HB2423eng 104TH GENERAL ASSEMBLY

HB2423 Engrossed LRB104 11310 KTG 21396 b

AN ACT concerning public aid.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Public Aid Code is amended by adding Sections 5-18.6 and 5-18.7 as follows:

(305 ILCS 5/5-18.6 new)

Sec. 5-18.6. Doula policies; hospitals and birthing centers.

(a) Recognizing the importance that doulas provide in the support and advocacy for pregnant persons, within 6 months after this amendatory Act of the 104th General Assembly, all hospitals with licensed obstetric beds and birthing centers shall adopt and maintain written policies and procedures to permit a patient enrolled in the medical assistance program to have an Illinois Medicaid certified and enrolled doula of the patient's choice accompany the patient within the facility's premises for the purposes of providing support before, during, and after labor and childbirth.

(1) An Illinois Medicaid certified and enrolled doula shall not be counted as a support person or against the guest quota before, during, or after childbirth.

(2) Each applicable facility shall post a summary of the facility's policies and procedures adopted in accordance with this subsection on its website, including contact information to facilitate communication between the facility and Illinois Medicaid enrolled doulas and doula organizations.

(b) Nothing in this Section shall be construed to provide a doula with access to a patient when that access is inconsistent with generally accepted medical standards or practices.

(c) Nothing in this Section is intended to expand or limit the malpractice liability of a hospital beyond the limits existing in current Illinois statutory and common law; however, no hospital shall be liable for any act or omission resulting from the provision of services by any doula solely on the basis that the hospital permitted an Illinois Medicaid certified and enrolled doula of the patient's choice to accompany the patient within the facility's premises for the purposes of providing support before, during, and after labor and childbirth. The hospital and Illinois Medicaid certified and enrolled doula providing care are responsible for their own acts and omissions.

(d) At the request of the hospital or birthing facility, Illinois Medicaid enrolled doulas must provide written acknowledgment of Illinois Medicaid doula certification and enrollment in the medical assistance program.

(305 ILCS 5/5-18.7 new)

Sec. 5-18.7. Standing recommendations. The Department of Healthcare and Family Services and the Department of Public Health may establish standing recommendations to meet Centers for Medicare and Medicaid Services requirements and ensure access to preventive services, including Medicaid-covered maternal and reproductive health supports and services, such as, but not limited to, doulas, lactation consultants, home visitors, community health workers, and 1115 Waiver services. No employee of the Department of Healthcare and Family Services or the Department of Public Health issuing a standing recommendation in accordance with this Section shall, as a result of the employee's acts or omissions in issuing the standing recommendation, be subject to (i) any disciplinary or other adverse action under the Medical Practice Act of 1987, (ii) any civil liability, or (iii) any criminal liability.