SB2873 - 104th General Assembly
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| 1 | AN ACT concerning health. | |||||||||||||||||||
| 2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
| 3 | represented in the General Assembly: | |||||||||||||||||||
| 4 | Section 1. Short title. This Act may be cited as the Health | |||||||||||||||||||
| 5 | Care for All Illinois Act. | |||||||||||||||||||
| 6 | Section 5. Purposes. It is the purpose of this Act to | |||||||||||||||||||
| 7 | provide universal access to health care for all individuals | |||||||||||||||||||
| 8 | within the State, to promote and improve the health of all its | |||||||||||||||||||
| 9 | citizens, to stress the importance of good public health | |||||||||||||||||||
| 10 | through treatment and prevention of diseases, and to contain | |||||||||||||||||||
| 11 | costs to make the delivery of this care affordable. Should | |||||||||||||||||||
| 12 | legislation of this kind be enacted on a federal level, it is | |||||||||||||||||||
| 13 | the intent of this Act to become a part of a nationwide system. | |||||||||||||||||||
| 14 | Section 10. Definitions. In this Act: | |||||||||||||||||||
| 15 | "Board" means the Illinois Health Services Governing Board | |||||||||||||||||||
| 16 | created under this Act. | |||||||||||||||||||
| 17 | "IHST" means the Illinois Health Services Trust created | |||||||||||||||||||
| 18 | under this Act. | |||||||||||||||||||
| 19 | "Program" means the Illinois Health Services Program | |||||||||||||||||||
| 20 | created under this Act. | |||||||||||||||||||
| 21 | Section 15. Eligibility; registration. All individuals | |||||||||||||||||||
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| 1 | residing in this State are covered under the Illinois Health | ||||||
| 2 | Services Program for health insurance and shall receive a card | ||||||
| 3 | with a unique number in the mail. An individual's social | ||||||
| 4 | security number shall not be used for purposes of registration | ||||||
| 5 | under this Section. Individuals and families shall receive an | ||||||
| 6 | Illinois Health Services Insurance Card in the mail after | ||||||
| 7 | filling out a program application form at a health care | ||||||
| 8 | provider. Such application form shall be no more than 2 pages | ||||||
| 9 | long. Individuals who present themselves for covered services | ||||||
| 10 | from a participating provider shall be presumed to be eligible | ||||||
| 11 | for benefits under this Act, but shall complete an application | ||||||
| 12 | for benefits in order to receive an Illinois Health Services | ||||||
| 13 | Insurance Card and have payment made for such benefits. | ||||||
| 14 | Section 20. Benefits and portability. | ||||||
| 15 | (a) The health coverage benefits under this Act cover all | ||||||
| 16 | medically necessary services, including: | ||||||
| 17 | (1) primary care and prevention; | ||||||
| 18 | (2) specialty care, other than what is deemed elective | ||||||
| 19 | cosmetic; | ||||||
| 20 | (3) inpatient care; | ||||||
| 21 | (4) outpatient care; | ||||||
| 22 | (5) emergency care; | ||||||
| 23 | (6) prescription drugs; | ||||||
| 24 | (7) durable medical equipment; | ||||||
| 25 | (8) long-term care; | ||||||
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| 1 | (9) mental health services; | ||||||
| 2 | (10) the full scope of dental services, other than | ||||||
| 3 | elective cosmetic dentistry; | ||||||
| 4 | (11) substance abuse treatment services; | ||||||
| 5 | (12) chiropractic services; and | ||||||
| 6 | (13) basic vision care and vision correction. | ||||||
| 7 | (b) Health coverage benefits under this Act are available | ||||||
| 8 | through any licensed health care provider anywhere in the | ||||||
| 9 | State that is legally qualified to provide such benefits and | ||||||
| 10 | for emergency care anywhere in the United States. | ||||||
| 11 | (c) No deductibles, copayments, coinsurance, or other cost | ||||||
| 12 | sharing shall be imposed with respect to covered benefits, | ||||||
| 13 | except for those goods or services that exceed basic covered | ||||||
| 14 | benefits, as defined by the Board. | ||||||
| 15 | Section 25. Qualification of participating providers. | ||||||
| 16 | (a) Health care delivery facilities must meet regional and | ||||||
| 17 | State quality and licensing guidelines as a condition of | ||||||
| 18 | participation under the program, including guidelines | ||||||
| 19 | regarding safe staffing and quality of care. | ||||||
| 20 | (b) A participating health care provider must be licensed | ||||||
| 21 | by the State. No health care provider whose license is under | ||||||
| 22 | suspension or has been revoked may participate in the program. | ||||||
| 23 | (c) Only nonprofit health maintenance organizations that | ||||||
| 24 | actually deliver care in their own facilities and directly | ||||||
| 25 | employ clinicians may participate in the program. | ||||||
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| 1 | (d) Patients shall have free choice of participating | ||||||
| 2 | eligible providers, hospitals, and inpatient care facilities. | ||||||
| 3 | Section 30. Provider reimbursement. | ||||||
| 4 | (a) The program shall pay all health care providers | ||||||
| 5 | according to the following standards: | ||||||
| 6 | (1) Physicians and other practitioners can choose to | ||||||
| 7 | be paid fee-for-service, salaried by institutions | ||||||
| 8 | receiving global budgets, or salaried by group practices | ||||||
| 9 | or health maintenance organizations receiving capitation | ||||||
| 10 | payments. Investor-owned health maintenance organizations | ||||||
| 11 | and group practices shall be converted to not-for-profit | ||||||
| 12 | status. Only institutions that deliver care shall be | ||||||
| 13 | eligible for program payments. | ||||||
| 14 | (2) The program shall pay each hospital and providing | ||||||
| 15 | institution a monthly lump sum (global budget) to cover | ||||||
| 16 | all operating expenses. The hospital and program shall | ||||||
| 17 | negotiate the amount of this payment annually based on | ||||||
| 18 | past budgets, clinical performance, projected changes in | ||||||
| 19 | demand for services and input costs, and proposed new | ||||||
| 20 | programs. Hospitals shall not bill patients for services | ||||||
| 21 | covered by the program and cannot use any of their | ||||||
| 22 | operating budgets for expansion, profit, excessive | ||||||
| 23 | executive income, marketing, or major capital purchases or | ||||||
| 24 | leases. | ||||||
| 25 | (3) The program budget shall fund major capital | ||||||
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| 1 | expenditures, including the construction of new health | ||||||
| 2 | facilities and the purchase of expensive equipment. The | ||||||
| 3 | regional health planning districts shall allocate these | ||||||
| 4 | capital funds and oversee capital projects funded from | ||||||
| 5 | private donations. | ||||||
| 6 | (b) The program shall reimburse physicians choosing to be | ||||||
| 7 | paid fee-for-service according to a fee schedule negotiated | ||||||
| 8 | between physician representatives and the program on at least | ||||||
| 9 | an annual basis. | ||||||
| 10 | (c) Hospitals, nursing homes, community health centers, | ||||||
| 11 | nonprofit staff model health maintenance organizations, and | ||||||
| 12 | home health care agencies shall receive a global budget to | ||||||
| 13 | cover operating expenses, negotiated annually with the program | ||||||
| 14 | based on past expenditures, past budgets, clinical | ||||||
| 15 | performance, projected changes in demand for services and | ||||||
| 16 | input costs, and proposed new programs. Expansions and other | ||||||
| 17 | substantive capital investments shall be funded separately. | ||||||
| 18 | (d) All covered prescription drugs and durable medical | ||||||
| 19 | supplies shall be paid for according to a fee schedule | ||||||
| 20 | negotiated between manufacturers and the program on at least | ||||||
| 21 | an annual basis. Price reductions shall be achieved by bulk | ||||||
| 22 | purchasing whenever possible. Where therapeutically equivalent | ||||||
| 23 | drugs are available, the formulary shall specify the use of | ||||||
| 24 | the lowest-cost medication, with exceptions available in the | ||||||
| 25 | case of medical necessity. | ||||||
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| 1 | Section 35. Prohibition against duplicating coverage; | ||||||
| 2 | investor-ownership of health delivery facilities. | ||||||
| 3 | (a) It is unlawful for a private health insurer to sell | ||||||
| 4 | health insurance coverage that duplicates the benefits | ||||||
| 5 | provided under this Act. Nothing in this Act shall be | ||||||
| 6 | construed as prohibiting the sale of health insurance coverage | ||||||
| 7 | for any additional benefits not covered by this Act. | ||||||
| 8 | (b) Investor-ownership of health delivery facilities, | ||||||
| 9 | including hospitals, health maintenance organizations, nursing | ||||||
| 10 | homes, and clinics is unlawful. Investor-owners of health | ||||||
| 11 | delivery facilities at the time of the effective date of this | ||||||
| 12 | Act shall be compensated for the loss of their facilities, but | ||||||
| 13 | not for the loss of business opportunities or for | ||||||
| 14 | administrative capacity not used by the program. | ||||||
| 15 | Section 40. Illinois Health Services Trust. | ||||||
| 16 | (a) The State shall establish the Illinois Health Services | ||||||
| 17 | Trust (IHST), the sole purpose of which shall be to provide the | ||||||
| 18 | financing reserve for the purposes outlined in this Act. | ||||||
| 19 | Specifically, the IHST shall provide all of the following: | ||||||
| 20 | (1) The funds for the general operating budget of the | ||||||
| 21 | program. | ||||||
| 22 | (2) Reimbursement for those benefits outlined in | ||||||
| 23 | Section 20 of this Act. | ||||||
| 24 | (3) Public health services. | ||||||
| 25 | (4) Capital expenditures for construction or | ||||||
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| 1 | renovation of health care facilities or major equipment | ||||||
| 2 | purchases deemed necessary throughout the State and | ||||||
| 3 | approved by the Board. | ||||||
| 4 | (5) Re-education and job placement of persons who have | ||||||
| 5 | lost their jobs as a result of this transition, limited to | ||||||
| 6 | the first 5 years after the effective date of this Act. | ||||||
| 7 | (b) The General Assembly or the Governor may provide funds | ||||||
| 8 | to the IHST, but may not remove or borrow funds from the IHST. | ||||||
| 9 | (c) The IHST shall be administered by the Board, under the | ||||||
| 10 | oversight of the General Assembly. | ||||||
| 11 | (d) Funding of the IHST shall include, but is not limited | ||||||
| 12 | to, all of the following: | ||||||
| 13 | (1) Funds appropriated as outlined by the General | ||||||
| 14 | Assembly on a yearly basis. | ||||||
| 15 | (2) A progressive set of graduated income | ||||||
| 16 | contributions; 20% paid by individuals, 20% paid by | ||||||
| 17 | businesses, and 60% paid by the government. | ||||||
| 18 | (3) All federal moneys that are designated for health | ||||||
| 19 | care, including, but not limited to, all moneys designated | ||||||
| 20 | for Medicaid. The Secretary of Human Services shall be | ||||||
| 21 | authorized to negotiate with the federal government for | ||||||
| 22 | funding of Medicare recipients. | ||||||
| 23 | (4) Grants and contributions, both public and private. | ||||||
| 24 | (5) Any other tax revenues designated by the General | ||||||
| 25 | Assembly. | ||||||
| 26 | (6) Any other funds specifically earmarked for health | ||||||
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| 1 | care or health care education, such as settlements from | ||||||
| 2 | litigation. | ||||||
| 3 | (e) The total overhead and administrative portion of the | ||||||
| 4 | program budget may not exceed 12% of the total operating | ||||||
| 5 | budget of the program for the first 2 years that the program is | ||||||
| 6 | in operation; 8% for the following 2 years; and 5% for each | ||||||
| 7 | year thereafter. | ||||||
| 8 | (f) The program may be divided into regional districts for | ||||||
| 9 | the purposes of local administration and oversight of programs | ||||||
| 10 | that are specific to each region's needs. | ||||||
| 11 | (g) Claims billing from all providers must be submitted | ||||||
| 12 | electronically and in compliance with current State and | ||||||
| 13 | federal privacy laws within 5 years after the effective date | ||||||
| 14 | of this Act. Electronic claims and billing must be uniform | ||||||
| 15 | across the State. The Board shall create and implement a | ||||||
| 16 | statewide uniform system of electronic medical records that is | ||||||
| 17 | in compliance with current State and federal privacy laws | ||||||
| 18 | within 7 years after the effective date of this Act. Payments | ||||||
| 19 | to providers must be made in a timely fashion as outlined under | ||||||
| 20 | current State and federal law. Providers who accept payment | ||||||
| 21 | from the program for services rendered may not bill any | ||||||
| 22 | patient for covered services. Providers may elect either to | ||||||
| 23 | participate fully, or not at all, in the program. | ||||||
| 24 | Section 45. Long-term care payment. The Board shall | ||||||
| 25 | establish funding for long-term care services, including | ||||||
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| 1 | in-home, nursing home, and community-based care. A local | ||||||
| 2 | public agency shall be established in each community to | ||||||
| 3 | determine eligibility and coordinate home and nursing home | ||||||
| 4 | long-term care. This agency may contract with long-term care | ||||||
| 5 | providers for the full range of needed long-term care | ||||||
| 6 | services. | ||||||
| 7 | Section 50. Mental health services. The program shall | ||||||
| 8 | provide coverage for all medically necessary mental health | ||||||
| 9 | care on the same basis as the coverage for other conditions. | ||||||
| 10 | The program shall cover supportive residences, occupational | ||||||
| 11 | therapy, and ongoing mental health and counseling services | ||||||
| 12 | outside the hospital for patients with serious mental illness. | ||||||
| 13 | In all cases the highest quality and most effective care shall | ||||||
| 14 | be delivered, including institutional care. | ||||||
| 15 | Section 55. Payment for prescription medications, medical | ||||||
| 16 | supplies, and medically necessary assistive equipment. | ||||||
| 17 | (a) The program shall establish a single prescription drug | ||||||
| 18 | formulary and list of approved durable medical goods and | ||||||
| 19 | supplies. The Board shall, by itself or by a committee of | ||||||
| 20 | health professionals and related individuals appointed by the | ||||||
| 21 | Board and called the Pharmaceutical and Durable Medical Goods | ||||||
| 22 | Committee, meet on a quarterly basis to discuss, reverse, add | ||||||
| 23 | to, or remove items from the formulary according to sound | ||||||
| 24 | medical practice. | ||||||
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| 1 | (b) The Pharmaceutical and Durable Medical Goods Committee | ||||||
| 2 | shall negotiate the prices of pharmaceuticals and durable | ||||||
| 3 | medical goods with suppliers or manufacturers on an open bid | ||||||
| 4 | competitive basis. Prices shall be reviewed, negotiated, or | ||||||
| 5 | renegotiated on no less than an annual basis. The | ||||||
| 6 | Pharmaceutical and Durable Medical Goods Committee shall | ||||||
| 7 | establish a process of open forum to the public for the | ||||||
| 8 | purposes of grievance and petition from suppliers, provider | ||||||
| 9 | groups, and the public regarding the formulary no less than 2 | ||||||
| 10 | times a year. | ||||||
| 11 | (c) All pharmacy and durable medical goods vendors must be | ||||||
| 12 | licensed to distribute medical goods through the regulations | ||||||
| 13 | outlined by the Board. | ||||||
| 14 | (d) All decisions and determinations of the Pharmaceutical | ||||||
| 15 | and Durable Medical Goods Committee must be presented to and | ||||||
| 16 | approved by the Board on an annual basis. | ||||||
| 17 | Section 60. Illinois Health Services Governing Board. | ||||||
| 18 | (a) The program shall be administered by an independent | ||||||
| 19 | agency known as the Illinois Health Services Governing Board. | ||||||
| 20 | The Board shall consist of a Commissioner, a Chief Medical | ||||||
| 21 | Officer, and 15 other public board members as follows: | ||||||
| 22 | (1) five members appointed by the Governor, two being | ||||||
| 23 | consumer representatives, one being the Commissioner of | ||||||
| 24 | the Board, and one being the Chief Medical Officer; | ||||||
| 25 | (2) five members appointed by the Lieutenant Governor, | ||||||
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| 1 | two of which shall be consumer representatives; | ||||||
| 2 | (3) five members elected in statewide elections by the | ||||||
| 3 | People of Illinois, one of which shall be a consumer | ||||||
| 4 | representative; | ||||||
| 5 | (4) one member appointed by the Speaker of the House; | ||||||
| 6 | and | ||||||
| 7 | (5) one member appointed by the President of the | ||||||
| 8 | Senate. | ||||||
| 9 | (b) The Board is responsible for administration of the | ||||||
| 10 | program, including: | ||||||
| 11 | (1) implementation of eligibility standards and | ||||||
| 12 | program enrollment; | ||||||
| 13 | (2) adoption of the benefits package; | ||||||
| 14 | (3) establishing formulas for setting health | ||||||
| 15 | expenditure budgets; | ||||||
| 16 | (4) administration of global budgets, capital | ||||||
| 17 | expenditure budgets, and prompt reimbursement of | ||||||
| 18 | providers; | ||||||
| 19 | (5) negotiations of service fee schedules and prices | ||||||
| 20 | for prescription drugs and durable medical supplies; | ||||||
| 21 | (6) recommending evidence-based changes to benefits; | ||||||
| 22 | and | ||||||
| 23 | (7) quality and planning functions, including criteria | ||||||
| 24 | for capital expansion and infrastructure development, | ||||||
| 25 | measurement and evaluation of health quality indicators, | ||||||
| 26 | and the establishment of regions for long-term care | ||||||
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| 1 | integration. | ||||||
| 2 | Section 65. Patients' rights. The program shall protect | ||||||
| 3 | the rights and privacy of the patients that it serves in | ||||||
| 4 | accordance with all current State and federal statutes. With | ||||||
| 5 | the development of the electronic medical records, patients | ||||||
| 6 | shall be afforded the right and option of keeping any portion | ||||||
| 7 | of their medical records separate from the electronic medical | ||||||
| 8 | records. Patients have the right to access their medical | ||||||
| 9 | records upon demand. | ||||||
| 10 | Section 70. Compensation. The Commissioner, the Chief | ||||||
| 11 | Medical Officer, public board members, and employees of the | ||||||
| 12 | program shall be compensated in accordance with the current | ||||||
| 13 | pay scale for State employees and as deemed professionally | ||||||
| 14 | appropriate by the General Assembly and reviewed in accordance | ||||||
| 15 | with all other State employees. | ||||||
| 16 | Section 99. Effective date. This Act takes effect January | ||||||
| 17 | 1, 2027. | ||||||
