Full Text of SB2429 100th General Assembly
SB2429eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning 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 Sections 5-5, 5-30, and 5-30.1 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 rate | 9 | | of reimbursement for the
medical assistance for which
payment | 10 | | will be authorized, and the medical services to be provided,
| 11 | | which may include all or part of the following: (1) inpatient | 12 | | hospital
services; (2) outpatient hospital services; (3) other | 13 | | laboratory and
X-ray services; (4) skilled nursing home | 14 | | services; (5) physicians'
services whether furnished in the | 15 | | office, the patient's home, a
hospital, a skilled nursing home, | 16 | | or elsewhere; (6) medical care, or any
other type of remedial | 17 | | care furnished by licensed practitioners; (7)
home health care | 18 | | services; (8) private duty nursing service; (9) clinic
| 19 | | services; (10) dental services, including prevention and | 20 | | treatment of periodontal disease and dental caries disease for | 21 | | pregnant women, provided by an individual licensed to practice | 22 | | dentistry or dental surgery; for purposes of this item (10), | 23 | | "dental services" means diagnostic, preventive, or corrective |
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| 1 | | procedures provided by or under the supervision of a dentist in | 2 | | the practice of his or her profession; (11) physical therapy | 3 | | and related
services; (12) prescribed drugs, dentures, and | 4 | | prosthetic devices; and
eyeglasses prescribed by a physician | 5 | | skilled in the diseases of the eye,
or by an optometrist, | 6 | | whichever the person may select; (13) other
diagnostic, | 7 | | screening, preventive, and rehabilitative services, including | 8 | | to ensure that the individual's need for intervention or | 9 | | treatment of mental disorders or substance use disorders or | 10 | | co-occurring mental health and substance use disorders is | 11 | | determined using a uniform screening, assessment, and | 12 | | evaluation process inclusive of criteria, for children and | 13 | | adults; for purposes of this item (13), a uniform screening, | 14 | | assessment, and evaluation process refers to a process that | 15 | | includes an appropriate evaluation and, as warranted, a | 16 | | referral; "uniform" does not mean the use of a singular | 17 | | instrument, tool, or process that all must utilize; (14)
| 18 | | transportation and such other expenses as may be necessary; | 19 | | (15) medical
treatment of sexual assault survivors, as defined | 20 | | in
Section 1a of the Sexual Assault Survivors Emergency | 21 | | Treatment Act, for
injuries sustained as a result of the sexual | 22 | | assault, including
examinations and laboratory tests to | 23 | | discover evidence which may be used in
criminal proceedings | 24 | | arising from the sexual assault; (16) the
diagnosis and | 25 | | treatment of sickle cell anemia; and (17)
any other medical | 26 | | care, and any other type of remedial care recognized
under the |
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| 1 | | laws of this State. The term "any other type of remedial care" | 2 | | shall
include nursing care and nursing home service for persons | 3 | | who rely on
treatment by spiritual means alone through prayer | 4 | | for healing.
| 5 | | Notwithstanding any other provision of this Section, a | 6 | | comprehensive
tobacco use cessation program that includes | 7 | | purchasing prescription drugs or
prescription medical devices | 8 | | approved by the Food and Drug Administration shall
be covered | 9 | | under the medical assistance
program under this Article for | 10 | | persons who are otherwise eligible for
assistance under this | 11 | | Article.
| 12 | | Notwithstanding any other provision of this Code, | 13 | | reproductive health care that is otherwise legal in Illinois | 14 | | shall be covered under the medical assistance program for | 15 | | persons who are otherwise eligible for medical assistance under | 16 | | this Article. | 17 | | Notwithstanding any other provision of this Code, the | 18 | | Illinois
Department may not require, as a condition of payment | 19 | | for any laboratory
test authorized under this Article, that a | 20 | | physician's handwritten signature
appear on the laboratory | 21 | | test order form. The Illinois Department may,
however, impose | 22 | | other appropriate requirements regarding laboratory test
order | 23 | | documentation.
| 24 | | Upon receipt of federal approval of an amendment to the | 25 | | Illinois Title XIX State Plan for this purpose, the Department | 26 | | shall authorize the Chicago Public Schools (CPS) to procure a |
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| 1 | | vendor or vendors to manufacture eyeglasses for individuals | 2 | | enrolled in a school within the CPS system. CPS shall ensure | 3 | | that its vendor or vendors are enrolled as providers in the | 4 | | medical assistance program and in any capitated Medicaid | 5 | | managed care entity (MCE) serving individuals enrolled in a | 6 | | school within the CPS system. Under any contract procured under | 7 | | this provision, the vendor or vendors must serve only | 8 | | individuals enrolled in a school within the CPS system. Claims | 9 | | for services provided by CPS's vendor or vendors to recipients | 10 | | of benefits in the medical assistance program under this Code, | 11 | | the Children's Health Insurance Program, or the Covering ALL | 12 | | KIDS Health Insurance Program shall be submitted to the | 13 | | Department or the MCE in which the individual is enrolled for | 14 | | payment and shall be reimbursed at the Department's or the | 15 | | MCE's established rates or rate methodologies for eyeglasses. | 16 | | On and after July 1, 2012, the Department of Healthcare and | 17 | | Family Services may provide the following services to
persons
| 18 | | eligible for assistance under this Article who are | 19 | | participating in
education, training or employment programs | 20 | | operated by the Department of Human
Services as successor to | 21 | | the Department of Public Aid:
| 22 | | (1) dental services provided by or under the | 23 | | supervision of a dentist; and
| 24 | | (2) eyeglasses prescribed by a physician skilled in the | 25 | | diseases of the
eye, or by an optometrist, whichever the | 26 | | person may select.
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| 1 | | On and after July 1, 2018, the Department of Healthcare and | 2 | | Family Services shall provide dental services to any adult who | 3 | | is otherwise eligible for assistance under the medical | 4 | | assistance program. As used in this paragraph, "dental | 5 | | services" means diagnostic, preventative, restorative, or | 6 | | corrective procedures, including procedures and services for | 7 | | the prevention and treatment of periodontal disease and dental | 8 | | caries disease, provided by an individual who is licensed to | 9 | | practice dentistry or dental surgery or who is under the | 10 | | supervision of a dentist in the practice of his or her | 11 | | profession. | 12 | | On and after July 1, 2018, targeted dental services, as set | 13 | | forth in Exhibit D of the Consent Decree entered by the United | 14 | | States District Court for the Northern District of Illinois, | 15 | | Eastern Division, in the matter of Memisovski v. Maram, Case | 16 | | No. 92 C 1982, that are provided to adults under the medical | 17 | | assistance program shall be established at no less than the | 18 | | rates set forth in the "New Rate" column in Exhibit D of the | 19 | | Consent Decree for targeted dental services that are provided | 20 | | to persons under the age of 18 under the medical assistance | 21 | | program. | 22 | | Notwithstanding any other provision of this Code and | 23 | | subject to federal approval, the Department may adopt rules to | 24 | | allow a dentist who is volunteering his or her service at no | 25 | | cost to render dental services through an enrolled | 26 | | not-for-profit health clinic without the dentist personally |
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| 1 | | enrolling as a participating provider in the medical assistance | 2 | | program. A not-for-profit health clinic shall include a public | 3 | | health clinic or Federally Qualified Health Center or other | 4 | | enrolled provider, as determined by the Department, through | 5 | | which dental services covered under this Section are performed. | 6 | | The Department shall establish a process for payment of claims | 7 | | for reimbursement for covered dental services rendered under | 8 | | this provision. | 9 | | The Illinois Department, by rule, may distinguish and | 10 | | classify the
medical services to be provided only in accordance | 11 | | with the classes of
persons designated in Section 5-2.
| 12 | | The Department of Healthcare and Family Services must | 13 | | provide coverage and reimbursement for amino acid-based | 14 | | elemental formulas, regardless of delivery method, for the | 15 | | diagnosis and treatment of (i) eosinophilic disorders and (ii) | 16 | | short bowel syndrome when the prescribing physician has issued | 17 | | a written order stating that the amino acid-based elemental | 18 | | formula is medically necessary.
| 19 | | The Illinois Department shall authorize the provision of, | 20 | | and shall
authorize payment for, screening by low-dose | 21 | | mammography for the presence of
occult breast cancer for women | 22 | | 35 years of age or older who are eligible
for medical | 23 | | assistance under this Article, as follows: | 24 | | (A) A baseline
mammogram for women 35 to 39 years of | 25 | | age.
| 26 | | (B) An annual mammogram for women 40 years of age or |
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| 1 | | older. | 2 | | (C) A mammogram at the age and intervals considered | 3 | | medically necessary by the woman's health care provider for | 4 | | women under 40 years of age and having a family history of | 5 | | breast cancer, prior personal history of breast cancer, | 6 | | positive genetic testing, or other risk factors. | 7 | | (D) A comprehensive ultrasound screening and MRI of an | 8 | | entire breast or breasts if a mammogram demonstrates | 9 | | heterogeneous or dense breast tissue, when medically | 10 | | necessary as determined by a physician licensed to practice | 11 | | medicine in all of its branches. | 12 | | (E) A screening MRI when medically necessary, as | 13 | | determined by a physician licensed to practice medicine in | 14 | | all of its branches. | 15 | | All screenings
shall
include a physical breast exam, | 16 | | instruction on self-examination and
information regarding the | 17 | | frequency of self-examination and its value as a
preventative | 18 | | tool. For purposes of this Section, "low-dose mammography" | 19 | | means
the x-ray examination of the breast using equipment | 20 | | dedicated specifically
for mammography, including the x-ray | 21 | | tube, filter, compression device,
and image receptor, with an | 22 | | average radiation exposure delivery
of less than one rad per | 23 | | breast for 2 views of an average size breast.
The term also | 24 | | includes digital mammography and includes breast | 25 | | tomosynthesis. As used in this Section, the term "breast | 26 | | tomosynthesis" means a radiologic procedure that involves the |
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| 1 | | acquisition of projection images over the stationary breast to | 2 | | produce cross-sectional digital three-dimensional images of | 3 | | the breast. If, at any time, the Secretary of the United States | 4 | | Department of Health and Human Services, or its successor | 5 | | agency, promulgates rules or regulations to be published in the | 6 | | Federal Register or publishes a comment in the Federal Register | 7 | | or issues an opinion, guidance, or other action that would | 8 | | require the State, pursuant to any provision of the Patient | 9 | | Protection and Affordable Care Act (Public Law 111-148), | 10 | | including, but not limited to, 42 U.S.C. 18031(d)(3)(B) or any | 11 | | successor provision, to defray the cost of any coverage for | 12 | | breast tomosynthesis outlined in this paragraph, then the | 13 | | requirement that an insurer cover breast tomosynthesis is | 14 | | inoperative other than any such coverage authorized under | 15 | | Section 1902 of the Social Security Act, 42 U.S.C. 1396a, and | 16 | | the State shall not assume any obligation for the cost of | 17 | | coverage for breast tomosynthesis set forth in this paragraph.
| 18 | | On and after January 1, 2016, the Department shall ensure | 19 | | that all networks of care for adult clients of the Department | 20 | | include access to at least one breast imaging Center of Imaging | 21 | | Excellence as certified by the American College of Radiology. | 22 | | On and after January 1, 2012, providers participating in a | 23 | | quality improvement program approved by the Department shall be | 24 | | reimbursed for screening and diagnostic mammography at the same | 25 | | rate as the Medicare program's rates, including the increased | 26 | | reimbursement for digital mammography. |
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| 1 | | The Department shall convene an expert panel including | 2 | | representatives of hospitals, free-standing mammography | 3 | | facilities, and doctors, including radiologists, to establish | 4 | | quality standards for mammography. | 5 | | On and after January 1, 2017, providers participating in a | 6 | | breast cancer treatment quality improvement program approved | 7 | | by the Department shall be reimbursed for breast cancer | 8 | | treatment at a rate that is no lower than 95% of the Medicare | 9 | | program's rates for the data elements included in the breast | 10 | | cancer treatment quality program. | 11 | | The Department shall convene an expert panel, including | 12 | | representatives of hospitals, free standing breast cancer | 13 | | treatment centers, breast cancer quality organizations, and | 14 | | doctors, including breast surgeons, reconstructive breast | 15 | | surgeons, oncologists, and primary care providers to establish | 16 | | quality standards for breast cancer treatment. | 17 | | Subject to federal approval, the Department shall | 18 | | establish a rate methodology for mammography at federally | 19 | | qualified health centers and other encounter-rate clinics. | 20 | | These clinics or centers may also collaborate with other | 21 | | hospital-based mammography facilities. By January 1, 2016, the | 22 | | Department shall report to the General Assembly on the status | 23 | | of the provision set forth in this paragraph. | 24 | | The Department shall establish a methodology to remind | 25 | | women who are age-appropriate for screening mammography, but | 26 | | who have not received a mammogram within the previous 18 |
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| 1 | | months, of the importance and benefit of screening mammography. | 2 | | The Department shall work with experts in breast cancer | 3 | | outreach and patient navigation to optimize these reminders and | 4 | | shall establish a methodology for evaluating their | 5 | | effectiveness and modifying the methodology based on the | 6 | | evaluation. | 7 | | The Department shall establish a performance goal for | 8 | | primary care providers with respect to their female patients | 9 | | over age 40 receiving an annual mammogram. This performance | 10 | | goal shall be used to provide additional reimbursement in the | 11 | | form of a quality performance bonus to primary care providers | 12 | | who meet that goal. | 13 | | The Department shall devise a means of case-managing or | 14 | | patient navigation for beneficiaries diagnosed with breast | 15 | | cancer. This program shall initially operate as a pilot program | 16 | | in areas of the State with the highest incidence of mortality | 17 | | related to breast cancer. At least one pilot program site shall | 18 | | be in the metropolitan Chicago area and at least one site shall | 19 | | be outside the metropolitan Chicago area. On or after July 1, | 20 | | 2016, the pilot program shall be expanded to include one site | 21 | | in western Illinois, one site in southern Illinois, one site in | 22 | | central Illinois, and 4 sites within metropolitan Chicago. An | 23 | | evaluation of the pilot program shall be carried out measuring | 24 | | health outcomes and cost of care for those served by the pilot | 25 | | program compared to similarly situated patients who are not | 26 | | served by the pilot program. |
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| 1 | | The Department shall require all networks of care to | 2 | | develop a means either internally or by contract with experts | 3 | | in navigation and community outreach to navigate cancer | 4 | | patients to comprehensive care in a timely fashion. The | 5 | | Department shall require all networks of care to include access | 6 | | for patients diagnosed with cancer to at least one academic | 7 | | commission on cancer-accredited cancer program as an | 8 | | in-network covered benefit. | 9 | | Any medical or health care provider shall immediately | 10 | | recommend, to
any pregnant woman who is being provided prenatal | 11 | | services and is suspected
of drug abuse or is addicted as | 12 | | defined in the Alcoholism and Other Drug Abuse
and Dependency | 13 | | Act, referral to a local substance abuse treatment provider
| 14 | | licensed by the Department of Human Services or to a licensed
| 15 | | hospital which provides substance abuse treatment services. | 16 | | The Department of Healthcare and Family Services
shall assure | 17 | | coverage for the cost of treatment of the drug abuse or
| 18 | | addiction for pregnant recipients in accordance with the | 19 | | Illinois Medicaid
Program in conjunction with the Department of | 20 | | Human Services.
| 21 | | All medical providers providing medical assistance to | 22 | | pregnant women
under this Code shall receive information from | 23 | | the Department on the
availability of services under the Drug | 24 | | Free Families with a Future or any
comparable program providing | 25 | | case management services for addicted women,
including | 26 | | information on appropriate referrals for other social services
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| 1 | | that may be needed by addicted women in addition to treatment | 2 | | for addiction.
| 3 | | The Illinois Department, in cooperation with the | 4 | | Departments of Human
Services (as successor to the Department | 5 | | of Alcoholism and Substance
Abuse) and Public Health, through a | 6 | | public awareness campaign, may
provide information concerning | 7 | | treatment for alcoholism and drug abuse and
addiction, prenatal | 8 | | health care, and other pertinent programs directed at
reducing | 9 | | the number of drug-affected infants born to recipients of | 10 | | medical
assistance.
| 11 | | Neither the Department of Healthcare and Family Services | 12 | | nor the Department of Human
Services shall sanction the | 13 | | recipient solely on the basis of
her substance abuse.
| 14 | | The Illinois Department shall establish such regulations | 15 | | governing
the dispensing of health services under this Article | 16 | | as it shall deem
appropriate. The Department
should
seek the | 17 | | advice of formal professional advisory committees appointed by
| 18 | | the Director of the Illinois Department for the purpose of | 19 | | providing regular
advice on policy and administrative matters, | 20 | | information dissemination and
educational activities for | 21 | | medical and health care providers, and
consistency in | 22 | | procedures to the Illinois Department.
| 23 | | The Illinois Department may develop and contract with | 24 | | Partnerships of
medical providers to arrange medical services | 25 | | for persons eligible under
Section 5-2 of this Code. | 26 | | Implementation of this Section may be by
demonstration projects |
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| 1 | | in certain geographic areas. The Partnership shall
be | 2 | | represented by a sponsor organization. The Department, by rule, | 3 | | shall
develop qualifications for sponsors of Partnerships. | 4 | | Nothing in this
Section shall be construed to require that the | 5 | | sponsor organization be a
medical organization.
| 6 | | The sponsor must negotiate formal written contracts with | 7 | | medical
providers for physician services, inpatient and | 8 | | outpatient hospital care,
home health services, treatment for | 9 | | alcoholism and substance abuse, and
other services determined | 10 | | necessary by the Illinois Department by rule for
delivery by | 11 | | Partnerships. Physician services must include prenatal and
| 12 | | obstetrical care. The Illinois Department shall reimburse | 13 | | medical services
delivered by Partnership providers to clients | 14 | | in target areas according to
provisions of this Article and the | 15 | | Illinois Health Finance Reform Act,
except that:
| 16 | | (1) Physicians participating in a Partnership and | 17 | | providing certain
services, which shall be determined by | 18 | | the Illinois Department, to persons
in areas covered by the | 19 | | Partnership may receive an additional surcharge
for such | 20 | | services.
| 21 | | (2) The Department may elect to consider and negotiate | 22 | | financial
incentives to encourage the development of | 23 | | Partnerships and the efficient
delivery of medical care.
| 24 | | (3) Persons receiving medical services through | 25 | | Partnerships may receive
medical and case management | 26 | | services above the level usually offered
through the |
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| 1 | | medical assistance program.
| 2 | | Medical providers shall be required to meet certain | 3 | | qualifications to
participate in Partnerships to ensure the | 4 | | delivery of high quality medical
services. These | 5 | | qualifications shall be determined by rule of the Illinois
| 6 | | Department and may be higher than qualifications for | 7 | | participation in the
medical assistance program. Partnership | 8 | | sponsors may prescribe reasonable
additional qualifications | 9 | | for participation by medical providers, only with
the prior | 10 | | written approval of the Illinois Department.
| 11 | | Nothing in this Section shall limit the free choice of | 12 | | practitioners,
hospitals, and other providers of medical | 13 | | services by clients.
In order to ensure patient freedom of | 14 | | choice, the Illinois Department shall
immediately promulgate | 15 | | all rules and take all other necessary actions so that
provided | 16 | | services may be accessed from therapeutically certified | 17 | | optometrists
to the full extent of the Illinois Optometric | 18 | | Practice Act of 1987 without
discriminating between service | 19 | | providers.
| 20 | | The Department shall apply for a waiver from the United | 21 | | States Health
Care Financing Administration to allow for the | 22 | | implementation of
Partnerships under this Section.
| 23 | | The Illinois Department shall require health care | 24 | | providers to maintain
records that document the medical care | 25 | | and services provided to recipients
of Medical Assistance under | 26 | | this Article. Such records must be retained for a period of not |
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| 1 | | less than 6 years from the date of service or as provided by | 2 | | applicable State law, whichever period is longer, except that | 3 | | if an audit is initiated within the required retention period | 4 | | then the records must be retained until the audit is completed | 5 | | and every exception is resolved. The Illinois Department shall
| 6 | | require health care providers to make available, when | 7 | | authorized by the
patient, in writing, the medical records in a | 8 | | timely fashion to other
health care providers who are treating | 9 | | or serving persons eligible for
Medical Assistance under this | 10 | | Article. All dispensers of medical services
shall be required | 11 | | to maintain and retain business and professional records
| 12 | | sufficient to fully and accurately document the nature, scope, | 13 | | details and
receipt of the health care provided to persons | 14 | | eligible for medical
assistance under this Code, in accordance | 15 | | with regulations promulgated by
the Illinois Department. The | 16 | | rules and regulations shall require that proof
of the receipt | 17 | | of 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 such | 20 | | medical services.
No such claims for reimbursement shall be | 21 | | approved for payment by the Illinois
Department without such | 22 | | proof of receipt, unless the Illinois Department
shall have put | 23 | | into effect and shall be operating a system of post-payment
| 24 | | audit and review which shall, on a sampling basis, be deemed | 25 | | adequate by
the Illinois Department to assure that such drugs, | 26 | | dentures, prosthetic
devices and eyeglasses for which payment |
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| 1 | | is being made are actually being
received by eligible | 2 | | recipients. Within 90 days after September 16, 1984 (the | 3 | | effective date of Public Act 83-1439), the Illinois Department | 4 | | shall establish a
current list of acquisition costs for all | 5 | | prosthetic devices and any
other items recognized as medical | 6 | | equipment and supplies reimbursable under
this Article and | 7 | | shall update such list on a quarterly basis, except that
the | 8 | | acquisition costs of all prescription drugs shall be updated no
| 9 | | less frequently than every 30 days as required by Section | 10 | | 5-5.12.
| 11 | | Notwithstanding any other law to the contrary, the Illinois | 12 | | Department shall, within 365 days after July 22, 2013 (the | 13 | | effective date of Public Act 98-104), establish procedures to | 14 | | permit skilled care facilities licensed under the Nursing Home | 15 | | Care Act to submit monthly billing claims for reimbursement | 16 | | purposes. Following development of these procedures, the | 17 | | Department shall, by July 1, 2016, test the viability of the | 18 | | new system and implement any necessary operational or | 19 | | structural changes to its information technology platforms in | 20 | | order to allow for the direct acceptance and payment of nursing | 21 | | home claims. | 22 | | Notwithstanding any other law to the contrary, the Illinois | 23 | | Department shall, within 365 days after August 15, 2014 (the | 24 | | effective date of Public Act 98-963), establish procedures to | 25 | | permit ID/DD facilities licensed under the ID/DD Community Care | 26 | | Act and MC/DD facilities licensed under the MC/DD Act to submit |
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| 1 | | monthly billing claims for reimbursement purposes. Following | 2 | | development of these procedures, the Department shall have an | 3 | | additional 365 days to test the viability of the new system and | 4 | | to ensure that any necessary operational or structural changes | 5 | | to its information technology platforms are implemented. | 6 | | The Illinois Department shall require all dispensers of | 7 | | medical
services, other than an individual practitioner or | 8 | | group of practitioners,
desiring to participate in the Medical | 9 | | Assistance program
established under this Article to disclose | 10 | | all financial, beneficial,
ownership, equity, surety or other | 11 | | interests in any and all firms,
corporations, partnerships, | 12 | | associations, business enterprises, joint
ventures, agencies, | 13 | | institutions or other legal entities providing any
form of | 14 | | health care services in this State under this Article.
| 15 | | The Illinois Department may require that all dispensers of | 16 | | medical
services desiring to participate in the medical | 17 | | assistance program
established under this Article disclose, | 18 | | under such terms and conditions as
the Illinois Department may | 19 | | by rule establish, all inquiries from clients
and attorneys | 20 | | regarding medical bills paid by the Illinois Department, which
| 21 | | inquiries could indicate potential existence of claims or liens | 22 | | for the
Illinois Department.
| 23 | | Enrollment of a vendor
shall be
subject to a provisional | 24 | | period and shall be conditional for one year. During the period | 25 | | of conditional enrollment, the Department may
terminate the | 26 | | vendor's eligibility to participate in, or may disenroll the |
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| 1 | | vendor from, the medical assistance
program without cause. | 2 | | Unless otherwise specified, such termination of eligibility or | 3 | | disenrollment is not subject to the
Department's hearing | 4 | | process.
However, a disenrolled vendor may reapply without | 5 | | penalty.
| 6 | | The Department has the discretion to limit the conditional | 7 | | enrollment period for vendors based upon category of risk of | 8 | | the vendor. | 9 | | Prior to enrollment and during the conditional enrollment | 10 | | period in the medical assistance program, all vendors shall be | 11 | | subject to enhanced oversight, screening, and review based on | 12 | | the risk of fraud, waste, and abuse that is posed by the | 13 | | category of risk of the vendor. The Illinois Department shall | 14 | | establish the procedures for oversight, screening, and review, | 15 | | which may include, but need not be limited to: criminal and | 16 | | financial background checks; fingerprinting; license, | 17 | | certification, and authorization verifications; unscheduled or | 18 | | unannounced site visits; database checks; prepayment audit | 19 | | reviews; audits; payment caps; payment suspensions; and other | 20 | | screening as required by federal or State law. | 21 | | The Department shall define or specify the following: (i) | 22 | | by provider notice, the "category of risk of the vendor" for | 23 | | each type of vendor, which shall take into account the level of | 24 | | screening applicable to a particular category of vendor under | 25 | | federal law and regulations; (ii) by rule or provider notice, | 26 | | the maximum length of the conditional enrollment period for |
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| 1 | | each category of risk of the vendor; and (iii) by rule, the | 2 | | hearing rights, if any, afforded to a vendor in each category | 3 | | of risk of the vendor that is terminated or disenrolled during | 4 | | the conditional enrollment period. | 5 | | To be eligible for payment consideration, a vendor's | 6 | | payment claim or bill, either as an initial claim or as a | 7 | | resubmitted claim following prior rejection, must be received | 8 | | by the Illinois Department, or its fiscal intermediary, no | 9 | | later than 180 days after the latest date on the claim on which | 10 | | medical goods or services were provided, with the following | 11 | | exceptions: | 12 | | (1) In the case of a provider whose enrollment is in | 13 | | process by the Illinois Department, the 180-day period | 14 | | shall not begin until the date on the written notice from | 15 | | the Illinois Department that the provider enrollment is | 16 | | complete. | 17 | | (2) In the case of errors attributable to the Illinois | 18 | | Department or any of its claims processing intermediaries | 19 | | which result in an inability to receive, process, or | 20 | | adjudicate a claim, the 180-day period shall not begin | 21 | | until the provider has been notified of the error. | 22 | | (3) In the case of a provider for whom the Illinois | 23 | | Department initiates the monthly billing process. | 24 | | (4) In the case of a provider operated by a unit of | 25 | | local government with a population exceeding 3,000,000 | 26 | | when local government funds finance federal participation |
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| 1 | | for claims payments. | 2 | | For claims for services rendered during a period for which | 3 | | a recipient received retroactive eligibility, claims must be | 4 | | filed within 180 days after the Department determines the | 5 | | applicant is eligible. For claims for which the Illinois | 6 | | Department is not the primary payer, claims must be submitted | 7 | | to the Illinois Department within 180 days after the final | 8 | | adjudication by the primary payer. | 9 | | In the case of long term care facilities, within 45 | 10 | | calendar days of receipt by the facility of required | 11 | | prescreening information, new admissions with associated | 12 | | admission documents shall be submitted through the Medical | 13 | | Electronic Data Interchange (MEDI) or the Recipient | 14 | | Eligibility Verification (REV) System or shall be submitted | 15 | | directly to the Department of Human Services using required | 16 | | admission forms. Effective September
1, 2014, admission | 17 | | documents, including all prescreening
information, must be | 18 | | submitted through MEDI or REV. Confirmation numbers assigned to | 19 | | an accepted transaction shall be retained by a facility to | 20 | | verify timely submittal. Once an admission transaction has been | 21 | | completed, all resubmitted claims following prior rejection | 22 | | are subject to receipt no later than 180 days after the | 23 | | admission transaction has been completed. | 24 | | Claims that are not submitted and received in compliance | 25 | | with the foregoing requirements shall not be eligible for | 26 | | payment under the medical assistance program, and the State |
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| 1 | | shall have no liability for payment of those claims. | 2 | | To the extent consistent with applicable information and | 3 | | privacy, security, and disclosure laws, State and federal | 4 | | agencies and departments shall provide the Illinois Department | 5 | | access to confidential and other information and data necessary | 6 | | to perform eligibility and payment verifications and other | 7 | | Illinois Department functions. This includes, but is not | 8 | | limited to: information pertaining to licensure; | 9 | | certification; earnings; immigration status; citizenship; wage | 10 | | reporting; unearned and earned income; pension income; | 11 | | employment; supplemental security income; social security | 12 | | numbers; National Provider Identifier (NPI) numbers; the | 13 | | National Practitioner Data Bank (NPDB); program and agency | 14 | | exclusions; taxpayer identification numbers; tax delinquency; | 15 | | corporate information; and death records. | 16 | | The Illinois Department shall enter into agreements with | 17 | | State agencies and departments, and is authorized to enter into | 18 | | agreements with federal agencies and departments, under which | 19 | | such agencies and departments shall share data necessary for | 20 | | medical assistance program integrity functions and oversight. | 21 | | The Illinois Department shall develop, in cooperation with | 22 | | other State departments and agencies, and in compliance with | 23 | | applicable federal laws and regulations, appropriate and | 24 | | effective methods to share such data. At a minimum, and to the | 25 | | extent necessary to provide data sharing, the Illinois | 26 | | Department shall enter into agreements with State agencies and |
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| 1 | | departments, and is authorized to enter into agreements with | 2 | | federal agencies and departments, including but not limited to: | 3 | | the Secretary of State; the Department of Revenue; the | 4 | | Department of Public Health; the Department of Human Services; | 5 | | and the Department of Financial and Professional Regulation. | 6 | | Beginning in fiscal year 2013, the Illinois Department | 7 | | shall set forth a request for information to identify the | 8 | | benefits of a pre-payment, post-adjudication, and post-edit | 9 | | claims system with the goals of streamlining claims processing | 10 | | and provider reimbursement, reducing the number of pending or | 11 | | rejected claims, and helping to ensure a more transparent | 12 | | adjudication process through the utilization of: (i) provider | 13 | | data verification and provider screening technology; and (ii) | 14 | | clinical code editing; and (iii) pre-pay, pre- or | 15 | | post-adjudicated predictive modeling with an integrated case | 16 | | management system with link analysis. Such a request for | 17 | | information shall not be considered as a request for proposal | 18 | | or as an obligation on the part of the Illinois Department to | 19 | | take any action or acquire any products or services. | 20 | | The Illinois Department shall establish policies, | 21 | | procedures,
standards and criteria by rule for the acquisition, | 22 | | repair and replacement
of orthotic and prosthetic devices and | 23 | | durable medical equipment. Such
rules shall provide, but not be | 24 | | limited to, the following services: (1)
immediate repair or | 25 | | replacement of such devices by recipients; and (2) rental, | 26 | | lease, purchase or lease-purchase of
durable medical equipment |
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| 1 | | in a cost-effective manner, taking into
consideration the | 2 | | recipient's medical prognosis, the extent of the
recipient's | 3 | | needs, and the requirements and costs for maintaining such
| 4 | | equipment. Subject to prior approval, such rules shall enable a | 5 | | recipient to temporarily acquire and
use alternative or | 6 | | substitute devices or equipment pending repairs or
| 7 | | replacements of any device or equipment previously authorized | 8 | | for such
recipient by the Department. Notwithstanding any | 9 | | provision of Section 5-5f to the contrary, the Department may, | 10 | | by rule, exempt certain replacement wheelchair parts from prior | 11 | | approval and, for wheelchairs, wheelchair parts, wheelchair | 12 | | accessories, and related seating and positioning items, | 13 | | determine the wholesale price by methods other than actual | 14 | | acquisition costs. | 15 | | The Department shall require, by rule, all providers of | 16 | | durable medical equipment to be accredited by an accreditation | 17 | | organization approved by the federal Centers for Medicare and | 18 | | Medicaid Services and recognized by the Department in order to | 19 | | bill the Department for providing durable medical equipment to | 20 | | recipients. No later than 15 months after the effective date of | 21 | | the rule adopted pursuant to this paragraph, all providers must | 22 | | meet the accreditation requirement.
| 23 | | The Department shall execute, relative to the nursing home | 24 | | prescreening
project, written inter-agency agreements with the | 25 | | Department of Human
Services and the Department on Aging, to | 26 | | effect the following: (i) intake
procedures and common |
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| 1 | | eligibility criteria for those persons who are receiving
| 2 | | non-institutional services; and (ii) the establishment and | 3 | | development of
non-institutional services in areas of the State | 4 | | where they are not currently
available or are undeveloped; and | 5 | | (iii) notwithstanding any other provision of law, subject to | 6 | | federal approval, on and after July 1, 2012, an increase in the | 7 | | determination of need (DON) scores from 29 to 37 for applicants | 8 | | for institutional and home and community-based long term care; | 9 | | if and only if federal approval is not granted, the Department | 10 | | may, in conjunction with other affected agencies, implement | 11 | | utilization controls or changes in benefit packages to | 12 | | effectuate a similar savings amount for this population; and | 13 | | (iv) no later than July 1, 2013, minimum level of care | 14 | | eligibility criteria for institutional and home and | 15 | | community-based long term care; and (v) no later than October | 16 | | 1, 2013, establish procedures to permit long term care | 17 | | providers access to eligibility scores for individuals with an | 18 | | admission date who are seeking or receiving services from the | 19 | | long term care provider. In order to select the minimum level | 20 | | of care eligibility criteria, the Governor shall establish a | 21 | | workgroup that includes affected agency representatives and | 22 | | stakeholders representing the institutional and home and | 23 | | community-based long term care interests. This Section shall | 24 | | not restrict the Department from implementing lower level of | 25 | | care eligibility criteria for community-based services in | 26 | | circumstances where federal approval has been granted.
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| 1 | | The Illinois Department shall develop and operate, in | 2 | | cooperation
with other State Departments and agencies and in | 3 | | compliance with
applicable federal laws and regulations, | 4 | | appropriate and effective
systems of health care evaluation and | 5 | | programs for monitoring of
utilization of health care services | 6 | | and facilities, as it affects
persons eligible for medical | 7 | | assistance under this Code.
| 8 | | The Illinois Department shall report annually to the | 9 | | General Assembly,
no later than the second Friday in April of | 10 | | 1979 and each year
thereafter, in regard to:
| 11 | | (a) actual statistics and trends in utilization of | 12 | | medical services by
public aid recipients;
| 13 | | (b) actual statistics and trends in the provision of | 14 | | the various medical
services by medical vendors;
| 15 | | (c) current rate structures and proposed changes in | 16 | | those rate structures
for the various medical vendors; and
| 17 | | (d) efforts at utilization review and control by the | 18 | | Illinois Department.
| 19 | | The period covered by each report shall be the 3 years | 20 | | ending on the June
30 prior to the report. The report shall | 21 | | include suggested legislation
for consideration by the General | 22 | | Assembly. The filing of one copy of the
report with the | 23 | | Speaker, one copy with the Minority Leader and one copy
with | 24 | | the Clerk of the House of Representatives, one copy with the | 25 | | President,
one copy with the Minority Leader and one copy with | 26 | | the Secretary of the
Senate, one copy with the Legislative |
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| 1 | | Research Unit, and such additional
copies
with the State | 2 | | Government Report Distribution Center for the General
Assembly | 3 | | as is required under paragraph (t) of Section 7 of the State
| 4 | | Library Act shall be deemed sufficient to comply with this | 5 | | Section.
| 6 | | Rulemaking authority to implement Public Act 95-1045, if | 7 | | any, is conditioned on the rules being adopted in accordance | 8 | | with all provisions of the Illinois Administrative Procedure | 9 | | Act and all rules and procedures of the Joint Committee on | 10 | | Administrative Rules; any purported rule not so adopted, for | 11 | | whatever reason, is unauthorized. | 12 | | On and after July 1, 2012, the Department shall reduce any | 13 | | rate of reimbursement for services or other payments or alter | 14 | | any methodologies authorized by this Code to reduce any rate of | 15 | | reimbursement for services or other payments in accordance with | 16 | | Section 5-5e. | 17 | | Because kidney transplantation can be an appropriate, cost | 18 | | effective
alternative to renal dialysis when medically | 19 | | necessary and notwithstanding the provisions of Section 1-11 of | 20 | | this Code, beginning October 1, 2014, the Department shall | 21 | | cover kidney transplantation for noncitizens with end-stage | 22 | | renal disease who are not eligible for comprehensive medical | 23 | | benefits, who meet the residency requirements of Section 5-3 of | 24 | | this Code, and who would otherwise meet the financial | 25 | | requirements of the appropriate class of eligible persons under | 26 | | Section 5-2 of this Code. To qualify for coverage of kidney |
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| 1 | | transplantation, such person must be receiving emergency renal | 2 | | dialysis services covered by the Department. Providers under | 3 | | this Section shall be prior approved and certified by the | 4 | | Department to perform kidney transplantation and the services | 5 | | under this Section shall be limited to services associated with | 6 | | kidney transplantation. | 7 | | Notwithstanding any other provision of this Code to the | 8 | | contrary, on or after July 1, 2015, all FDA approved forms of | 9 | | medication assisted treatment prescribed for the treatment of | 10 | | alcohol dependence or treatment of opioid dependence shall be | 11 | | covered under both fee for service and managed care medical | 12 | | assistance programs for persons who are otherwise eligible for | 13 | | medical assistance under this Article and shall not be subject | 14 | | to any (1) utilization control, other than those established | 15 | | under the American Society of Addiction Medicine patient | 16 | | placement criteria,
(2) prior authorization mandate, or (3) | 17 | | lifetime restriction limit
mandate. | 18 | | On or after July 1, 2015, opioid antagonists prescribed for | 19 | | the treatment of an opioid overdose, including the medication | 20 | | product, administration devices, and any pharmacy fees related | 21 | | to the dispensing and administration of the opioid antagonist, | 22 | | shall be covered under the medical assistance program for | 23 | | persons who are otherwise eligible for medical assistance under | 24 | | this Article. As used in this Section, "opioid antagonist" | 25 | | means a drug that binds to opioid receptors and blocks or | 26 | | inhibits the effect of opioids acting on those receptors, |
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| 1 | | including, but not limited to, naloxone hydrochloride or any | 2 | | other similarly acting drug approved by the U.S. Food and Drug | 3 | | Administration. | 4 | | Upon federal approval, the Department shall provide | 5 | | coverage and reimbursement for all drugs that are approved for | 6 | | marketing by the federal Food and Drug Administration and that | 7 | | are recommended by the federal Public Health Service or the | 8 | | United States Centers for Disease Control and Prevention for | 9 | | pre-exposure prophylaxis and related pre-exposure prophylaxis | 10 | | services, including, but not limited to, HIV and sexually | 11 | | transmitted infection screening, treatment for sexually | 12 | | transmitted infections, medical monitoring, assorted labs, and | 13 | | counseling to reduce the likelihood of HIV infection among | 14 | | individuals who are not infected with HIV but who are at high | 15 | | risk of HIV infection. | 16 | | (Source: P.A. 99-78, eff. 7-20-15; 99-180, eff. 7-29-15; | 17 | | 99-236, eff. 8-3-15; 99-407 (see Section 20 of P.A. 99-588 for | 18 | | the effective date of P.A. 99-407); 99-433, eff. 8-21-15; | 19 | | 99-480, eff. 9-9-15; 99-588, eff. 7-20-16; 99-642, eff. | 20 | | 7-28-16; 99-772, eff. 1-1-17; 99-895, eff. 1-1-17; 100-201, | 21 | | eff. 8-18-17; 100-395, eff. 1-1-18; 100-449, eff. 1-1-18; | 22 | | 100-538, eff. 1-1-18; revised 10-26-17.) | 23 | | (305 ILCS 5/5-30) | 24 | | Sec. 5-30. Care coordination. | 25 | | (a) At least 50% of recipients eligible for comprehensive |
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| 1 | | medical benefits in all medical assistance programs or other | 2 | | health benefit programs administered by the Department, | 3 | | including the Children's Health Insurance Program Act and the | 4 | | Covering ALL KIDS Health Insurance Act, shall be enrolled in a | 5 | | care coordination program by no later than January 1, 2015. For | 6 | | purposes of this Section, "coordinated care" or "care | 7 | | coordination" means delivery systems where recipients will | 8 | | receive their care from providers who participate under | 9 | | contract in integrated delivery systems that are responsible | 10 | | for providing or arranging the majority of care, including | 11 | | primary care physician services, referrals from primary care | 12 | | physicians, diagnostic and treatment services, behavioral | 13 | | health services, in-patient and outpatient hospital services, | 14 | | dental services, and rehabilitation and long-term care | 15 | | services. The Department shall designate or contract for such | 16 | | integrated delivery systems (i) to ensure enrollees have a | 17 | | choice of systems and of primary care providers within such | 18 | | systems; (ii) to ensure that enrollees receive quality care in | 19 | | a culturally and linguistically appropriate manner; and (iii) | 20 | | to ensure that coordinated care programs meet the diverse needs | 21 | | of enrollees with developmental, mental health, physical, and | 22 | | age-related disabilities. | 23 | | (b) Payment for such coordinated care shall be based on | 24 | | arrangements where the State pays for performance related to | 25 | | health care outcomes, the use of evidence-based practices, the | 26 | | use of primary care delivered through comprehensive medical |
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| 1 | | homes, the use of electronic medical records, and the | 2 | | appropriate exchange of health information electronically made | 3 | | either on a capitated basis in which a fixed monthly premium | 4 | | per recipient is paid and full financial risk is assumed for | 5 | | the delivery of services, or through other risk-based payment | 6 | | arrangements. | 7 | | (c) To qualify for compliance with this Section, the 50% | 8 | | goal shall be achieved by enrolling medical assistance | 9 | | enrollees from each medical assistance enrollment category, | 10 | | including parents, children, seniors, and people with | 11 | | disabilities to the extent that current State Medicaid payment | 12 | | laws would not limit federal matching funds for recipients in | 13 | | care coordination programs. In addition, services must be more | 14 | | comprehensively defined and more risk shall be assumed than in | 15 | | the Department's primary care case management program as of | 16 | | January 25, 2011 (the effective date of Public Act 96-1501). | 17 | | (d) The Department shall report to the General Assembly in | 18 | | a separate part of its annual medical assistance program | 19 | | report, beginning April, 2012 until April, 2016, on the | 20 | | progress and implementation of the care coordination program | 21 | | initiatives established by the provisions of Public Act | 22 | | 96-1501. The Department shall include in its April 2011 report | 23 | | a full analysis of federal laws or regulations regarding upper | 24 | | payment limitations to providers and the necessary revisions or | 25 | | adjustments in rate methodologies and payments to providers | 26 | | under this Code that would be necessary to implement |
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| 1 | | coordinated care with full financial risk by a party other than | 2 | | the Department.
| 3 | | (e) Integrated Care Program for individuals with chronic | 4 | | mental health conditions. | 5 | | (1) The Integrated Care Program shall encompass | 6 | | services administered to recipients of medical assistance | 7 | | under this Article to prevent exacerbations and | 8 | | complications using cost-effective, evidence-based | 9 | | practice guidelines and mental health management | 10 | | strategies. | 11 | | (2) The Department may utilize and expand upon existing | 12 | | contractual arrangements with integrated care plans under | 13 | | the Integrated Care Program for providing the coordinated | 14 | | care provisions of this Section. | 15 | | (3) Payment for such coordinated care shall be based on | 16 | | arrangements where the State pays for performance related | 17 | | to mental health outcomes on a capitated basis in which a | 18 | | fixed monthly premium per recipient is paid and full | 19 | | financial risk is assumed for the delivery of services, or | 20 | | through other risk-based payment arrangements such as | 21 | | provider-based care coordination. | 22 | | (4) The Department shall examine whether chronic | 23 | | mental health management programs and services for | 24 | | recipients with specific chronic mental health conditions | 25 | | do any or all of the following: | 26 | | (A) Improve the patient's overall mental health in |
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| 1 | | a more expeditious and cost-effective manner. | 2 | | (B) Lower costs in other aspects of the medical | 3 | | assistance program, such as hospital admissions, | 4 | | emergency room visits, or more frequent and | 5 | | inappropriate psychotropic drug use. | 6 | | (5) The Department shall work with the facilities and | 7 | | any integrated care plan participating in the program to | 8 | | identify and correct barriers to the successful | 9 | | implementation of this subsection (e) prior to and during | 10 | | the implementation to best facilitate the goals and | 11 | | objectives of this subsection (e). | 12 | | (f) A hospital that is located in a county of the State in | 13 | | which the Department mandates some or all of the beneficiaries | 14 | | of the Medical Assistance Program residing in the county to | 15 | | enroll in a Care Coordination Program, as set forth in Section | 16 | | 5-30 of this Code, shall not be eligible for any non-claims | 17 | | based payments not mandated by Article V-A of this Code for | 18 | | which it would otherwise be qualified to receive, unless the | 19 | | hospital is a Coordinated Care Participating Hospital no later | 20 | | than 60 days after June 14, 2012 (the effective date of Public | 21 | | Act 97-689) or 60 days after the first mandatory enrollment of | 22 | | a beneficiary in a Coordinated Care program. For purposes of | 23 | | this subsection, "Coordinated Care Participating Hospital" | 24 | | means a hospital that meets one of the following criteria: | 25 | | (1) The hospital has entered into a contract to provide | 26 | | hospital services with one or more MCOs to enrollees of the |
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| 1 | | care coordination program. | 2 | | (2) The hospital has not been offered a contract by a | 3 | | care coordination plan that the Department has determined | 4 | | to be a good faith offer and that pays at least as much as | 5 | | the Department would pay, on a fee-for-service basis, not | 6 | | including disproportionate share hospital adjustment | 7 | | payments or any other supplemental adjustment or add-on | 8 | | payment to the base fee-for-service rate, except to the | 9 | | extent such adjustments or add-on payments are | 10 | | incorporated into the development of the applicable MCO | 11 | | capitated rates. | 12 | | As used in this subsection (f), "MCO" means any entity | 13 | | which contracts with the Department to provide services where | 14 | | payment for medical services is made on a capitated basis. | 15 | | (g) No later than August 1, 2013, the Department shall | 16 | | issue a purchase of care solicitation for Accountable Care | 17 | | Entities (ACE) to serve any children and parents or caretaker | 18 | | relatives of children eligible for medical assistance under | 19 | | this Article. An ACE may be a single corporate structure or a | 20 | | network of providers organized through contractual | 21 | | relationships with a single corporate entity. The solicitation | 22 | | shall require that: | 23 | | (1) An ACE operating in Cook County be capable of | 24 | | serving at least 40,000 eligible individuals in that | 25 | | county; an ACE operating in Lake, Kane, DuPage, or Will | 26 | | Counties be capable of serving at least 20,000 eligible |
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| 1 | | individuals in those counties and an ACE operating in other | 2 | | regions of the State be capable of serving at least 10,000 | 3 | | eligible individuals in the region in which it operates. | 4 | | During initial periods of mandatory enrollment, the | 5 | | Department shall require its enrollment services | 6 | | contractor to use a default assignment algorithm that | 7 | | ensures if possible an ACE reaches the minimum enrollment | 8 | | levels set forth in this paragraph. | 9 | | (2) An ACE must include at a minimum the following | 10 | | types of providers: primary care, specialty care, | 11 | | hospitals, and behavioral healthcare. | 12 | | (3) An ACE shall have a governance structure that | 13 | | includes the major components of the health care delivery | 14 | | system, including one representative from each of the | 15 | | groups listed in paragraph (2). | 16 | | (4) An ACE must be an integrated delivery system, | 17 | | including a network able to provide the full range of | 18 | | services needed by Medicaid beneficiaries and system | 19 | | capacity to securely pass clinical information across | 20 | | participating entities and to aggregate and analyze that | 21 | | data in order to coordinate care. | 22 | | (5) An ACE must be capable of providing both care | 23 | | coordination and complex case management, as necessary, to | 24 | | beneficiaries. To be responsive to the solicitation, a | 25 | | potential ACE must outline its care coordination and | 26 | | complex case management model and plan to reduce the cost |
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| 1 | | of care. | 2 | | (6) In the first 18 months of operation, unless the ACE | 3 | | selects a shorter period, an ACE shall be paid care | 4 | | coordination fees on a per member per month basis that are | 5 | | projected to be cost neutral to the State during the term | 6 | | of their payment and, subject to federal approval, be | 7 | | eligible to share in additional savings generated by their | 8 | | care coordination. | 9 | | (7) In months 19 through 36 of operation, unless the | 10 | | ACE selects a shorter period, an ACE shall be paid on a | 11 | | pre-paid capitation basis for all medical assistance | 12 | | covered services, under contract terms similar to Managed | 13 | | Care Organizations (MCO), with the Department sharing the | 14 | | risk through either stop-loss insurance for extremely high | 15 | | cost individuals or corridors of shared risk based on the | 16 | | overall cost of the total enrollment in the ACE. The ACE | 17 | | shall be responsible for claims processing, encounter data | 18 | | submission, utilization control, and quality assurance. | 19 | | (8) In the fourth and subsequent years of operation, an | 20 | | ACE shall convert to a Managed Care Community Network | 21 | | (MCCN), as defined in this Article, or Health Maintenance | 22 | | Organization pursuant to the Illinois Insurance Code, | 23 | | accepting full-risk capitation payments. | 24 | | The Department shall allow potential ACE entities 5 months | 25 | | from the date of the posting of the solicitation to submit | 26 | | proposals. After the solicitation is released, in addition to |
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| 1 | | the MCO rate development data available on the Department's | 2 | | website, subject to federal and State confidentiality and | 3 | | privacy laws and regulations, the Department shall provide 2 | 4 | | years of de-identified summary service data on the targeted | 5 | | population, split between children and adults, showing the | 6 | | historical type and volume of services received and the cost of | 7 | | those services to those potential bidders that sign a data use | 8 | | agreement. The Department may add up to 2 non-state government | 9 | | employees with expertise in creating integrated delivery | 10 | | systems to its review team for the purchase of care | 11 | | solicitation described in this subsection. Any such | 12 | | individuals must sign a no-conflict disclosure and | 13 | | confidentiality agreement and agree to act in accordance with | 14 | | all applicable State laws. | 15 | | During the first 2 years of an ACE's operation, the | 16 | | Department shall provide claims data to the ACE on its | 17 | | enrollees on a periodic basis no less frequently than monthly. | 18 | | Nothing in this subsection shall be construed to limit the | 19 | | Department's mandate to enroll 50% of its beneficiaries into | 20 | | care coordination systems by January 1, 2015, using all | 21 | | available care coordination delivery systems, including Care | 22 | | Coordination Entities (CCE), MCCNs, or MCOs, nor be construed | 23 | | to affect the current CCEs, MCCNs, and MCOs selected to serve | 24 | | seniors and persons with disabilities prior to that date. | 25 | | Nothing in this subsection precludes the Department from | 26 | | considering future proposals for new ACEs or expansion of |
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| 1 | | existing ACEs at the discretion of the Department. | 2 | | (h) Department contracts with MCOs and other entities | 3 | | reimbursed by risk based capitation shall have a minimum | 4 | | medical loss ratio of 85%, shall require the entity to | 5 | | establish an appeals and grievances process for consumers and | 6 | | providers, and shall require the entity to provide a quality | 7 | | assurance and utilization review program. Entities contracted | 8 | | with the Department to coordinate healthcare regardless of risk | 9 | | shall be measured utilizing the same quality metrics. The | 10 | | quality metrics may be population specific. Any contracted | 11 | | entity serving at least 5,000 seniors or people with | 12 | | disabilities or 15,000 individuals in other populations | 13 | | covered by the Medical Assistance Program that has been | 14 | | receiving full-risk capitation for a year shall be accredited | 15 | | by a national accreditation organization authorized by the | 16 | | Department within 2 years after the date it is eligible to | 17 | | become accredited. The requirements of this subsection shall | 18 | | apply to contracts with MCOs entered into or renewed or | 19 | | extended after June 1, 2013. | 20 | | (h-5) The Department shall monitor and enforce compliance | 21 | | by MCOs with agreements they have entered into with providers | 22 | | on issues that include, but are not limited to, timeliness of | 23 | | payment, payment rates, and processes for obtaining prior | 24 | | approval. The Department may impose sanctions on MCOs for | 25 | | violating provisions of those agreements that include, but are | 26 | | not limited to, financial penalties, suspension of enrollment |
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| 1 | | of new enrollees, and termination of the MCO's contract with | 2 | | the Department. As used in this subsection (h-5), "MCO" has the | 3 | | meaning ascribed to that term in Section 5-30.1 of this Code. | 4 | | (i) Unless otherwise required by federal law, Medicaid | 5 | | Managed Care Entities and their respective business associates | 6 | | shall not disclose, directly or indirectly, including by | 7 | | sending a bill or explanation of benefits, information | 8 | | concerning the sensitive health services received by enrollees | 9 | | of the Medicaid Managed Care Entity to any person other than | 10 | | covered entities and business associates, which may receive, | 11 | | use, and further disclose such information solely for the | 12 | | purposes permitted under applicable federal and State laws and | 13 | | regulations if such use and further disclosure satisfies all | 14 | | applicable requirements of such laws and regulations. The | 15 | | Medicaid Managed Care Entity or its respective business | 16 | | associates may disclose information concerning the sensitive | 17 | | health services if the enrollee who received the sensitive | 18 | | health services requests the information from the Medicaid | 19 | | Managed Care Entity or its respective business associates and | 20 | | authorized the sending of a bill or explanation of benefits. | 21 | | Communications including, but not limited to, statements of | 22 | | care received or appointment reminders either directly or | 23 | | indirectly to the enrollee from the health care provider, | 24 | | health care professional, and care coordinators, remain | 25 | | permissible. Medicaid Managed Care Entities or their | 26 | | respective business associates may communicate directly with |
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| 1 | | their enrollees regarding care coordination activities for | 2 | | those enrollees. | 3 | | For the purposes of this subsection, the term "Medicaid | 4 | | Managed Care Entity" includes Care Coordination Entities, | 5 | | Accountable Care Entities, Managed Care Organizations, and | 6 | | Managed Care Community Networks. | 7 | | For purposes of this subsection, the term "sensitive health | 8 | | services" means mental health services, substance abuse | 9 | | treatment services, reproductive health services, family | 10 | | planning services, services for sexually transmitted | 11 | | infections and sexually transmitted diseases, and services for | 12 | | sexual assault or domestic abuse. Services include prevention, | 13 | | screening, consultation, examination, treatment, or follow-up. | 14 | | For purposes of this subsection, "business associate", | 15 | | "covered entity", "disclosure", and "use" have the meanings | 16 | | ascribed to those terms in 45 CFR 160.103. | 17 | | Nothing in this subsection shall be construed to relieve a | 18 | | Medicaid Managed Care Entity or the Department of any duty to | 19 | | report incidents of sexually transmitted infections to the | 20 | | Department of Public Health or to the local board of health in | 21 | | accordance with regulations adopted under a statute or | 22 | | ordinance or to report incidents of sexually transmitted | 23 | | infections as necessary to comply with the requirements under | 24 | | Section 5 of the Abused and Neglected Child Reporting Act or as | 25 | | otherwise required by State or federal law. | 26 | | The Department shall create policy in order to implement |
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| 1 | | the requirements in this subsection. | 2 | | (j) Managed Care Entities (MCEs), including MCOs and all | 3 | | other care coordination organizations, shall develop and | 4 | | maintain a written language access policy that sets forth the | 5 | | standards, guidelines, and operational plan to ensure language | 6 | | appropriate services and that is consistent with the standard | 7 | | of meaningful access for populations with limited English | 8 | | proficiency. The language access policy shall describe how the | 9 | | MCEs will provide all of the following required services: | 10 | | (1) Translation (the written replacement of text from | 11 | | one language into another) of all vital documents and forms | 12 | | as identified by the Department. | 13 | | (2) Qualified interpreter services (the oral | 14 | | communication of a message from one language into another | 15 | | by a qualified interpreter). | 16 | | (3) Staff training on the language access policy, | 17 | | including how to identify language needs, access and | 18 | | provide language assistance services, work with | 19 | | interpreters, request translations, and track the use of | 20 | | language assistance services. | 21 | | (4) Data tracking that identifies the language need. | 22 | | (5) Notification to participants on the availability | 23 | | of language access services and on how to access such | 24 | | services. | 25 | | (k) The Department shall actively monitor the contractual | 26 | | relationship between Managed Care Organizations (MCOs) and any |
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| 1 | | dental administrator contracted by an MCO to provide dental | 2 | | services. The Department shall adopt appropriate dental | 3 | | Healthcare Effectiveness Data and Information Set (HEDIS) | 4 | | measures and shall include the Annual Dental Visit (ADV) HEDIS | 5 | | measure in its Health Plan Comparison Tool and Illinois | 6 | | Medicaid Plan Report Card that is available on the Department's | 7 | | website for enrolled individuals. | 8 | | The Department shall collect from each MCO specific | 9 | | information about the types of contracted, broad-based care | 10 | | coordination occurring between the MCO and any dental | 11 | | administrator, including, but not limited to, pregnant women | 12 | | and diabetic patients in need of oral care. | 13 | | (Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14; | 14 | | 99-106, eff. 1-1-16; 99-181, eff. 7-29-15; 99-566, eff. 1-1-17; | 15 | | 99-642, eff. 7-28-16 .) | 16 | | (305 ILCS 5/5-30.1) | 17 | | Sec. 5-30.1. Managed care protections. | 18 | | (a) As used in this Section: | 19 | | "Managed care organization" or "MCO" means any entity which | 20 | | contracts with the Department to provide services where payment | 21 | | for medical services is made on a capitated basis. | 22 | | "Emergency services" include: | 23 | | (1) emergency services, as defined by Section 10 of the | 24 | | Managed Care Reform and Patient Rights Act; | 25 | | (2) emergency medical screening examinations, as |
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| 1 | | defined by Section 10 of the Managed Care Reform and | 2 | | Patient Rights Act; | 3 | | (3) post-stabilization medical services, as defined by | 4 | | Section 10 of the Managed Care Reform and Patient Rights | 5 | | Act; and | 6 | | (4) emergency medical conditions, as defined by
| 7 | | Section 10 of the Managed Care Reform and Patient Rights
| 8 | | Act. | 9 | | (b) As provided by Section 5-16.12, managed care | 10 | | organizations are subject to the provisions of the Managed Care | 11 | | Reform and Patient Rights Act. | 12 | | (c) An MCO shall pay any provider of emergency services | 13 | | that does not have in effect a contract with the contracted | 14 | | Medicaid MCO. The default rate of reimbursement shall be the | 15 | | rate paid under Illinois Medicaid fee-for-service program | 16 | | methodology, including all policy adjusters, including but not | 17 | | limited to Medicaid High Volume Adjustments, Medicaid | 18 | | Percentage Adjustments, Outpatient High Volume Adjustments, | 19 | | and all outlier add-on adjustments to the extent such | 20 | | adjustments are incorporated in the development of the | 21 | | applicable MCO capitated rates. | 22 | | (d) An MCO shall pay for all post-stabilization services as | 23 | | a covered service in any of the following situations: | 24 | | (1) the MCO authorized such services; | 25 | | (2) such services were administered to maintain the | 26 | | enrollee's stabilized condition within one hour after a |
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| 1 | | request to the MCO for authorization of further | 2 | | post-stabilization services; | 3 | | (3) the MCO did not respond to a request to authorize | 4 | | such services within one hour; | 5 | | (4) the MCO could not be contacted; or | 6 | | (5) the MCO and the treating provider, if the treating | 7 | | provider is a non-affiliated provider, could not reach an | 8 | | agreement concerning the enrollee's care and an affiliated | 9 | | provider was unavailable for a consultation, in which case | 10 | | the MCO
must pay for such services rendered by the treating | 11 | | non-affiliated provider until an affiliated provider was | 12 | | reached and either concurred with the treating | 13 | | non-affiliated provider's plan of care or assumed | 14 | | responsibility for the enrollee's care. Such payment shall | 15 | | be made at the default rate of reimbursement paid under | 16 | | Illinois Medicaid fee-for-service program methodology, | 17 | | including all policy adjusters, including but not limited | 18 | | to Medicaid High Volume Adjustments, Medicaid Percentage | 19 | | Adjustments, Outpatient High Volume Adjustments and all | 20 | | outlier add-on adjustments to the extent that such | 21 | | adjustments are incorporated in the development of the | 22 | | applicable MCO capitated rates. | 23 | | (e) The following requirements apply to MCOs in determining | 24 | | payment for all emergency services: | 25 | | (1) MCOs shall not impose any requirements for prior | 26 | | approval of emergency services. |
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| 1 | | (2) The MCO shall cover emergency services provided to | 2 | | enrollees who are temporarily away from their residence and | 3 | | outside the contracting area to the extent that the | 4 | | enrollees would be entitled to the emergency services if | 5 | | they still were within the contracting area. | 6 | | (3) The MCO shall have no obligation to cover medical | 7 | | services provided on an emergency basis that are not | 8 | | covered services under the contract. | 9 | | (4) The MCO shall not condition coverage for emergency | 10 | | services on the treating provider notifying the MCO of the | 11 | | enrollee's screening and treatment within 10 days after | 12 | | presentation for emergency services. | 13 | | (5) The determination of the attending emergency | 14 | | physician, or the provider actually treating the enrollee, | 15 | | of whether an enrollee is sufficiently stabilized for | 16 | | discharge or transfer to another facility, shall be binding | 17 | | on the MCO. The MCO shall cover emergency services for all | 18 | | enrollees whether the emergency services are provided by an | 19 | | affiliated or non-affiliated provider. | 20 | | (6) The MCO's financial responsibility for | 21 | | post-stabilization care services it has not pre-approved | 22 | | ends when: | 23 | | (A) a plan physician with privileges at the | 24 | | treating hospital assumes responsibility for the | 25 | | enrollee's care; | 26 | | (B) a plan physician assumes responsibility for |
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| 1 | | the enrollee's care through transfer; | 2 | | (C) a contracting entity representative and the | 3 | | treating physician reach an agreement concerning the | 4 | | enrollee's care; or | 5 | | (D) the enrollee is discharged. | 6 | | (f) Network adequacy and transparency. | 7 | | (1) The Department shall: | 8 | | (A) ensure that an adequate provider network is in | 9 | | place, taking into consideration health professional | 10 | | shortage areas and medically underserved areas; | 11 | | (B) publicly release an explanation of its process | 12 | | for analyzing network adequacy; | 13 | | (C) periodically ensure that an MCO continues to | 14 | | have an adequate network in place; and | 15 | | (D) require MCOs, including Medicaid Managed Care | 16 | | Entities as defined in Section 5-30.2, to meet provider | 17 | | directory requirements under Section 5-30.3. | 18 | | (2) Each MCO shall confirm its receipt of information | 19 | | submitted specific to physician or dentist additions or | 20 | | physician or dentist deletions from the MCO's provider | 21 | | network within 3 days after receiving all required | 22 | | information from contracted physicians or dentists , and | 23 | | electronic physician and dental directories must be | 24 | | updated consistent with current rules as published by the | 25 | | Centers for Medicare and Medicaid Services or its successor | 26 | | agency. |
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| 1 | | (g) Timely payment of claims. | 2 | | (1) The MCO shall pay a claim within 30 days of | 3 | | receiving a claim that contains all the essential | 4 | | information needed to adjudicate the claim. | 5 | | (2) The MCO shall notify the billing party of its | 6 | | inability to adjudicate a claim within 30 days of receiving | 7 | | that claim. | 8 | | (3) The MCO shall pay a penalty that is at least equal | 9 | | to the penalty imposed under the Illinois Insurance Code | 10 | | for any claims not timely paid. | 11 | | (4) The Department may establish a process for MCOs to | 12 | | expedite payments to providers based on criteria | 13 | | established by the Department. | 14 | | (g-5) Recognizing that the rapid transformation of the | 15 | | Illinois Medicaid program may have unintended operational | 16 | | challenges for both payers and providers: | 17 | | (1) in no instance shall a medically necessary covered | 18 | | service rendered in good faith, based upon eligibility | 19 | | information documented by the provider, be denied coverage | 20 | | or diminished in payment amount if the eligibility or | 21 | | coverage information available at the time the service was | 22 | | rendered is later found to be inaccurate; and | 23 | | (2) the Department shall, by December 31, 2016, adopt | 24 | | rules establishing policies that shall be included in the | 25 | | Medicaid managed care policy and procedures manual | 26 | | addressing payment resolutions in situations in which a |
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| 1 | | provider renders services based upon information obtained | 2 | | after verifying a patient's eligibility and coverage plan | 3 | | through either the Department's current enrollment system | 4 | | or a system operated by the coverage plan identified by the | 5 | | patient presenting for services: | 6 | | (A) such medically necessary covered services | 7 | | shall be considered rendered in good faith; | 8 | | (B) such policies and procedures shall be | 9 | | developed in consultation with industry | 10 | | representatives of the Medicaid managed care health | 11 | | plans and representatives of provider associations | 12 | | representing the majority of providers within the | 13 | | identified provider industry; and | 14 | | (C) such rules shall be published for a review and | 15 | | comment period of no less than 30 days on the | 16 | | Department's website with final rules remaining | 17 | | available on the Department's website. | 18 | | (3) The rules on payment resolutions shall include, but | 19 | | not be limited to: | 20 | | (A) the extension of the timely filing period; | 21 | | (B) retroactive prior authorizations; and | 22 | | (C) guaranteed minimum payment rate of no less than | 23 | | the current, as of the date of service, fee-for-service | 24 | | rate, plus all applicable add-ons, when the resulting | 25 | | service relationship is out of network. | 26 | | (4) The rules shall be applicable for both MCO coverage |
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| 1 | | and fee-for-service coverage. | 2 | | (g-6) MCO Performance Metrics Report. | 3 | | (1) The Department shall publish, on at least a | 4 | | quarterly basis, each MCO's operational performance, | 5 | | including, but not limited to, the following categories of | 6 | | metrics: | 7 | | (A) claims payment, including timeliness and | 8 | | accuracy; | 9 | | (B) prior authorizations; | 10 | | (C) grievance and appeals; | 11 | | (D) utilization statistics; | 12 | | (E) provider disputes; | 13 | | (F) provider credentialing; and | 14 | | (G) member and provider customer service. | 15 | | (2) The Department shall ensure that the metrics report | 16 | | is accessible to providers online by January 1, 2017. | 17 | | (3) The metrics shall be developed in consultation with | 18 | | industry representatives of the Medicaid managed care | 19 | | health plans and representatives of associations | 20 | | representing the majority of providers within the | 21 | | identified industry. | 22 | | (4) Metrics shall be defined and incorporated into the | 23 | | applicable Managed Care Policy Manual issued by the | 24 | | Department. | 25 | | (g-7) MCO claims processing and performance analysis. In | 26 | | order to monitor MCO payments to hospital providers, pursuant |
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| 1 | | to this amendatory Act of the 100th General Assembly, the | 2 | | Department shall post an analysis of MCO claims processing and | 3 | | payment performance on its website every 6 months. Such | 4 | | analysis shall include a review and evaluation of a | 5 | | representative sample of hospital claims that are rejected and | 6 | | denied for clean and unclean claims and the top 5 reasons for | 7 | | such actions and timeliness of claims adjudication, which | 8 | | identifies the percentage of claims adjudicated within 30, 60, | 9 | | 90, and over 90 days, and the dollar amounts associated with | 10 | | those claims. The Department shall post the contracted claims | 11 | | report required by HealthChoice Illinois on its website every 3 | 12 | | months. | 13 | | (h) The Department shall not expand mandatory MCO | 14 | | enrollment into new counties beyond those counties already | 15 | | designated by the Department as of June 1, 2014 for the | 16 | | individuals whose eligibility for medical assistance is not the | 17 | | seniors or people with disabilities population until the | 18 | | Department provides an opportunity for accountable care | 19 | | entities and MCOs to participate in such newly designated | 20 | | counties. | 21 | | (i) The requirements of this Section apply to contracts | 22 | | with accountable care entities and MCOs entered into, amended, | 23 | | or renewed after June 16, 2014 (the effective date of Public | 24 | | Act 98-651).
| 25 | | (Source: P.A. 99-725, eff. 8-5-16; 99-751, eff. 8-5-16; | 26 | | 100-201, eff. 8-18-17; 100-580, eff. 3-12-18.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.
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