
| the jurisdiction of the Governor has any authority to make or | 19 |
| promulgate rules to implement or enforce the provisions of this | 20 |
| amendatory Act of the 95th General Assembly. If, however, the | 21 |
| Governor believes that rules are necessary to implement or | 22 |
| enforce the provisions of this amendatory Act of the 95th | 23 |
| General Assembly, the Governor may suggest rules to the General | 24 |
| Assembly by filing them with the Clerk of the House and the | 25 |
| Secretary of the Senate and by requesting that the General | 26 |
| Assembly authorize such rulemaking by law, enact those |
|
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09500HB5019ham002 |
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LRB095 15142 RPM 49145 a |
|
| 1 |
| suggested rules into law, or take any other appropriate action | 2 |
| in the General Assembly's discretion. Nothing contained in this | 3 |
| amendatory Act of the 95th General Assembly shall be | 4 |
| interpreted to grant rulemaking authority under any other | 5 |
| Illinois statute where such authority is not otherwise | 6 |
| explicitly given. For the purposes of this amendatory Act of | 7 |
| the 95th General Assembly, "rules" is given the meaning | 8 |
| contained in Section 1-70 of the Illinois Administrative | 9 |
| Procedure Act, and "agency" and "agency head" are given the | 10 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 11 |
| Administrative Procedure Act to the extent that such | 12 |
| definitions apply to agencies or agency heads under the | 13 |
| jurisdiction of the Governor.
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| Section 99. Effective date. This Act takes effect upon | 15 |
| becoming law.".
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