Weekly Session Report By: Illinois Strategies, L. L. C



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Weekly Session Report
By: Illinois Strategies, L.L.C.
Prepared for the Illinois College of Emergency Physicians - for the week beginning April 14, 2008. The House and Senate continue to move through bills from 2nd and 3rd Readings to the opposite chamber. Both houses will return on Tuesday, April 15, and are scheduled through the 3rd Reading deadline on Friday, April 18. Both the House and Senate have scheduled a break during the week of April 21st before taking on the legislation that has crossed over from the other chamber.
The following is a status report on bills of interest to your organization under consideration by the Illinois General Assembly.

Bill: HB 13 (Schmitz-R) DFPR-LICENSE EMERGNCY MED TECH
Status: Re-referred to House Rules Committee – Failure to Pass by Deadline

Position:


Synopsis As Introduced


Amends the Emergency Medical Services (EMS) Systems Act. Provides that the Department of Financial and Professional Regulation (instead of the Department of Public Health) is responsible for licensing Emergency Medical Technicians (EMTs). Effective immediately.


Bill: HB 378 (Bellock-R / Radogno-R) IDPH-MRSA-HOSPITAL SCREEN/REPORT
Status: Re-referred to Senate Rules Committee – Failure to Pass by Deadline

Position: MONITOR




Synopsis As Engrossed
Creates the MRSA Screening and Reporting Act and amends the Hospital Licensing Act. Requires the Department of Public Health shall require the annual reporting of such cases as a communicable disease or condition. Requires the Department establish by regulation a list of those communicable diseases and conditions for which annual reporting of specific data shall be required, and provides that after October 1, 2007, such reportable diseases and conditions shall include the total number of infections due to MRSA; (4) amends the Regulatory Sunset Act to provide that the MRSA Screening and Reporting Act is repealed on January 1, 2011; and (5) replaces the provisions amending the Hospital Licensing Act with provisions that are the same as those added to the MRSA Screening and Reporting Act concerning reports to the Department after October 1, 2007, and makes these provisions inoperative after December 31, 2010. Effective immediately

Bill: HB 387 (Flowers-D) HEALTH CARE-PATIENT SAFETY
Status: Re-referred to House Rules Committee – Failure to Pass by Deadline

Position:




Synopsis As Introduced
Amends the Medical Practice Act of 1987. Provides for the public release of individual profiles on persons

HB 387 Cont.


licensed under the Act, including information relating to criminal charges, administrative disciplinary actions, and hospital privilege revocations. Provides that a physician may elect to include certain information in his or her profile. Provides that certain information collected for physician profiles is not confidential. Provides that, when collecting information or compiling reports intended to compare physicians, the Disciplinary Board shall require that only the most basic identifying information from mandatory reports may be used, and details about a patient or personal details about a physician that are not already a matter of public record through another source must not be released. Effective immediately.


Bill: HB 392 (Flowers-D) HOSPITAL-NURSE STAFFG STANDRDS
Status:
Placed on Calendar 2nd Reading - Short Debate

Position:



Synopsis As Introduced
Creates the Nurse Staffing Standards for Patient Safety and Quality Care Act. Provides that every hospital must implement a staffing plan that: (1) provides adequate, appropriate, and quality delivery of health care services and protects patient safety; and (2) is consistent with the requirements of the Act concerning minimum direct care registered nurse-to-patient ratios. Sets forth minimum direct care registered nurse-to-patient ratios, according to the type of hospital unit. Provides that the Department of Public Health may apply those minimum direct care registered nurse-to-patient ratios to another type of hospital unit if that other unit performs a function similar to the function performed by the unit referred to in the minimum ratio standards. Provides that the minimum direct care registered nurse-to-patient ratios do not apply during a declared state of emergency if a hospital is requested or expected to provide an exceptional level of emergency or other medical services. Effective immediately.

House Amendment #1

Replaces everything after the enacting clause. Creates the Nursing Care and Quality Improvement Act. Provides that not later than one year after the Act's effective date, each hospital shall implement a written staffing plan that (i) provides for safe, therapeutic, and competent care services, (ii) protects patient safety; and (iii) is consistent with the requirements of the Act. Sets forth minimum direct care registered nurse-to-patient ratios; requires the Department of Public health to adopt rules prescribing the time by which these provisions must be implemented, but in no event later than 2 years after the Act's effective date. Requires a hospital to reevaluate its staffing plan annually. Sets forth circumstances under which a nurse may refuse to accept an assignment as a nurse in a hospital, and provides for nurse protections. Provides for penalties for violations of the Act.



Bill: HB 549 (Tracy-R / Forby-D) PROMPT PAYMENT-PENALTY
Status: Re-referred to Senate Rules Committee – Failure to Pass by Deadline

Position: SUPPORT



Synopsis As Introduced
Amends the Prompt Payment Act. Provides that any bill submitted under Article V of the Illinois Public Aid Code approved for payment must be paid or the payment issued to the payee within 30 days (now, 60 days) of receipt of a proper bill or invoice, and, if payment is not issued to the payee within this 30-day period, an interest penalty of 2.0% (now, 1.0%) of any amount approved and unpaid shall be added for each month or fraction thereof after the end of this 30-day period, until final payment is made.

Bill: HB 596 (Bellock-R) KIDCARE-MEDICAID-MANAGED CARE
Status: Re-referred to House Rules Committee – Failure to Pass by Deadline

Position:




Synopsis As Introduced
Amends the Children's Health Insurance Program Act and the Illinois Public Aid Code. Under the CHIP Act, provides that on and after July 1, 2007, the Department of Healthcare and Family Services shall implement the following: (1) a capitated managed care system for selected populations of persons in certain counties surrounding Cook County and in certain counties in southern Illinois, under which the State pays a fixed amount per individual per month to a third-party entity to manage the program of health care benefits and assume the risk associated with the payment of medical bills without regard to the actual medical claims incurred; (2) a primary care case management (PCCM) system for selected populations of persons in the remaining counties of the State other than Cook County, under which each participant has one health care provider who is responsible for managing all aspects of the participant's medical care; and (3) a PCCM system for selected populations of persons in Cook County. Requires DHFS to file a report describing a mechanism for achieving a transition to a capitated managed care system for persons in Cook County by July 1, 2008. Requires that the populations selected for participation in the various systems must include, at a minimum, all persons eligible for benefits under the CHIP Act. Provides that DHFS may implement similar capitated managed care systems and primary care case management systems for Medicaid recipients under the Illinois Public Aid Code. Effective immediately.


Bill: HB 684 (May-D) HOSPITAL DISCRIMINATORY PRICING
Status: Re-referred to House Rules – Failure to Pass by Deadline

Position:


Synopsis As Introduced
Creates the Hospital Discriminatory Pricing Act. Prohibits a hospital that has provided health care services to an uninsured patient from collecting more from the uninsured patient than the Medicare reimbursement rate. Requires each hospital bill, invoice, or other summary of charges to prominently state the listed information concerning the rates charged. Requires the Office of the Attorney General to provide copies of any complaints filed by patients under the Act to the Department of Public Health. Provides for civil remedies for violation of the Act. Provides civil remedies for violation of the Act. Amends the Consumer Fraud and Deceptive Business Practices Act to make any violation of the Hospital Discriminatory Pricing Act a violation of the Act. Effective immediately.

House Amendment #1

Adds ambulatory or impatient supplies provided by a hospital to the definition of "health care services". Provides that a hospital may not collect from an uninsured patient more than 110% of the Medicare reimbursement rate (rather than just the amount of the Medicare reimbursement rate). Provides that the hospital bill, invoice, or summary of charges, where a determination of insurance coverage has not been made, (instead of all bills, invoices, or summaries of charges) shall have the listed statement. Removes language requiring the Attorney General to provide copies of any filed complaints to the Department of Public Health. Exempts hospitals that do not charge for their services from the provisions of the Hospital Discriminatory Pricing Act. Effective January 1, 2008.




Bill: HB 730 (Osmond-R) AUTO EXTERNAL DEFRIBRILLATOR

Status: Re-referred to House Rules Committee – Failure to Pass By Deadline

Position:


Synopsis As Introduced
Amends the Physical Fitness Facility Medical Emergency Preparedness Act, the Automated External Defibrillator Act, and the Good Samaritan Act. Deletes a provision requiring a person, unit of state or local government, or school district operating a physical fitness facility to adopt a medical emergency plan, to have an Automated External Defibrillator (AED) at the facility, and maintain the AED in accordance with certain standards in order to avoid civil liability. Deletes provisions requiring a person who acquires an AED to take reasonable measures to ensure that the AED is used by only trained AED users and that the AED is registered with the EMS system hospital in the vicinity of where the AED will primarily be located. Adds a provision requiring that a person who acquires an AED take reasonable measures to ensure that any person considered to be an anticipated rescuer or user will have successfully completed a course of instruction in accordance with the standards of a nationally recognized organization or a course of instruction in accordance with the rules adopted under the Act to use an AED and to perform cardiovascular resuscitation (CPR). In a Section involving exemption from civil liability, deletes provisions mandating the requirements of the Act to be met in order for certain persons to avoid civil liability in relation to an act or omission involving an AED. Provides that any person who in good faith, not for compensation, renders emergency medical care involving the use of an AED in accordance with his or her training is not liable for any civil damages as a result of any act or omission, except for willful and wanton misconduct, by that person in rendering that care (now, any person who has successfully completed the training requirements of a course in basic emergency care of a person in cardiac arrest that included training in the operation and use of an AED and was conducted in accordance with the standards of the American Heart Association). Effective immediately.

House Amendment #1

Replaces everything after the enacting clause. Amends the Arthritis Prevention, Control, and Cure Act. Makes a technical change in a Section concerning the short title.




Bill: HB 964 (Chapa LaVia-D) $DPH-POISON CENTER
Status: Assigned to Human Services Appropriations Committee

Position: SUPPORT




Synopsis As Introduced
Appropriates $2,600,000 from the General Revenue Fund to the Department of Public Health for the purpose of making grants to the Metropolitan Chicago Hospital Council for support of the Illinois Poison Center. Effective July 1, 2007.


Bill: HB 980 (Ford-D / Ronen-D) DEPT OF PUBLIC HEALTH – AIDS HIV
Status: Referred to Senate Rules Committee

Position:


Synopsis As Engrossed

Amends the AIDS Confidentiality Act. Deletes the definition of "written informed consent" and replaces it with a definition of "informed consent", meaning a written or verbal agreement by the subject of a test or the subject's legally authorized representative without undue inducement or any element of force, fraud, deceit, duress, or other form of constraint or coercion, which includes certain pre-test information. Provides that no person may order a test for human immunodeficiency virus (HIV) without first receiving the documented



HB 980 Cont.
informed consent of the subject of the test or the subject's legally authorized representative. Provides that a health care facility or provider may offer opt-out HIV testing, where the subject or the subject's legally authorized representative is informed that the subject will be tested for HIV unless he or she refuses. Provides that the health care facility or provider must document the provision of informed consent, including pre-test information, and whether the subject or the subject's legally authorized representative declined the offer of HIV testing. Provides that any individual seeking an HIV test shall have the right to anonymous testing, unless identification of the test subject is otherwise required. Provides that anonymous testing shall be performed after pre-test information is provided and informed consent is obtained, using a coded system that does not link individual identity with the request or result. Provides that a health care facility or health care provider that does not provide anonymous testing shall refer an individual requesting an anonymous test to a site where it is available. Deletes all references to written informed consent. Provides that the Department of Public Health shall develop rules regarding the delivery of HIV test results to patients. Provides that the subject of the test or the subject's legally authorized representative shall be notified by personal contact whenever possible of the confirmed positive result of an HIV test. Provides that the Department shall conduct training, technical assistance, and outreach activities, as needed, to implement routine HIV testing in healthcare medical settings. Makes other changes.


Bill: HB 1006 (Mautino-D) KIDCARE-MEDICAID MANAGED CARE

Status: Re-referred to House Rules Committee – Failure to Pass By Deadline
Position: OPPOSE
Synopsis As Introduced
Amends the Children's Health Insurance Program Act and the Illinois Public Aid Code. Under the Children's Health Insurance Program, (i) provides for eligibility for children whose household income is at or below 300% (instead of 200%) of the federal poverty level and (ii) increases the income threshold in connection with eligibility under an approved waiver. Provides that on and after July 1, 2008, the Department of Healthcare and Family services shall implement a capitated managed care system for selected populations of persons under the Children's Health Insurance Program and the Medicaid program. Provides that under such a system, the State shall pay a fixed amount per individual per month to a third-party entity to manage the program of health care benefits and assume the risk associated with the payment of medical bills without regard to actual medical claims incurred. Provides that the Department shall implement the system in a manner that maximizes all available State and federal funds. Sets forth categories of Medicaid recipients who may withdraw from the managed care program and who may voluntarily opt to participate in the program, and provides that certain recipients are not eligible to participate in the managed care program. Provides for Medicaid eligibility for persons whose income is between zero and 100% of the federal poverty level. Provides that under the Medicaid program, the Department of Healthcare and Family Services shall provide health benefits coverage to eligible individuals by: (1) subsidizing the cost of privately sponsored health insurance, including employer-based health insurance, to assist individuals in taking advantage of available privately sponsored health insurance; and (2) purchasing or providing health care benefits for eligible individuals. Makes other changes.


Bill: HB 1075 (Granberg-D) INSURANCE-THIRD PARTY PAYERS
Status: Re-referred to House Rules Committee – Failure to Pass by Deadline

Position: SUPPORT


Synopsis As Introduced
Amends the Illinois Insurance Code. Requires a third party payer (i) to adopt and implement policies related to bundling of physician services submitted for reimbursement that conform with the American Medical Association's Current Procedural Terminology coding guidelines, (ii) to reimburse a physician for office visits and consultations and therapeutic or diagnostic procedures performed on the same day that the services are medically indicated, and (iii) to provide written notice to the physician of any change to its policy related to bundling at least 90 days prior to the effective date of the change. Makes related changes.


Bill: HB 1327 (Mathias-R/ Garrett-D) IDPH HOSPITAL ER-CRIME VICTIMS

Status: Referred to Senate Rules Committee

Position: SUPPORT


Synopsis As Introduced
Amends the Hospital Emergency Service Act. Requires the Department of Public Health to establish a program providing grants to hospitals that provide emergency room services, to enable those hospitals to expand their services to victims of certain specified offenses under the Criminal Code of 1961. Effective immediately.

Bill: HB 1328 (Golar-D) INSURANCE – FEE SCHEDULES

Status: Re-referred to House Rules Committee – Failure to Pass by Deadline

Position: SUPPORT


Synopsis As Introduced
Amends the Comprehensive Health Insurance Plan Act, the Children's Health Insurance Program Act, the

Covering ALL KIDS Insurance Act, the Illinois Public Aid Code, and the Veterans' Health Insurance Program Act. Provides that the fee schedule for each of these programs must be competitive with those of non-governmental, third-party health insurance programs. Provides that (i) reimbursement for any service must not be lower than Medicare reimbursement in effect on January 1, 2007; (ii) the fee schedule must be decreased or increased every January 1 corresponding to the decrease or increase in the Consumer Price Index for medical care published by the U.S. Bureau of Labor Statistics, but in no case more than 4% per year; and (iii) payment for services must be made within 30 days after receipt of a bill or claim for payment. Effective July 1, 2007.


House Amendment #1

Replaces everything after the enacting clause. Amends the Illinois Insurance Code. Makes a technical change in a Section concerning the short title.



Bill: HB 1885 (McAuliffe-R) IDPH-RETAIL HLTH CARE FACILITY
Status:
Re-referred to House Rules Committee – Failure to Pass by Deadline
Position:
Synopsis As Introduced
Creates the Retail Health Care Facility Permit Act and amends the State Finance Act. Defines "retail health care facility" as any institution, place, or building, or any portion thereof, devoted to the maintenance and operation of facilities for the performance of health care services and located within a retail store or pharmacy; requires a permit for the operation of such a facility, issued by the Department of Public Health, and sets forth requirements for obtaining a permit. Sets forth operating requirements for a retail health care

facility. Provides for denial, suspension, revocation, or nonrenewal of a permit for certain reasons. Provides for monetary penalties for violations of the Act. Restricts advertising by a retail health care facility. Creates the Retail Health Care Facility Permit Fund, to be used by the Department in administering the Act. Effective July 1, 2007.


House Amendment #1

Replaces everything after the enacting clause. Creates the Retail Health Care Facility Permit Act. Contains only a short title provision.




Bill: HB 1953 (Bradley-D) MEDICAL PRAC-TELEMEDICINE
Status:
Re-referred to House Rules Committee – Failure to Pass by Deadline

Position:



Synopsis As Introduced
Amends the Medical Practice Act of 1987. Provides that "telemedicine" includes a consultation, with both the referring physician licensed under the Act and the patient whose case is being consulted upon, given by a licensed practitioner outside of the State with whom the referring physician has a professional relationship evidenced by a letter of agreement, for the purpose of tailoring the medical actions that are taken in regard to the patient accordingly.

Bill: HB 2790 (Boland-D) VEH CD-IGNITION INTERLOCK-SKIN
Status:
Re-referred to House Rules Committee – Failure to Pass by Deadline

Position: SUPPORT




Synopsis As Introduced
Amends the Illinois Vehicle Code. Expands the definition of "ignition interlock device" to include a device installed in a vehicle that prevents the vehicle from starting until the device has determined by an analysis of the driver's epidermal elements that the driver's blood alcohol is below a certain preset level.


Bill: HB 3312 (Black-R) REGULATION-TECHNICAL

Status: Re-referred to House Rules Committee – Failure to Pass by Deadline

Position:
Synopsis As Introduced
Amends the Illinois Insurance Code. Makes a technical change in a Section concerning notices of cancellation.
HB 3312 Cont.
House Amendment #1 (AMENDMENT FILED BUT NOT ADOPTED)

Replaces everything after the enacting clause. Amends the Illinois Insurance Code. Establishes definitons as they pertain to the Act. Provides that a health benefit plan member may assign member rights to benefits to a non-participating physician and restricts imposition of facility-based physician service fees in those cases. Makes other changes in regard to assignment of benefits and plan issuer liability.

Bill: HB 3616 (Rose-R) GOOD SAMARITAN-DISASTER RELIEF
Status: Tabled

Position: MONITOR



Synopsis As Introduced
Amends the Good Samaritan Act. Provides that any person, including a health care practitioner, who in good faith provides services as a disaster relief volunteer shall not be liable to any person to whom disaster relief services were rendered for any acts or omissions, except willful and wanton misconduct in providing disaster relief services. Defines disaster relief volunteer.

House Amendment #1
Deletes everything after the enacting clause. Amends the Good Samaritan Act. Makes a technical change in a Section concerning the legislative purpose.

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