HB3287 - 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 | |||||||||||||||||||
| 5 | Illinois Medicare for All Health Care 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 | |||||||||||||||||||
| 16 | Board. | |||||||||||||||||||
| 17 | "Program" means the Illinois Health Services Program. | |||||||||||||||||||
| 18 | Section 15. Eligibility; registration. All individuals | |||||||||||||||||||
| 19 | residing in this State are covered under the Illinois Health | |||||||||||||||||||
| 20 | Services Program for health insurance and shall receive a card | |||||||||||||||||||
| 21 | with a unique number in the mail. An individual's social | |||||||||||||||||||
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| 1 | security number shall not be used for purposes of registration | ||||||
| 2 | under this Section. Individuals and families shall receive an | ||||||
| 3 | Illinois Health Services Insurance Card in the mail after | ||||||
| 4 | filling out a Program application form at a health care | ||||||
| 5 | provider. Such application form shall be no more than 2 pages | ||||||
| 6 | long. Individuals who present themselves for covered services | ||||||
| 7 | from a participating provider shall be presumed to be eligible | ||||||
| 8 | for benefits under this Act, but shall complete an application | ||||||
| 9 | for benefits in order to receive an Illinois Health Services | ||||||
| 10 | Insurance Card and have payment made for such benefits. | ||||||
| 11 | Section 20. Benefits and portability. | ||||||
| 12 | (a) The health coverage benefits under this Act cover all | ||||||
| 13 | medically necessary services, including: | ||||||
| 14 | (1) primary care and prevention; | ||||||
| 15 | (2) specialty care (other than what is deemed elective | ||||||
| 16 | cosmetic); | ||||||
| 17 | (3) inpatient care; | ||||||
| 18 | (4) outpatient care; | ||||||
| 19 | (5) emergency care; | ||||||
| 20 | (6) prescription drugs; | ||||||
| 21 | (7) durable medical equipment; | ||||||
| 22 | (8) long-term care; | ||||||
| 23 | (9) mental health services; | ||||||
| 24 | (10) the full scope of dental services (other than | ||||||
| 25 | elective cosmetic dentistry); | ||||||
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| 1 | (11) substance abuse treatment services; | ||||||
| 2 | (12) chiropractic services; and | ||||||
| 3 | (13) basic vision care and vision correction. | ||||||
| 4 | (b) Health coverage benefits under this Act are available | ||||||
| 5 | through any licensed health care provider anywhere in the | ||||||
| 6 | State that is legally qualified to provide such benefits and | ||||||
| 7 | for emergency care anywhere in the United States. | ||||||
| 8 | (c) No deductibles, copayments, coinsurance, or other cost | ||||||
| 9 | sharing shall be imposed with respect to covered benefits | ||||||
| 10 | except for those goods or services that exceed basic covered | ||||||
| 11 | benefits, as defined by the Board. | ||||||
| 12 | Section 25. Qualification of participating providers. | ||||||
| 13 | (a) Health care delivery facilities must meet regional and | ||||||
| 14 | State quality and licensing guidelines as a condition of | ||||||
| 15 | participation under the Program, including guidelines | ||||||
| 16 | regarding safe staffing and quality of care. | ||||||
| 17 | (b) A participating health care provider must be licensed | ||||||
| 18 | by the State. No health care provider whose license is under | ||||||
| 19 | suspension or has been revoked may participate in the Program | ||||||
| 20 | (c) Only non-profit health maintenance organizations that | ||||||
| 21 | actually deliver care in their own facilities and directly | ||||||
| 22 | employ clinicians may participate in the Program. | ||||||
| 23 | (d) Patients shall have free choice of participating | ||||||
| 24 | eligible providers, hospitals, and inpatient care facilities. | ||||||
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| 1 | Section 30. Provider reimbursement. | ||||||
| 2 | (a) The Program shall pay all health care providers | ||||||
| 3 | according to the following standards: | ||||||
| 4 | (1) Physicians and other practitioners can choose to | ||||||
| 5 | be paid fee-for-service, salaried by institutions | ||||||
| 6 | receiving global budgets, or salaried by group practices | ||||||
| 7 | or HMOs receiving capitation payments. Investor-owned HMOs | ||||||
| 8 | and group practices shall be converted to not-for-profit | ||||||
| 9 | status. Only institutions that deliver care shall be | ||||||
| 10 | eligible for Program payments. | ||||||
| 11 | (2) The Program shall pay each hospital and providing | ||||||
| 12 | institution a monthly lump sum (global budget) to cover | ||||||
| 13 | all operating expenses. The hospital and Program shall | ||||||
| 14 | negotiate the amount of this payment annually based on | ||||||
| 15 | past budgets, clinical performance, projected changes in | ||||||
| 16 | demand for services and input costs, and proposed new | ||||||
| 17 | programs. Hospitals shall not bill patients for services | ||||||
| 18 | covered by the Program, and cannot use any of their | ||||||
| 19 | operating budgets for expansion, profit, excessive | ||||||
| 20 | executive income, marketing, or major capital purchases or | ||||||
| 21 | leases. | ||||||
| 22 | (3) The Program budget shall fund major capital | ||||||
| 23 | expenditures, including the construction of new health | ||||||
| 24 | facilities and the purchase of expensive equipment. The | ||||||
| 25 | regional health planning districts shall allocate these | ||||||
| 26 | capital funds and oversee capital projects funded from | ||||||
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| 1 | private donations. | ||||||
| 2 | (b) The Program shall reimburse physicians choosing to be | ||||||
| 3 | paid fee-for-service according to a fee schedule negotiated | ||||||
| 4 | between physician representatives and the Program on at least | ||||||
| 5 | an annual basis. | ||||||
| 6 | (c) Hospitals, nursing homes, community health centers, | ||||||
| 7 | non-profit staff model HMOs, and home health care agencies | ||||||
| 8 | shall receive a global budget to cover operating expenses, | ||||||
| 9 | negotiated annually with the Program based on past | ||||||
| 10 | expenditures, past budgets, clinical performance, projected | ||||||
| 11 | changes in demand for services and input costs, and proposed | ||||||
| 12 | new programs. Expansions and other substantive capital | ||||||
| 13 | investments shall be funded separately. | ||||||
| 14 | (d) All covered prescription drugs and durable medical | ||||||
| 15 | supplies shall be paid for according to a fee schedule | ||||||
| 16 | negotiated between manufacturers and the Program on at least | ||||||
| 17 | an annual basis. Price reductions shall be achieved by bulk | ||||||
| 18 | purchasing whenever possible. Where therapeutically equivalent | ||||||
| 19 | drugs are available, the formulary shall specify the use of | ||||||
| 20 | the lowest-cost medication, with exceptions available in the | ||||||
| 21 | case of medical necessity. | ||||||
| 22 | Section 35. Prohibition against duplicating coverage; | ||||||
| 23 | investor-ownership of health delivery facilities. | ||||||
| 24 | (a) It is unlawful for a private health insurer to sell | ||||||
| 25 | health insurance coverage that duplicates the benefits | ||||||
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| 1 | provided under this Act. Nothing in this Act shall be | ||||||
| 2 | construed as prohibiting the sale of health insurance coverage | ||||||
| 3 | for any additional benefits not covered by this Act. | ||||||
| 4 | (b) Investor-ownership of health delivery facilities, | ||||||
| 5 | including hospitals, health maintenance organizations, nursing | ||||||
| 6 | homes, and clinics, is unlawful. Investor-owners of health | ||||||
| 7 | delivery facilities at the time of the effective date of this | ||||||
| 8 | Act shall be compensated for the loss of their facilities, but | ||||||
| 9 | not for loss of business opportunities or for administrative | ||||||
| 10 | capacity not used by the Program. | ||||||
| 11 | Section 40. Illinois Health Services Trust. | ||||||
| 12 | (a) The State shall establish the Illinois Health Services | ||||||
| 13 | Trust (IHST), the sole purpose of which shall be to provide the | ||||||
| 14 | financing reserve for the purposes outlined in this Act. | ||||||
| 15 | Specifically, the IHST shall provide all of the following: | ||||||
| 16 | (1) The funds for the general operating budget of the | ||||||
| 17 | Program. | ||||||
| 18 | (2) Reimbursement for those benefits outlined in | ||||||
| 19 | Section 20 of this Act. | ||||||
| 20 | (3) Public health services. | ||||||
| 21 | (4) Capital expenditures for construction or | ||||||
| 22 | renovation of health care facilities or major equipment | ||||||
| 23 | purchases deemed necessary throughout the State and | ||||||
| 24 | approved by the Board. | ||||||
| 25 | (5) Re-education and job placement of persons who have | ||||||
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| 1 | lost their jobs as a result of this transition, limited to | ||||||
| 2 | the first 5 years. | ||||||
| 3 | (b) The General Assembly or the Governor may provide funds | ||||||
| 4 | to the IHST, but may not remove or borrow funds from the IHST. | ||||||
| 5 | (c) The IHST shall be administered by the Board, under the | ||||||
| 6 | oversight of the General Assembly. | ||||||
| 7 | (d) Funding of the IHST shall include, but is not limited | ||||||
| 8 | to, all of the following: | ||||||
| 9 | (1) Funds appropriated as outlined by the General | ||||||
| 10 | Assembly on a yearly basis. | ||||||
| 11 | (2) A progressive set of graduated income | ||||||
| 12 | contributions: 20% paid by individuals, 20% paid by a | ||||||
| 13 | business, and 60% paid by the government. | ||||||
| 14 | (3) All federal moneys that are designated for health | ||||||
| 15 | care, including, but not limited to, all moneys designated | ||||||
| 16 | for Medicaid. The Secretary shall be authorized to | ||||||
| 17 | negotiate with the federal government for funding of | ||||||
| 18 | Medicare recipients. | ||||||
| 19 | (4) Grants and contributions, both public and private. | ||||||
| 20 | (5) Any other tax revenues designated by the General | ||||||
| 21 | Assembly. | ||||||
| 22 | (6) Any other funds specifically ear-marked for health | ||||||
| 23 | care or health care education, such as settlements from | ||||||
| 24 | litigation. | ||||||
| 25 | (e) The total overhead and administrative portion of the | ||||||
| 26 | Program budget may not exceed 12% of the total operating | ||||||
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| 1 | budget of the Program for the first 2 years that the Program is | ||||||
| 2 | in operation; 8% for the following 2 years; and 5% for each | ||||||
| 3 | year thereafter. | ||||||
| 4 | (f) The Program may be divided into regional districts for | ||||||
| 5 | the purposes of local administration and oversight of programs | ||||||
| 6 | that are specific to each region's needs. | ||||||
| 7 | (g) Claims billing from all providers must be submitted | ||||||
| 8 | electronically and in compliance with current State and | ||||||
| 9 | federal privacy laws within 5 years after the effective date | ||||||
| 10 | of this Act. Electronic claims and billing must be uniform | ||||||
| 11 | across the State. The Board shall create and implement a | ||||||
| 12 | statewide uniform system of electronic medical records that is | ||||||
| 13 | in compliance with current State and federal privacy laws | ||||||
| 14 | within 7 years after the effective date of this Act. Payments | ||||||
| 15 | to providers must be made in a timely fashion as outlined under | ||||||
| 16 | current State and federal law. Providers who accept payment | ||||||
| 17 | from the Program for services rendered may not bill any | ||||||
| 18 | patient for covered services. Providers may elect either to | ||||||
| 19 | participate fully, or not at all, in the Program. | ||||||
| 20 | Section 45. Long-term care payment. The Board shall | ||||||
| 21 | establish funding for long-term care services, including | ||||||
| 22 | in-home, nursing home, and community-based care. A local | ||||||
| 23 | public agency shall be established in each community to | ||||||
| 24 | determine eligibility and coordinate home and nursing home | ||||||
| 25 | long-term care. This agency may contract with long-term care | ||||||
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| 1 | providers for the full range of needed long-term care | ||||||
| 2 | services. | ||||||
| 3 | Section 50. Mental health services. The Program shall | ||||||
| 4 | provide coverage for all medically necessary mental health | ||||||
| 5 | care on the same basis as the coverage for other conditions. | ||||||
| 6 | The Program shall cover supportive residences, occupational | ||||||
| 7 | therapy, and ongoing mental health and counseling services | ||||||
| 8 | outside the hospital for patients with serious mental illness. | ||||||
| 9 | In all cases the highest quality and most effective care shall | ||||||
| 10 | be delivered, including institutional care. | ||||||
| 11 | Section 55. Payment for prescription medications, medical | ||||||
| 12 | supplies, and medically necessary assistive equipment. | ||||||
| 13 | (a) The Program shall establish a single prescription drug | ||||||
| 14 | formulary and list of approved durable medical goods and | ||||||
| 15 | supplies. The Board shall, by itself or by a committee of | ||||||
| 16 | health professionals and related individuals appointed by the | ||||||
| 17 | Board and called the Pharmaceutical and Durable Medical Goods | ||||||
| 18 | Committee, meet on a quarterly basis to discuss, reverse, add | ||||||
| 19 | to, or remove items from the formulary according to sound | ||||||
| 20 | medical practice. | ||||||
| 21 | (b) The Pharmaceutical and Durable Medical Goods Committee | ||||||
| 22 | shall negotiate the prices of pharmaceuticals and durable | ||||||
| 23 | medical goods with suppliers or manufacturers on an open bid | ||||||
| 24 | competitive basis. Prices shall be reviewed, negotiated, or | ||||||
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| 1 | re-negotiated on no less than an annual basis. The | ||||||
| 2 | Pharmaceutical and Durable Medical Goods Committee shall | ||||||
| 3 | establish a process of open forum to the public for the | ||||||
| 4 | purposes of grievance and petition from suppliers, provider | ||||||
| 5 | groups, and the public regarding the formulary no less than 2 | ||||||
| 6 | times a year. | ||||||
| 7 | (c) All pharmacy and durable medical goods vendors must be | ||||||
| 8 | licensed to distribute medical goods through the regulations | ||||||
| 9 | outlined by the Board. | ||||||
| 10 | (d) All decisions and determinations of the Pharmacy and | ||||||
| 11 | Durable Medical Goods Committee must be presented to and | ||||||
| 12 | approved by the Board on an annual basis. | ||||||
| 13 | Section 60. Illinois Health Services Governing Board. | ||||||
| 14 | (a) The Program shall be administered by an independent | ||||||
| 15 | agency known as the Illinois Health Services Governing Board. | ||||||
| 16 | The Board will consist of a Commissioner, a Chief Medical | ||||||
| 17 | Officer, and public State board members. The Board is | ||||||
| 18 | responsible for administration of the Program, including: | ||||||
| 19 | (1) implementation of eligibility standards and | ||||||
| 20 | Program enrollment; | ||||||
| 21 | (2) adoption of the benefits package; | ||||||
| 22 | (3) establishing formulas for setting health | ||||||
| 23 | expenditure budgets; | ||||||
| 24 | (4) administration of global budgets, capital | ||||||
| 25 | expenditure budgets, and prompt reimbursement of | ||||||
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| 1 | providers; | ||||||
| 2 | (5) negotiations of service fee schedules and prices | ||||||
| 3 | for prescription drugs and durable medical supplies; | ||||||
| 4 | (6) recommending evidence-based changes to benefits; | ||||||
| 5 | and | ||||||
| 6 | (7) quality and planning functions including criteria | ||||||
| 7 | for capital expansion and infrastructure development, | ||||||
| 8 | measurement and evaluation of health quality indicators, | ||||||
| 9 | and the establishment of regions for long-term care | ||||||
| 10 | integration. | ||||||
| 11 | (b) At least one-third of the members of the Board, | ||||||
| 12 | including all committees dedicated to benefits design, health | ||||||
| 13 | planning, quality, and long-term care, shall be consumer | ||||||
| 14 | representatives. | ||||||
| 15 | Section 65. Patients' rights. The Program shall protect | ||||||
| 16 | the rights and privacy of the patients that it serves in | ||||||
| 17 | accordance with all current State and federal statutes. With | ||||||
| 18 | the development of the electronic medical records, patients | ||||||
| 19 | shall be afforded the right and option of keeping any portion | ||||||
| 20 | of their medical records separate from the electronic medical | ||||||
| 21 | records. Patients have the right to access their medical | ||||||
| 22 | records upon demand. | ||||||
| 23 | Section 70. Compensation. The Commissioner, the Chief | ||||||
| 24 | Medical Officer, public State board members, and subsequent | ||||||
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| 1 | employees of the Program shall be compensated in accordance | ||||||
| 2 | with the current pay scale for State employees and as deemed | ||||||
| 3 | professionally appropriate by the General Assembly and | ||||||
| 4 | reviewed in accordance with all other State employees. | ||||||
| 5 | Section 99. Effective date. This Act takes effect January | ||||||
| 6 | 1, 2026. | ||||||
