104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3670

 

Introduced 2/5/2026, by Sen. Adriane Johnson

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Catch Heart Disease Early Act. Provides that all Illinois residents, 20 years of age or older, are entitled to heart disease screenings at no cost according to the following schedule: one screening every 6 years for individuals aged 20 through 39 years; and one screening every 2 years for individuals aged 40 years and older. Provides that no individual shall be charged any co-payment, co-insurance, deductible, out-of-pocket fee, or other cost-sharing amount or required to enter into any cost-sharing agreement in order to access heart disease screenings. Provides that the State of Illinois shall be the payer of last resort and only cover any outstanding screening costs for eligible uninsured or underinsured individuals whose public or private insurance, including Medicaid or Medicare, does not cover the full cost of heart disease screenings. Provides that service providers of heart disease screenings for eligible uninsured or underinsured Illinois residents shall be reimbursed through a voucher program. Requires the Department of Healthcare and Family Services to perform certain functions to implement the Act, including, but not limited to: (i) establishing a confidential registry to track screening dates and prevent duplicate heart disease screenings outside the authorized frequency; and (ii) provide a mechanism for individuals and providers to verify screening eligibility. Requires health care providers to verify an individual's age, residency, date of last heart disease screening, and other matters prior to administering a screening and recording it in the individual's medical record. Contains provisions on Department rules. Provides that, subject to appropriation, the Department shall implement the voucher program by July 1, 2027. Adds conforming language to the State Employees Group Insurance Act, the Counties Code, the Illinois Municipal Code, the School Code, the Illinois Public Aid Code, and the Illinois Insurance Code. Effective immediately.


LRB104 19624 KTG 33073 b

 

 

A BILL FOR

 

SB3670LRB104 19624 KTG 33073 b

1    AN ACT concerning health care.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Catch
5Heart Disease Early Act.
 
6    Section 5. Findings; purpose:
7    (a) The General Assembly finds that:
8        (1) As of 2022, heart disease is the leading cause of
9    death of Illinois adults.
10        (2) In 2022, 27.5% of all deaths in Illinois were
11    caused by either heart disease or stroke.
12        (3) Americans with income below the 10th percentile
13    were 24% more likely to die from cardiovascular illness
14    than the general population.
15        (4) Attending a heart disease screening is associated
16    with a 62% decrease in cardiovascular mortality and 55%
17    decrease in all-cause mortality.
18        (5) Reduction of out-of-pocket costs has successfully
19    increased uptake of similar screenings for other diseases.
20        (6) These screenings remain highly cost effective by
21    reducing downstream costs to patients and state and
22    federal agencies alike.
23    (b) The General Assembly deems it in the public interest

 

 

SB3670- 2 -LRB104 19624 KTG 33073 b

1to enact this Act in order to detect heart and other
2cardiovascular diseases in vulnerable populations and prompt
3referrals for early treatment and case management programs.
 
4    Section 10. Definitions. As used in this Act:
5    "Department" means the Department of Healthcare and Family
6Services.
7    "Heart disease screening" or "screening" means a
8diagnostic series of tests carried out by a medical
9professional to assess risk, history, and present condition of
10cardiovascular disease. "Heart disease screening" or
11"screening" includes, at a minimum, all of the following
12diagnostic tools and tests:
13        (1) Blood tests of cholesterol, triglycerides, and
14    blood sugar levels.
15        (2) Blood pressure check.
16        (3) Electrocardiogram.
17        (4) Echocardiogram.
18        (5) Exercise stress test.
19        (6) Coronary calcium scan.
 
20    Section 15. Annual heart disease screenings; insurance
21coverage.
22    (a) The Department of Healthcare and Family Services shall
23establish and implement a heart disease screening and voucher
24program. Under the program, all Illinois residents 20 years of

 

 

SB3670- 3 -LRB104 19624 KTG 33073 b

1age or older shall be entitled to heart disease screenings at
2no cost according to the following schedule:
3        (1) For individuals aged 20 through 39 years: one
4    screening every 6 years.
5        (2) For individuals aged 40 years and older: one
6    screening every 2 years.
7    (b) No individual shall be charged any co-payment,
8co-insurance, deductible, out-of-pocket fee, or other
9cost-sharing amount or required to enter into any cost-sharing
10agreement in order to access heart disease screenings covered
11under this Act at the frequencies established in subsection
12(a).
13    (c) The State of Illinois shall be a payer of last resort:
14        (1) For eligible Illinois residents with health
15    insurance coverage, including coverage under Medicare
16    (Title XVIII of the Social Security Act) or Medicaid
17    (Title XIX of the Social Security Act), such coverage
18    shall be the primary payer for heart disease screenings
19    covered under this Act at the frequency specified in
20    subsection (a). The insurer shall pay out the amount
21    consistent with the patient's coverage plan.
22        (2) For eligible Illinois residents whose insurance
23    plans do not cover the full costs of a heart disease
24    screening at a frequency no less than what is required
25    under subsection (a), the Department of Healthcare and
26    Family Services shall allocate the appropriate funding to

 

 

SB3670- 4 -LRB104 19624 KTG 33073 b

1    the service provider through a screening voucher program.
2    (d) Subject to appropriation, the Department shall
3implement and administer the heart disease screening voucher
4program by July 1, 2027.
 
5    Section 20. Implementation.
6    (a) The Department of Healthcare and Family Services
7shall:
8        (1) establish a confidential registry to track
9    screening dates and prevent duplicate heart disease
10    screenings outside the authorized frequency;
11        (2) provide a mechanism for individuals and providers
12    to verify eligibility for a heart disease screening based
13    on age and date of last screening;
14        (3) ensure the registry complies with all State and
15    federal privacy laws including federal requirements under
16    the Health Insurance Portability and Accountability Act of
17    1996; and
18        (4) allow individuals to opt out of the registry while
19    maintaining eligibility for heart disease screenings.
20    (b) Prior to administering a heart disease screening on an
21individual in accordance with this Act, providers shall:
22        (1) verify the individual's age and residency in
23    Illinois;
24        (2) verify the date of the individual's last heart
25    disease screening, if any;

 

 

SB3670- 5 -LRB104 19624 KTG 33073 b

1        (3) confirm the individual is eligible for a heart
2    disease screening under the age-based schedule established
3    in subsection (a) of Section 15; and
4        (4) document such verification in the individual's
5    medical record.
 
6    Section 25. Oversight.
7    (a) The Department shall oversee the implementation of
8this Act.
9    (b) The Department shall adopt rules to advance the aims
10of this Act, including, at minimum, the following:
11        (1) Allocate monies appropriated for the purposes of
12    this Act to cover the price of screening vouchers for
13    eligible individuals who are uninsured or underinsured.
14        (2) Coordinate with public and private insurance
15    providers, including Medicaid and Medicare, to ensure that
16    out-of-pocket costs are covered in their entirety and that
17    the State functions as a payer of last resort, with
18    insurance programs serving as the first payer.
19        (3) Communicate with the public, medical service
20    providers, primary physicians, and managed care
21    specialists to inform them of the heart disease screening
22    voucher program.
 
23    Section 30. Conflict of laws. Where the provisions of this
24Act conflict with any other law, the provisions of this Act

 

 

SB3670- 6 -LRB104 19624 KTG 33073 b

1shall control.
 
2    Section 35. The State Employees Group Insurance Act of
31971 is amended by changing Section 6.11 as follows:
 
4    (5 ILCS 375/6.11)
5    (Text of Section before amendment by P.A. 104-1)
6    Sec. 6.11. Required health benefits; Illinois Insurance
7Code requirements. The program of health benefits shall
8provide the post-mastectomy care benefits required to be
9covered by a policy of accident and health insurance under
10Section 356t of the Illinois Insurance Code. The program of
11health benefits shall provide the coverage required under
12Sections 356g, 356g.5, 356g.5-1, 356m, 356q, 356u, 356u.10,
13356w, 356x, 356z.2, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8,
14356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15,
15356z.17, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30, 356z.32,
16356z.33, 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47,
17356z.51, 356z.53, 356z.54, 356z.55, 356z.56, 356z.57, 356z.59,
18356z.60, 356z.61, 356z.62, 356z.64, 356z.67, 356z.68, 356z.70,
19356z.71, 356z.74, 356z.76, and 356z.77, and 356z.80, 356z.81,
20356z.82, 356z.83, 356z.84, and 356z.85 of the Illinois
21Insurance Code. The program of health benefits must comply
22with Sections 155.22a, 155.37, 355b, 356z.19, 370c, and 370c.1
23and Article XXXIIB of the Illinois Insurance Code. The program
24of health benefits shall provide the coverage required under

 

 

SB3670- 7 -LRB104 19624 KTG 33073 b

1Section 356m of the Illinois Insurance Code and, for the
2employees of the State Employee Group Insurance Program only,
3the coverage as also provided in Section 6.11B of this Act. The
4program of health benefits shall provide the coverage required
5under the Catch Heart Disease Early Act. The Department of
6Insurance shall enforce the requirements of this Section with
7respect to Sections 370c and 370c.1 and Article XXXIIB of the
8Illinois Insurance Code; all other requirements of this
9Section shall be enforced by the Department of Central
10Management Services.
11    Rulemaking authority to implement Public Act 95-1045, if
12any, is conditioned on the rules being adopted in accordance
13with all provisions of the Illinois Administrative Procedure
14Act and all rules and procedures of the Joint Committee on
15Administrative Rules; any purported rule not so adopted, for
16whatever reason, is unauthorized.
17(Source: P.A. 103-8, eff. 1-1-24; 103-84, eff. 1-1-24; 103-91,
18eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24;
19103-535, eff. 8-11-23; 103-551, eff. 8-11-23; 103-605, eff.
207-1-24; 103-718, eff. 7-19-24; 103-751, eff. 8-2-24; 103-870,
21eff. 1-1-25; 103-914, eff. 1-1-25; 103-918, eff. 1-1-25;
22103-951, eff. 1-1-25; 103-1024, eff. 1-1-25; 104-27, eff.
231-1-26, 104-42, eff. 8-1-25; 104-68, eff. 1-1-26; 104-73, eff.
241-1-26; 104-289, eff. 1-1-26; 104-324, eff. 1-1-26; 104-379,
25eff. 1-1-26; 104-417, eff. 8-15-25; revised 11-19-25.)
 

 

 

SB3670- 8 -LRB104 19624 KTG 33073 b

1    (Text of Section after amendment by P.A. 104-1)
2    Sec. 6.11. Required health benefits; Illinois Insurance
3Code requirements. The program of health benefits shall
4provide the post-mastectomy care benefits required to be
5covered by a policy of accident and health insurance under
6Section 356t of the Illinois Insurance Code. The program of
7health benefits shall provide the coverage required under
8Sections 356g, 356g.5, 356g.5-1, 356m, 356q, 356u, 356u.10,
9356w, 356x, 356z.2, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8,
10356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15,
11356z.17, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30, 356z.32,
12356z.33, 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47,
13356z.51, 356z.53, 356z.54, 356z.55, 356z.56, 356z.57, 356z.59,
14356z.60, 356z.61, 356z.62, 356z.64, 356z.67, 356z.68, 356z.70,
15356z.71, 356z.74, 356z.76, and 356z.77, 356z.79, and 356z.80,
16356z.81, 356z.82, 356z.83, 356z.84, and 356z.85 of the
17Illinois Insurance Code. The program of health benefits must
18comply with Sections 155.22a, 155.37, 355b, 356z.19, 370c, and
19370c.1 and Article XXXIIB of the Illinois Insurance Code. The
20program of health benefits shall provide the coverage required
21under Section 356m of the Illinois Insurance Code and, for the
22employees of the State Employee Group Insurance Program only,
23the coverage as also provided in Section 6.11B of this Act. The
24program of health benefits shall provide the coverage required
25under the Catch Heart Disease Early Act. The Department of
26Insurance shall enforce the requirements of this Section with

 

 

SB3670- 9 -LRB104 19624 KTG 33073 b

1respect to Sections 370c and 370c.1 and Article XXXIIB of the
2Illinois Insurance Code; all other requirements of this
3Section shall be enforced by the Department of Central
4Management Services.
5    Rulemaking authority to implement Public Act 95-1045, if
6any, is conditioned on the rules being adopted in accordance
7with all provisions of the Illinois Administrative Procedure
8Act and all rules and procedures of the Joint Committee on
9Administrative Rules; any purported rule not so adopted, for
10whatever reason, is unauthorized.
11(Source: P.A. 103-8, eff. 1-1-24; 103-84, eff. 1-1-24; 103-91,
12eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24;
13103-535, eff. 8-11-23; 103-551, eff. 8-11-23; 103-605, eff.
147-1-24; 103-718, eff. 7-19-24; 103-751, eff. 8-2-24; 103-870,
15eff. 1-1-25; 103-914, eff. 1-1-25; 103-918, eff. 1-1-25;
16103-951, eff. 1-1-25; 103-1024, eff. 1-1-25; 104-1, eff.
177-1-27; 104-27, eff. 1-1-26, 104-42, eff. 8-1-25; 104-68, eff.
181-1-26; 104-73, eff. 1-1-26; 104-289, eff. 1-1-26; 104-324,
19eff. 1-1-26; 104-379, eff. 1-1-26; 104-417, eff. 8-15-25;
20revised 11-19-25.)
 
21    Section 40. The Counties Code is amended by changing
22Section 5-1069.3 as follows:
 
23    (55 ILCS 5/5-1069.3)
24    (Text of Section before amendment by P.A. 104-446)

 

 

SB3670- 10 -LRB104 19624 KTG 33073 b

1    Sec. 5-1069.3. Required health benefits. If a county,
2including a home rule county, is a self-insurer for purposes
3of providing health insurance coverage for its employees, the
4coverage shall include coverage for the post-mastectomy care
5benefits required to be covered by a policy of accident and
6health insurance under Section 356t and the coverage required
7under Sections 356g, 356g.5, 356g.5-1, 356m, 356q, 356u,
8356u.10, 356w, 356x, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9,
9356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22,
10356z.25, 356z.26, 356z.29, 356z.30, 356z.32, 356z.33, 356z.36,
11356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.48, 356z.51,
12356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60, 356z.61,
13356z.62, 356z.64, 356z.67, 356z.68, 356z.70, 356z.71, 356z.74,
14and 356z.77, 356z.79, and 356z.80, 356z.81, 356z.82, 356z.83,
15356z.84, and 356z.85 of the Illinois Insurance Code, and the
16coverage required under the Catch Heart Disease Early Act. The
17coverage shall comply with Sections 155.22a, 355b, 356z.19,
18and 370c of the Illinois Insurance Code. The Department of
19Insurance shall enforce the requirements of this Section. The
20requirement that health benefits be covered as provided in
21this Section is an exclusive power and function of the State
22and is a denial and limitation under Article VII, Section 6,
23subsection (h) of the Illinois Constitution. A home rule
24county to which this Section applies must comply with every
25provision of this Section.
26    Rulemaking authority to implement Public Act 95-1045, if

 

 

SB3670- 11 -LRB104 19624 KTG 33073 b

1any, is conditioned on the rules being adopted in accordance
2with all provisions of the Illinois Administrative Procedure
3Act and all rules and procedures of the Joint Committee on
4Administrative Rules; any purported rule not so adopted, for
5whatever reason, is unauthorized.
6(Source: P.A. 103-84, eff. 1-1-24; 103-91, eff. 1-1-24;
7103-420, eff. 1-1-24; 103-445, eff. 1-1-24; 103-535, eff.
88-11-23; 103-551, eff. 8-11-23; 103-605, eff. 7-1-24; 103-718,
9eff. 7-19-24; 103-751, eff. 8-2-24; 103-914, eff. 1-1-25;
10103-918, eff. 1-1-25; 103-1024, eff. 1-1-25; 104-1, eff.
116-9-25; 104-42, eff. 8-1-25; 104-68, eff. 1-1-26; 104-73, eff.
121-1-26; 104-289, eff. 1-1-26; 104-324, eff. 1-1-26; 104-379,
13eff. 1-1-26; 104-417, eff. 8-15-25; revised 1-7-26.)
 
14    (Text of Section after amendment by P.A. 104-446)
15    Sec. 5-1069.3. Required health benefits. If a county,
16including a home rule county, is a self-insurer for purposes
17of providing health insurance coverage for its employees, the
18coverage shall include coverage for the post-mastectomy care
19benefits required to be covered by a policy of accident and
20health insurance under Section 356t and the coverage required
21under Sections 356g, 356g.5, 356g.5-1, 356m, 356q, 356u,
22356u.10, 356w, 356x, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9,
23356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22,
24356z.25, 356z.26, 356z.29, 356z.30, 356z.32, 356z.33, 356z.36,
25356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.48, 356z.51,

 

 

SB3670- 12 -LRB104 19624 KTG 33073 b

1356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60, 356z.61,
2356z.62, 356z.64, 356z.67, 356z.68, 356z.70, 356z.71, 356z.74,
3and 356z.77, 356z.79, and 356z.80, 356z.81, 356z.82, 356z.83,
4356z.84, and 356z.85 of the Illinois Insurance Code, and the
5coverage required under the Catch Heart Disease Early Act. The
6coverage shall comply with Sections 155.22a, 355b, 356z.19,
7370c, and 370c.4 of the Illinois Insurance Code. The
8Department of Insurance shall enforce the requirements of this
9Section. The requirement that health benefits be covered as
10provided in this Section is an exclusive power and function of
11the State and is a denial and limitation under Article VII,
12Section 6, subsection (h) of the Illinois Constitution. A home
13rule county to which this Section applies must comply with
14every provision of this Section.
15    Rulemaking authority to implement Public Act 95-1045, if
16any, is conditioned on the rules being adopted in accordance
17with all provisions of the Illinois Administrative Procedure
18Act and all rules and procedures of the Joint Committee on
19Administrative Rules; any purported rule not so adopted, for
20whatever reason, is unauthorized.
21(Source: P.A. 103-84, eff. 1-1-24; 103-91, eff. 1-1-24;
22103-420, eff. 1-1-24; 103-445, eff. 1-1-24; 103-535, eff.
238-11-23; 103-551, eff. 8-11-23; 103-605, eff. 7-1-24; 103-718,
24eff. 7-19-24; 103-751, eff. 8-2-24; 103-914, eff. 1-1-25;
25103-918, eff. 1-1-25; 103-1024, eff. 1-1-25; 104-1, eff.
266-9-25; 104-42, eff. 8-1-25; 104-68, eff. 1-1-26; 104-73, eff.

 

 

SB3670- 13 -LRB104 19624 KTG 33073 b

11-1-26; 104-289, eff. 1-1-26; 104-324, eff. 1-1-26; 104-379,
2eff. 1-1-26; 104-417, eff. 8-15-25; 104-446, eff. 6-1-26;
3revised 1-7-26.)
 
4    Section 45. The Illinois Municipal Code is amended by
5changing Section 10-4-2.3 as follows:
 
6    (65 ILCS 5/10-4-2.3)
7    (Text of Section before amendment by P.A. 104-446)
8    Sec. 10-4-2.3. Required health benefits. If a
9municipality, including a home rule municipality, is a
10self-insurer for purposes of providing health insurance
11coverage for its employees, the coverage shall include
12coverage for the post-mastectomy care benefits required to be
13covered by a policy of accident and health insurance under
14Section 356t and the coverage required under Sections 356g,
15356g.5, 356g.5-1, 356m, 356q, 356u, 356u.10, 356w, 356x,
16356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11,
17356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26,
18356z.29, 356z.30, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41,
19356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53, 356z.54,
20356z.56, 356z.57, 356z.59, 356z.60, 356z.61, 356z.62, 356z.64,
21356z.67, 356z.68, 356z.70, 356z.71, 356z.74, and 356z.77,
22356z.79, and 356z.80, 356z.81, 356z.82, 356z.83, 356z.84, and
23356z.85 of the Illinois Insurance Code, and the coverage
24required under the Catch Heart Disease Early Act. The coverage

 

 

SB3670- 14 -LRB104 19624 KTG 33073 b

1shall comply with Sections 155.22a, 355b, 356z.19, and 370c of
2the Illinois Insurance Code. The Department of Insurance shall
3enforce the requirements of this Section. The requirement that
4health benefits be covered as provided in this Section is an
5exclusive power and function of the State and is a denial and
6limitation under Article VII, Section 6, subsection (h) of the
7Illinois Constitution. A home rule municipality to which this
8Section applies must comply with every provision of this
9Section.
10    Rulemaking authority to implement Public Act 95-1045, if
11any, is conditioned on the rules being adopted in accordance
12with all provisions of the Illinois Administrative Procedure
13Act and all rules and procedures of the Joint Committee on
14Administrative Rules; any purported rule not so adopted, for
15whatever reason, is unauthorized.
16(Source: P.A. 103-84, eff. 1-1-24; 103-91, eff. 1-1-24;
17103-420, eff. 1-1-24; 103-445, eff. 1-1-24; 103-535, eff.
188-11-23; 103-551, eff. 8-11-23; 103-605, eff. 7-1-24; 103-718,
19eff. 7-19-24; 103-751, eff. 8-2-24; 103-914, eff. 1-1-25;
20103-918, eff. 1-1-25; 103-1024, eff. 1-1-25; 104-1, eff.
216-9-25; 104-42, eff. 8-1-25; 104-68, eff. 1-1-26; 104-73, eff.
221-1-26; 104-289, eff. 1-1-26; 104-324, eff. 1-1-26; 104-379,
23eff. 1-1-26; 104-417, eff. 8-15-25; revised 1-8-26.)
 
24    (Text of Section after amendment by P.A. 104-446)
25    Sec. 10-4-2.3. Required health benefits. If a

 

 

SB3670- 15 -LRB104 19624 KTG 33073 b

1municipality, including a home rule municipality, is a
2self-insurer for purposes of providing health insurance
3coverage for its employees, the coverage shall include
4coverage for the post-mastectomy care benefits required to be
5covered by a policy of accident and health insurance under
6Section 356t and the coverage required under Sections 356g,
7356g.5, 356g.5-1, 356m, 356q, 356u, 356u.10, 356w, 356x,
8356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11,
9356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26,
10356z.29, 356z.30, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41,
11356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53, 356z.54,
12356z.56, 356z.57, 356z.59, 356z.60, 356z.61, 356z.62, 356z.64,
13356z.67, 356z.68, 356z.70, 356z.71, 356z.74, and 356z.77,
14356z.79, and 356z.80, 356z.81, 356z.82, 356z.83, 356z.84, and
15356z.85 of the Illinois Insurance Code, and the coverage
16required under the Catch Heart Disease Early Act. The coverage
17shall comply with Sections 155.22a, 355b, 356z.19, 370c, and
18370c.4 of the Illinois Insurance Code. The Department of
19Insurance shall enforce the requirements of this Section. The
20requirement that health benefits be covered as provided in
21this Section is an exclusive power and function of the State
22and is a denial and limitation under Article VII, Section 6,
23subsection (h) of the Illinois Constitution. A home rule
24municipality to which this Section applies must comply with
25every provision of this Section.
26    Rulemaking authority to implement Public Act 95-1045, if

 

 

SB3670- 16 -LRB104 19624 KTG 33073 b

1any, is conditioned on the rules being adopted in accordance
2with all provisions of the Illinois Administrative Procedure
3Act and all rules and procedures of the Joint Committee on
4Administrative Rules; any purported rule not so adopted, for
5whatever reason, is unauthorized.
6(Source: P.A. 103-84, eff. 1-1-24; 103-91, eff. 1-1-24;
7103-420, eff. 1-1-24; 103-445, eff. 1-1-24; 103-535, eff.
88-11-23; 103-551, eff. 8-11-23; 103-605, eff. 7-1-24; 103-718,
9eff. 7-19-24; 103-751, eff. 8-2-24; 103-914, eff. 1-1-25;
10103-918, eff. 1-1-25; 103-1024, eff. 1-1-25; 104-1, eff.
116-9-25; 104-42, eff. 8-1-25; 104-68, eff. 1-1-26; 104-73, eff.
121-1-26; 104-289, eff. 1-1-26; 104-324, eff. 1-1-26; 104-379,
13eff. 1-1-26; 104-417, eff. 8-15-25; 104-446, eff. 6-1-26;
14revised 1-8-26.)
 
15    Section 50. The School Code is amended by changing Section
1610-22.3f as follows:
 
17    (105 ILCS 5/10-22.3f)
18    (Text of Section before amendment by P.A. 104-446)
19    Sec. 10-22.3f. Required health benefits. Insurance
20protection and benefits for employees shall provide the
21post-mastectomy care benefits required to be covered by a
22policy of accident and health insurance under Section 356t and
23the coverage required under Sections 356g, 356g.5, 356g.5-1,
24356m, 356q, 356u, 356u.10, 356w, 356x, 356z.4, 356z.4a,

 

 

SB3670- 17 -LRB104 19624 KTG 33073 b

1356z.6, 356z.8, 356z.9, 356z.11, 356z.12, 356z.13, 356z.14,
2356z.15, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30, 356z.32,
3356z.33, 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47,
4356z.51, 356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60,
5356z.61, 356z.62, 356z.64, 356z.67, 356z.68, 356z.70, 356z.71,
6356z.74, and 356z.77, 356z.79, and 356z.80, 356z.81, 356z.82,
7356z.83, 356z.84, and 356z.85 of the Illinois Insurance Code,
8and the coverage required under the Catch Heart Disease Early
9Act. Insurance policies shall comply with Section 356z.19 of
10the Illinois Insurance Code. The coverage shall comply with
11Sections 155.22a, 355b, and 370c and Article XXXIIB of the
12Illinois Insurance Code. The Department of Insurance shall
13enforce the requirements of this Section.
14    Rulemaking authority to implement Public Act 95-1045, if
15any, is conditioned on the rules being adopted in accordance
16with all provisions of the Illinois Administrative Procedure
17Act and all rules and procedures of the Joint Committee on
18Administrative Rules; any purported rule not so adopted, for
19whatever reason, is unauthorized.
20(Source: P.A. 103-84, eff. 1-1-24; 103-91, eff. 1-1-24;
21103-420, eff. 1-1-24; 103-445, eff. 1-1-24; 103-535, eff.
228-11-23; 103-551, eff. 8-11-23; 103-605, eff. 7-1-24; 103-718,
23eff. 7-19-24; 103-751, eff. 8-2-24; 103-914, eff. 1-1-25;
24103-918, eff. 1-1-25; 103-1024, eff. 1-1-25; 104-1, eff.
256-9-25; 104-27, eff. 1-1-26; 104-42, eff. 8-1-25; 104-68, eff.
261-1-26; 104-73, eff. 1-1-26; 104-289, eff. 1-1-26; 104-324,

 

 

SB3670- 18 -LRB104 19624 KTG 33073 b

1eff. 1-1-26; 104-379, eff. 1-1-26; 104-417, eff. 8-15-25;
2revised 1-8-26.)
 
3    (Text of Section after amendment by P.A. 104-446)
4    Sec. 10-22.3f. Required health benefits. Insurance
5protection and benefits for employees shall provide the
6post-mastectomy care benefits required to be covered by a
7policy of accident and health insurance under Section 356t and
8the coverage required under Sections 356g, 356g.5, 356g.5-1,
9356m, 356q, 356u, 356u.10, 356w, 356x, 356z.4, 356z.4a,
10356z.6, 356z.8, 356z.9, 356z.11, 356z.12, 356z.13, 356z.14,
11356z.15, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30, 356z.32,
12356z.33, 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47,
13356z.51, 356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60,
14356z.61, 356z.62, 356z.64, 356z.67, 356z.68, 356z.70, 356z.71,
15356z.74, and 356z.77, 356z.79, and 356z.80, 356z.81, 356z.82,
16356z.83, 356z.84, and 356z.85 of the Illinois Insurance Code,
17and the coverage required under the Catch Heart Disease Early
18Act. Insurance policies shall comply with Section 356z.19 of
19the Illinois Insurance Code. The coverage shall comply with
20Sections 155.22a, 355b, 370c, and 370c.4 and Article XXXIIB of
21the Illinois Insurance Code. The Department of Insurance shall
22enforce the requirements of this Section.
23    Rulemaking authority to implement Public Act 95-1045, if
24any, is conditioned on the rules being adopted in accordance
25with all provisions of the Illinois Administrative Procedure

 

 

SB3670- 19 -LRB104 19624 KTG 33073 b

1Act and all rules and procedures of the Joint Committee on
2Administrative Rules; any purported rule not so adopted, for
3whatever reason, is unauthorized.
4(Source: P.A. 103-84, eff. 1-1-24; 103-91, eff. 1-1-24;
5103-420, eff. 1-1-24; 103-445, eff. 1-1-24; 103-535, eff.
68-11-23; 103-551, eff. 8-11-23; 103-605, eff. 7-1-24; 103-718,
7eff. 7-19-24; 103-751, eff. 8-2-24; 103-914, eff. 1-1-25;
8103-918, eff. 1-1-25; 103-1024, eff. 1-1-25; 104-1, eff.
96-9-25; 104-27, eff. 1-1-26; 104-42, eff. 8-1-25; 104-68, eff.
101-1-26; 104-73, eff. 1-1-26; 104-289, eff. 1-1-26; 104-324,
11eff. 1-1-26; 104-379, eff. 1-1-26; 104-417, eff. 8-15-25;
12104-446, eff. 6-1-26; revised 1-8-26.)
 
13    Section 55. The Illinois Insurance Code is amended by
14adding Section 356z.86 as follows:
 
15    (215 ILCS 5/356z.86 new)
16    Sec. 356z.86. Coverage for heart disease screening test. A
17group or individual plan of accident and health insurance or
18managed care plan amended, delivered, issued, or renewed on or
19after January 1, 2027 shall provide coverage for a heart
20disease screening test according to the following schedule:
21        (1) For individuals aged 20 through 39 years: one
22    screening every 6 years.
23        (2) For individuals aged 40 years and older: one
24    screening every 2 years.
 

 

 

SB3670- 20 -LRB104 19624 KTG 33073 b

1    Section 60. The Health Maintenance Organization Act is
2amended by changing Section 5-3 as follows:
 
3    (215 ILCS 125/5-3)  (from Ch. 111 1/2, par. 1411.2)
4    Sec. 5-3. Illinois Insurance Code provisions.
5    (a) Health Maintenance Organizations shall be subject to
6the provisions of Sections 133, 134, 136, 137, 139, 140,
7141.1, 141.2, 141.3, 143, 143.31, 143c, 147, 148, 149, 151,
8152, 153, 154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a,
9155.49, 352c, 355.2, 355.3, 355.6, 355.7, 355b, 355c, 356f,
10356g, 356g.5-1, 356m, 356q, 356u.10, 356v, 356w, 356x, 356z.2,
11356z.3a, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, 356z.9,
12356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17,
13356z.18, 356z.19, 356z.20, 356z.21, 356z.22, 356z.23, 356z.24,
14356z.25, 356z.26, 356z.28, 356z.29, 356z.30, 356z.31, 356z.32,
15356z.33, 356z.34, 356z.35, 356z.36, 356z.37, 356z.38, 356z.39,
16356z.40, 356z.40a, 356z.41, 356z.44, 356z.45, 356z.46,
17356z.47, 356z.48, 356z.49, 356z.50, 356z.51, 356z.53, 356z.54,
18356z.55, 356z.56, 356z.57, 356z.58, 356z.59, 356z.60, 356z.61,
19356z.62, 356z.63, 356z.64, 356z.65, 356z.66, 356z.67, 356z.68,
20356z.69, 356z.70, 356z.71, 356z.72, 356z.73, 356z.74, 356z.75,
21356z.76, 356z.77, 356z.78, 356z.79, 356z.80, 356z.81, 356z.82,
22356z.83, 356z.84, 356z.85, 364, 364.01, 364.3, 367.2, 367.2-5,
23367i, 368a, 368b, 368c, 368d, 368e, 370a, 370c, 370c.1, 401,
24401.1, 402, 403, 403A, 408, 408.2, 409, 412, 444, and 444.1,

 

 

SB3670- 21 -LRB104 19624 KTG 33073 b

1paragraph (c) of subsection (2) of Section 367, and Articles
2IIA, VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV, XXVI, and
3XXXIIB of the Illinois Insurance Code.Health Maintenance
4Organizations shall be subject to the provisions of the Catch
5Heart Disease Early Act.
6    (b) For purposes of the Illinois Insurance Code, except
7for Sections 444 and 444.1 and Articles XIII and XIII 1/2,
8Health Maintenance Organizations in the following categories
9are deemed to be "domestic companies":
10        (1) a corporation authorized under the Dental Service
11    Plan Act or the Voluntary Health Services Plans Act;
12        (2) a corporation organized under the laws of this
13    State; or
14        (3) a corporation organized under the laws of another
15    state, 30% or more of the enrollees of which are residents
16    of this State, except a corporation subject to
17    substantially the same requirements in its state of
18    organization as is a "domestic company" under Article VIII
19    1/2 of the Illinois Insurance Code.
20    (c) In considering the merger, consolidation, or other
21acquisition of control of a Health Maintenance Organization
22pursuant to Article VIII 1/2 of the Illinois Insurance Code,
23        (1) the Director shall give primary consideration to
24    the continuation of benefits to enrollees and the
25    financial conditions of the acquired Health Maintenance
26    Organization after the merger, consolidation, or other

 

 

SB3670- 22 -LRB104 19624 KTG 33073 b

1    acquisition of control takes effect;
2        (2)(i) the criteria specified in subsection (1)(b) of
3    Section 131.8 of the Illinois Insurance Code shall not
4    apply and (ii) the Director, in making his determination
5    with respect to the merger, consolidation, or other
6    acquisition of control, need not take into account the
7    effect on competition of the merger, consolidation, or
8    other acquisition of control;
9        (3) the Director shall have the power to require the
10    following information:
11            (A) certification by an independent actuary of the
12        adequacy of the reserves of the Health Maintenance
13        Organization sought to be acquired;
14            (B) pro forma financial statements reflecting the
15        combined balance sheets of the acquiring company and
16        the Health Maintenance Organization sought to be
17        acquired as of the end of the preceding year and as of
18        a date 90 days prior to the acquisition, as well as pro
19        forma financial statements reflecting projected
20        combined operation for a period of 2 years;
21            (C) a pro forma business plan detailing an
22        acquiring party's plans with respect to the operation
23        of the Health Maintenance Organization sought to be
24        acquired for a period of not less than 3 years; and
25            (D) such other information as the Director shall
26        require.

 

 

SB3670- 23 -LRB104 19624 KTG 33073 b

1    (d) The provisions of Article VIII 1/2 of the Illinois
2Insurance Code and this Section 5-3 shall apply to the sale by
3any health maintenance organization of greater than 10% of its
4enrollee population (including, without limitation, the health
5maintenance organization's right, title, and interest in and
6to its health care certificates).
7    (e) In considering any management contract or service
8agreement subject to Section 141.1 of the Illinois Insurance
9Code, the Director (i) shall, in addition to the criteria
10specified in Section 141.2 of the Illinois Insurance Code,
11take into account the effect of the management contract or
12service agreement on the continuation of benefits to enrollees
13and the financial condition of the health maintenance
14organization to be managed or serviced, and (ii) need not take
15into account the effect of the management contract or service
16agreement on competition.
17    (f) Except for small employer groups as defined in the
18Small Employer Rating, Renewability and Portability Health
19Insurance Act and except for medicare supplement policies as
20defined in Section 363 of the Illinois Insurance Code, a
21Health Maintenance Organization may by contract agree with a
22group or other enrollment unit to effect refunds or charge
23additional premiums under the following terms and conditions:
24        (i) the amount of, and other terms and conditions with
25    respect to, the refund or additional premium are set forth
26    in the group or enrollment unit contract agreed in advance

 

 

SB3670- 24 -LRB104 19624 KTG 33073 b

1    of the period for which a refund is to be paid or
2    additional premium is to be charged (which period shall
3    not be less than one year); and
4        (ii) the amount of the refund or additional premium
5    shall not exceed 20% of the Health Maintenance
6    Organization's profitable or unprofitable experience with
7    respect to the group or other enrollment unit for the
8    period (and, for purposes of a refund or additional
9    premium, the profitable or unprofitable experience shall
10    be calculated taking into account a pro rata share of the
11    Health Maintenance Organization's administrative and
12    marketing expenses, but shall not include any refund to be
13    made or additional premium to be paid pursuant to this
14    subsection (f)). The Health Maintenance Organization and
15    the group or enrollment unit may agree that the profitable
16    or unprofitable experience may be calculated taking into
17    account the refund period and the immediately preceding 2
18    plan years.
19    The Health Maintenance Organization shall include a
20statement in the evidence of coverage issued to each enrollee
21describing the possibility of a refund or additional premium,
22and upon request of any group or enrollment unit, provide to
23the group or enrollment unit a description of the method used
24to calculate (1) the Health Maintenance Organization's
25profitable experience with respect to the group or enrollment
26unit and the resulting refund to the group or enrollment unit

 

 

SB3670- 25 -LRB104 19624 KTG 33073 b

1or (2) the Health Maintenance Organization's unprofitable
2experience with respect to the group or enrollment unit and
3the resulting additional premium to be paid by the group or
4enrollment unit.
5    In no event shall the Illinois Health Maintenance
6Organization Guaranty Association be liable to pay any
7contractual obligation of an insolvent organization to pay any
8refund authorized under this Section.
9    (g) Rulemaking authority to implement Public Act 95-1045,
10if any, is conditioned on the rules being adopted in
11accordance with all provisions of the Illinois Administrative
12Procedure Act and all rules and procedures of the Joint
13Committee on Administrative Rules; any purported rule not so
14adopted, for whatever reason, is unauthorized.
15(Source: P.A. 103-84, eff. 1-1-24; 103-91, eff. 1-1-24;
16103-123, eff. 1-1-24; 103-154, eff. 6-30-23; 103-420, eff.
171-1-24; 103-426, eff. 8-4-23; 103-445, eff. 1-1-24; 103-551,
18eff. 8-11-23; 103-605, eff. 7-1-24; 103-618, eff. 1-1-25;
19103-649, eff. 1-1-25; 103-656, eff. 1-1-25; 103-700, eff.
201-1-25; 103-718, eff. 7-19-24; 103-751, eff. 8-2-24; 103-753,
21eff. 8-2-24; 103-758, eff. 1-1-25; 103-777, eff. 8-2-24;
22103-808, eff. 1-1-26; 103-914, eff. 1-1-25; 103-918, eff.
231-1-25; 103-1024, eff. 1-1-25; 104-1, eff. 6-9-25; 104-28,
24eff. 1-1-26; 104-42, eff. 8-1-25; 104-68, eff. 1-1-26; 104-73,
25eff. 1-1-26; 104-98, eff. 1-1-26; 104-289, eff. 1-1-26;
26104-324, eff. 1-1-26; 104-334, eff. 8-15-25; 104-379, eff.

 

 

SB3670- 26 -LRB104 19624 KTG 33073 b

11-1-26; 104-417, eff. 8-15-25; revised 11-21-25.)
 
2    Section 65. The Illinois Public Aid Code is amended by
3changing Section 5-5 as follows:
 
4    (305 ILCS 5/5-5)
5    Sec. 5-5. Medical services. The Illinois Department, by
6rule, shall determine the quantity and quality of and the rate
7of reimbursement for the medical assistance for which payment
8will be authorized, and the medical services to be provided,
9which may include all or part of the following: (1) inpatient
10hospital services; (2) outpatient hospital services; (3) other
11laboratory and X-ray services; (4) skilled nursing home
12services; (5) physicians' services whether furnished in the
13office, the patient's home, a hospital, a skilled nursing
14home, or elsewhere; (6) medical care, or any other type of
15remedial care furnished by licensed practitioners; (7) home
16health care services; (8) private duty nursing service; (9)
17clinic services; (10) dental services, including prevention
18and treatment of periodontal disease and dental caries disease
19for pregnant individuals, provided by an individual licensed
20to practice dentistry or dental surgery; for purposes of this
21item (10), "dental services" means diagnostic, preventive, or
22corrective procedures provided by or under the supervision of
23a dentist in the practice of his or her profession; (11)
24physical therapy and related services; (12) prescribed drugs,

 

 

SB3670- 27 -LRB104 19624 KTG 33073 b

1dentures, and prosthetic devices; and eyeglasses prescribed by
2a physician skilled in the diseases of the eye, or by an
3optometrist, whichever the person may select; (13) other
4diagnostic, screening, preventive, and rehabilitative
5services, including to ensure that the individual's need for
6intervention or treatment of mental disorders or substance use
7disorders or co-occurring mental health and substance use
8disorders is determined using a uniform screening, assessment,
9and evaluation process inclusive of criteria, for children and
10adults; for purposes of this item (13), a uniform screening,
11assessment, and evaluation process refers to a process that
12includes an appropriate evaluation and, as warranted, a
13referral; "uniform" does not mean the use of a singular
14instrument, tool, or process that all must utilize; (14)
15transportation and such other expenses as may be necessary;
16(15) medical treatment of sexual assault survivors, as defined
17in Section 1a of the Sexual Assault Survivors Emergency
18Treatment Act, for injuries sustained as a result of the
19sexual assault, including examinations and laboratory tests to
20discover evidence which may be used in criminal proceedings
21arising from the sexual assault; (16) the diagnosis and
22treatment of sickle cell anemia; (16.5) services performed by
23a chiropractic physician licensed under the Medical Practice
24Act of 1987 and acting within the scope of his or her license,
25including, but not limited to, chiropractic manipulative
26treatment; and (17) any other medical care, and any other type

 

 

SB3670- 28 -LRB104 19624 KTG 33073 b

1of remedial care recognized under the laws of this State. The
2term "any other type of remedial care" shall include nursing
3care and nursing home service for persons who rely on
4treatment by spiritual means alone through prayer for healing.
5    Notwithstanding any other provision of this Section, a
6comprehensive tobacco use cessation program that includes
7purchasing prescription drugs or prescription medical devices
8approved by the Food and Drug Administration shall be covered
9under the medical assistance program under this Article for
10persons who are otherwise eligible for assistance under this
11Article.
12    Notwithstanding any other provision of this Code,
13reproductive health care that is otherwise legal in Illinois
14shall be covered under the medical assistance program for
15persons who are otherwise eligible for medical assistance
16under this Article.
17    Notwithstanding any other provision of this Section, all
18tobacco cessation medications approved by the United States
19Food and Drug Administration and all individual and group
20tobacco cessation counseling services and telephone-based
21counseling services and tobacco cessation medications provided
22through the Illinois Tobacco Quitline shall be covered under
23the medical assistance program for persons who are otherwise
24eligible for assistance under this Article. The Department
25shall comply with all federal requirements necessary to obtain
26federal financial participation, as specified in 42 CFR

 

 

SB3670- 29 -LRB104 19624 KTG 33073 b

1433.15(b)(7), for telephone-based counseling services provided
2through the Illinois Tobacco Quitline, including, but not
3limited to: (i) entering into a memorandum of understanding or
4interagency agreement with the Department of Public Health, as
5administrator of the Illinois Tobacco Quitline; and (ii)
6developing a cost allocation plan for Medicaid-allowable
7Illinois Tobacco Quitline services in accordance with 45 CFR
895.507. The Department shall submit the memorandum of
9understanding or interagency agreement, the cost allocation
10plan, and all other necessary documentation to the Centers for
11Medicare and Medicaid Services for review and approval.
12Coverage under this paragraph shall be contingent upon federal
13approval.
14    Notwithstanding any other provision of this Code, the
15Illinois Department may not require, as a condition of payment
16for any laboratory test authorized under this Article, that a
17physician's handwritten signature appear on the laboratory
18test order form. The Illinois Department may, however, impose
19other appropriate requirements regarding laboratory test order
20documentation.
21    Upon receipt of federal approval of an amendment to the
22Illinois Title XIX State Plan for this purpose, the Department
23shall authorize the Chicago Public Schools (CPS) to procure a
24vendor or vendors to manufacture eyeglasses for individuals
25enrolled in a school within the CPS system. CPS shall ensure
26that its vendor or vendors are enrolled as providers in the

 

 

SB3670- 30 -LRB104 19624 KTG 33073 b

1medical assistance program and in any capitated Medicaid
2managed care entity (MCE) serving individuals enrolled in a
3school within the CPS system. Under any contract procured
4under this provision, the vendor or vendors must serve only
5individuals enrolled in a school within the CPS system. Claims
6for services provided by CPS's vendor or vendors to recipients
7of benefits in the medical assistance program under this Code,
8the Children's Health Insurance Program, or the Covering ALL
9KIDS Health Insurance Program shall be submitted to the
10Department or the MCE in which the individual is enrolled for
11payment and shall be reimbursed at the Department's or the
12MCE's established rates or rate methodologies for eyeglasses.
13    On and after July 1, 2012, the Department of Healthcare
14and Family Services may provide the following services to
15persons eligible for assistance under this Article who are
16participating in education, training or employment programs
17operated by the Department of Human Services as successor to
18the Department of Public Aid:
19        (1) dental services provided by or under the
20    supervision of a dentist; and
21        (2) eyeglasses prescribed by a physician skilled in
22    the diseases of the eye, or by an optometrist, whichever
23    the person may select.
24    On and after July 1, 2018, the Department of Healthcare
25and Family Services shall provide dental services to any adult
26who is otherwise eligible for assistance under the medical

 

 

SB3670- 31 -LRB104 19624 KTG 33073 b

1assistance program. As used in this paragraph, "dental
2services" means diagnostic, preventative, restorative, or
3corrective procedures, including procedures and services for
4the prevention and treatment of periodontal disease and dental
5caries disease, provided by an individual who is licensed to
6practice dentistry or dental surgery or who is under the
7supervision of a dentist in the practice of his or her
8profession.
9    On and after July 1, 2018, targeted dental services, as
10set forth in Exhibit D of the Consent Decree entered by the
11United States District Court for the Northern District of
12Illinois, Eastern Division, in the matter of Memisovski v.
13Maram, Case No. 92 C 1982, that are provided to adults under
14the medical assistance program shall be established at no less
15than the rates set forth in the "New Rate" column in Exhibit D
16of the Consent Decree for targeted dental services that are
17provided to persons under the age of 18 under the medical
18assistance program.
19    Subject to federal approval, on and after January 1, 2025,
20the rates paid for sedation evaluation and the provision of
21deep sedation and intravenous sedation for the purpose of
22dental services shall be increased by 33% above the rates in
23effect on December 31, 2024. The rates paid for nitrous oxide
24sedation shall not be impacted by this paragraph and shall
25remain the same as the rates in effect on December 31, 2024.
26    Notwithstanding any other provision of this Code and

 

 

SB3670- 32 -LRB104 19624 KTG 33073 b

1subject to federal approval, the Department may adopt rules to
2allow a dentist who is volunteering his or her service at no
3cost to render dental services through an enrolled
4not-for-profit health clinic without the dentist personally
5enrolling as a participating provider in the medical
6assistance program. A not-for-profit health clinic shall
7include a public health clinic or Federally Qualified Health
8Center or other enrolled provider, as determined by the
9Department, through which dental services covered under this
10Section are performed. The Department shall establish a
11process for payment of claims for reimbursement for covered
12dental services rendered under this provision.
13    Subject to appropriation and to federal approval, the
14Department shall file administrative rules updating the
15Handicapping Labio-Lingual Deviation orthodontic scoring tool
16by January 1, 2025, or as soon as practicable.
17    On and after January 1, 2022, the Department of Healthcare
18and Family Services shall administer and regulate a
19school-based dental program that allows for the out-of-office
20delivery of preventative dental services in a school setting
21to children under 19 years of age. The Department shall
22establish, by rule, guidelines for participation by providers
23and set requirements for follow-up referral care based on the
24requirements established in the Dental Office Reference Manual
25published by the Department that establishes the requirements
26for dentists participating in the All Kids Dental School

 

 

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1Program. Every effort shall be made by the Department when
2developing the program requirements to consider the different
3geographic differences of both urban and rural areas of the
4State for initial treatment and necessary follow-up care. No
5provider shall be charged a fee by any unit of local government
6to participate in the school-based dental program administered
7by the Department. Nothing in this paragraph shall be
8construed to limit or preempt a home rule unit's or school
9district's authority to establish, change, or administer a
10school-based dental program in addition to, or independent of,
11the school-based dental program administered by the
12Department.
13    The Illinois Department, by rule, may distinguish and
14classify the medical services to be provided only in
15accordance with the classes of persons designated in Section
165-2.
17    The Department of Healthcare and Family Services must
18provide coverage and reimbursement for amino acid-based
19elemental formulas, regardless of delivery method, for the
20diagnosis and treatment of (i) eosinophilic disorders and (ii)
21short bowel syndrome when the prescribing physician has issued
22a written order stating that the amino acid-based elemental
23formula is medically necessary.
24    The Illinois Department shall authorize the provision of,
25and shall authorize payment for, screening by low-dose
26mammography for the presence of occult breast cancer for

 

 

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1individuals 35 years of age or older who are eligible for
2medical assistance under this Article, as follows:
3        (A) A baseline mammogram for individuals 35 to 39
4    years of age.
5        (B) An annual mammogram for individuals 40 years of
6    age or older.
7        (C) A mammogram at the age and intervals considered
8    medically necessary by the individual's health care
9    provider for individuals under 40 years of age and having
10    a family history of breast cancer, prior personal history
11    of breast cancer, positive genetic testing, or other risk
12    factors.
13        (D) A comprehensive ultrasound screening and MRI of an
14    entire breast or breasts if a mammogram demonstrates
15    heterogeneous or dense breast tissue or when medically
16    necessary as determined by a physician licensed to
17    practice medicine in all of its branches.
18        (E) A screening MRI when medically necessary, as
19    determined by a physician licensed to practice medicine in
20    all of its branches.
21        (F) A diagnostic mammogram when medically necessary,
22    as determined by a physician licensed to practice medicine
23    in all its branches, advanced practice registered nurse,
24    or physician assistant.
25        (G) Molecular breast imaging (MBI) and MRI of an
26    entire breast or breasts if a mammogram demonstrates

 

 

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1    heterogeneous or dense breast tissue or when medically
2    necessary as determined by a physician licensed to
3    practice medicine in all of its branches, advanced
4    practice registered nurse, or physician assistant.
5    The Department shall not impose a deductible, coinsurance,
6copayment, or any other cost-sharing requirement on the
7coverage provided under this paragraph; except that this
8sentence does not apply to coverage of diagnostic mammograms
9to the extent such coverage would disqualify a high-deductible
10health plan from eligibility for a health savings account
11pursuant to Section 223 of the Internal Revenue Code (26
12U.S.C. 223).
13    All screenings shall include a physical breast exam,
14instruction on self-examination and information regarding the
15frequency of self-examination and its value as a preventative
16tool.
17    For purposes of this Section:
18    "Diagnostic mammogram" means a mammogram obtained using
19diagnostic mammography.
20    "Diagnostic mammography" means a method of screening that
21is designed to evaluate an abnormality in a breast, including
22an abnormality seen or suspected on a screening mammogram or a
23subjective or objective abnormality otherwise detected in the
24breast.
25    "Low-dose mammography" means the x-ray examination of the
26breast using equipment dedicated specifically for mammography,

 

 

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1including the x-ray tube, filter, compression device, and
2image receptor, with an average radiation exposure delivery of
3less than one rad per breast for 2 views of an average size
4breast. The term also includes digital mammography and
5includes breast tomosynthesis.
6    "Breast tomosynthesis" means a radiologic procedure that
7involves the acquisition of projection images over the
8stationary breast to produce cross-sectional digital
9three-dimensional images of the breast.
10    If, at any time, the Secretary of the United States
11Department of Health and Human Services, or its successor
12agency, promulgates rules or regulations to be published in
13the Federal Register or publishes a comment in the Federal
14Register or issues an opinion, guidance, or other action that
15would require the State, pursuant to any provision of the
16Patient Protection and Affordable Care Act (Public Law
17111-148), including, but not limited to, 42 U.S.C.
1818031(d)(3)(B) or any successor provision, to defray the cost
19of any coverage for breast tomosynthesis outlined in this
20paragraph, then the requirement that an insurer cover breast
21tomosynthesis is inoperative other than any such coverage
22authorized under Section 1902 of the Social Security Act, 42
23U.S.C. 1396a, and the State shall not assume any obligation
24for the cost of coverage for breast tomosynthesis set forth in
25this paragraph.
26    On and after January 1, 2016, the Department shall ensure

 

 

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1that all networks of care for adult clients of the Department
2include access to at least one breast imaging Center of
3Imaging Excellence as certified by the American College of
4Radiology.
5    On and after January 1, 2012, providers participating in a
6quality improvement program approved by the Department shall
7be reimbursed for screening and diagnostic mammography at the
8same rate as the Medicare program's rates, including the
9increased reimbursement for digital mammography and, after
10January 1, 2023 (the effective date of Public Act 102-1018),
11breast tomosynthesis.
12    The Department shall convene an expert panel including
13representatives of hospitals, free-standing mammography
14facilities, and doctors, including radiologists, to establish
15quality standards for mammography.
16    On and after January 1, 2017, providers participating in a
17breast cancer treatment quality improvement program approved
18by the Department shall be reimbursed for breast cancer
19treatment at a rate that is no lower than 95% of the Medicare
20program's rates for the data elements included in the breast
21cancer treatment quality program.
22    The Department shall convene an expert panel, including
23representatives of hospitals, free-standing breast cancer
24treatment centers, breast cancer quality organizations, and
25doctors, including radiologists that are trained in all forms
26of FDA-approved breast imaging technologies, breast surgeons,

 

 

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1reconstructive breast surgeons, oncologists, and primary care
2providers to establish quality standards for breast cancer
3treatment.
4    Subject to federal approval, the Department shall
5establish a rate methodology for mammography at federally
6qualified health centers and other encounter-rate clinics.
7These clinics or centers may also collaborate with other
8hospital-based mammography facilities. By January 1, 2016, the
9Department shall report to the General Assembly on the status
10of the provision set forth in this paragraph.
11    The Department shall establish a methodology to remind
12individuals who are age-appropriate for screening mammography,
13but who have not received a mammogram within the previous 18
14months, of the importance and benefit of screening
15mammography. The Department shall work with experts in breast
16cancer outreach and patient navigation to optimize these
17reminders and shall establish a methodology for evaluating
18their effectiveness and modifying the methodology based on the
19evaluation.
20    The Department shall establish a performance goal for
21primary care providers with respect to their female patients
22over age 40 receiving an annual mammogram. This performance
23goal shall be used to provide additional reimbursement in the
24form of a quality performance bonus to primary care providers
25who meet that goal.
26    The Department shall devise a means of case-managing or

 

 

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1patient navigation for beneficiaries diagnosed with breast
2cancer. This program shall initially operate as a pilot
3program in areas of the State with the highest incidence of
4mortality related to breast cancer. At least one pilot program
5site shall be in the metropolitan Chicago area and at least one
6site shall be outside the metropolitan Chicago area. On or
7after July 1, 2016, the pilot program shall be expanded to
8include one site in western Illinois, one site in southern
9Illinois, one site in central Illinois, and 4 sites within
10metropolitan Chicago. An evaluation of the pilot program shall
11be carried out measuring health outcomes and cost of care for
12those served by the pilot program compared to similarly
13situated patients who are not served by the pilot program.
14    The Department shall require all networks of care to
15develop a means either internally or by contract with experts
16in navigation and community outreach to navigate cancer
17patients to comprehensive care in a timely fashion. The
18Department shall require all networks of care to include
19access for patients diagnosed with cancer to at least one
20academic commission on cancer-accredited cancer program as an
21in-network covered benefit.
22    The Department shall provide coverage and reimbursement
23for a human papillomavirus (HPV) vaccine that is approved for
24marketing by the federal Food and Drug Administration for all
25persons between the ages of 9 and 45. Subject to federal
26approval, the Department shall provide coverage and

 

 

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1reimbursement for a human papillomavirus (HPV) vaccine for
2persons of the age of 46 and above who have been diagnosed with
3cervical dysplasia with a high risk of recurrence or
4progression. The Department shall disallow any
5preauthorization requirements for the administration of the
6human papillomavirus (HPV) vaccine.
7    On or after July 1, 2022, individuals who are otherwise
8eligible for medical assistance under this Article shall
9receive coverage for perinatal depression screenings for the
1012-month period beginning on the last day of their pregnancy.
11Medical assistance coverage under this paragraph shall be
12conditioned on the use of a screening instrument approved by
13the Department.
14    Any medical or health care provider shall immediately
15recommend, to any pregnant individual who is being provided
16prenatal services and is suspected of having a substance use
17disorder as defined in the Substance Use Disorder Act,
18referral to a local substance use disorder treatment program
19licensed by the Department of Human Services or to a licensed
20hospital which provides substance abuse treatment services.
21The Department of Healthcare and Family Services shall assure
22coverage for the cost of treatment of the drug abuse or
23addiction for pregnant recipients in accordance with the
24Illinois Medicaid Program in conjunction with the Department
25of Human Services.
26    All medical providers providing medical assistance to

 

 

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1pregnant individuals under this Code shall receive information
2from the Department on the availability of services under any
3program providing case management services for addicted
4individuals, including information on appropriate referrals
5for other social services that may be needed by addicted
6individuals in addition to treatment for addiction.
7    The Illinois Department, in cooperation with the
8Departments of Human Services (as successor to the Department
9of Alcoholism and Substance Abuse) and Public Health, through
10a public awareness campaign, may provide information
11concerning treatment for alcoholism and drug abuse and
12addiction, prenatal health care, and other pertinent programs
13directed at reducing the number of drug-affected infants born
14to recipients of medical assistance.
15    Neither the Department of Healthcare and Family Services
16nor the Department of Human Services shall sanction the
17recipient solely on the basis of the recipient's substance
18abuse.
19    The Illinois Department shall establish such regulations
20governing the dispensing of health services under this Article
21as it shall deem appropriate. The Department should seek the
22advice of formal professional advisory committees appointed by
23the Director of the Illinois Department for the purpose of
24providing regular advice on policy and administrative matters,
25information dissemination and educational activities for
26medical and health care providers, and consistency in

 

 

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1procedures to the Illinois Department.
2    The Illinois Department may develop and contract with
3Partnerships of medical providers to arrange medical services
4for persons eligible under Section 5-2 of this Code.
5Implementation of this Section may be by demonstration
6projects in certain geographic areas. The Partnership shall be
7represented by a sponsor organization. The Department, by
8rule, shall develop qualifications for sponsors of
9Partnerships. Nothing in this Section shall be construed to
10require that the sponsor organization be a medical
11organization.
12    The sponsor must negotiate formal written contracts with
13medical providers for physician services, inpatient and
14outpatient hospital care, home health services, treatment for
15alcoholism and substance abuse, and other services determined
16necessary by the Illinois Department by rule for delivery by
17Partnerships. Physician services must include prenatal and
18obstetrical care. The Illinois Department shall reimburse
19medical services delivered by Partnership providers to clients
20in target areas according to provisions of this Article and
21the Illinois Health Finance Reform Act, except that:
22        (1) Physicians participating in a Partnership and
23    providing certain services, which shall be determined by
24    the Illinois Department, to persons in areas covered by
25    the Partnership may receive an additional surcharge for
26    such services.

 

 

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1        (2) The Department may elect to consider and negotiate
2    financial incentives to encourage the development of
3    Partnerships and the efficient delivery of medical care.
4        (3) Persons receiving medical services through
5    Partnerships may receive medical and case management
6    services above the level usually offered through the
7    medical assistance program.
8    Medical providers shall be required to meet certain
9qualifications to participate in Partnerships to ensure the
10delivery of high quality medical services. These
11qualifications shall be determined by rule of the Illinois
12Department and may be higher than qualifications for
13participation in the medical assistance program. Partnership
14sponsors may prescribe reasonable additional qualifications
15for participation by medical providers, only with the prior
16written approval of the Illinois Department.
17    Nothing in this Section shall limit the free choice of
18practitioners, hospitals, and other providers of medical
19services by clients. In order to ensure patient freedom of
20choice, the Illinois Department shall immediately promulgate
21all rules and take all other necessary actions so that
22provided services may be accessed from therapeutically
23certified optometrists to the full extent of the Illinois
24Optometric Practice Act of 1987 without discriminating between
25service providers.
26    The Department shall apply for a waiver from the United

 

 

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1States Health Care Financing Administration to allow for the
2implementation of Partnerships under this Section.
3    The Illinois Department shall require health care
4providers to maintain records that document the medical care
5and services provided to recipients of Medical Assistance
6under this Article. Such records must be retained for a period
7of not less than 6 years from the date of service or as
8provided by applicable State law, whichever period is longer,
9except that if an audit is initiated within the required
10retention period then the records must be retained until the
11audit is completed and every exception is resolved. The
12Illinois Department shall require health care providers to
13make available, when authorized by the patient, in writing,
14the medical records in a timely fashion to other health care
15providers who are treating or serving persons eligible for
16Medical Assistance under this Article. All dispensers of
17medical services shall be required to maintain and retain
18business and professional records sufficient to fully and
19accurately document the nature, scope, details and receipt of
20the health care provided to persons eligible for medical
21assistance under this Code, in accordance with regulations
22promulgated by the Illinois Department. The rules and
23regulations shall require that proof of the receipt of
24prescription drugs, dentures, prosthetic devices and
25eyeglasses by eligible persons under this Section accompany
26each claim for reimbursement submitted by the dispenser of

 

 

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1such medical services. No such claims for reimbursement shall
2be approved for payment by the Illinois Department without
3such proof of receipt, unless the Illinois Department shall
4have put into effect and shall be operating a system of
5post-payment audit and review which shall, on a sampling
6basis, be deemed adequate by the Illinois Department to assure
7that such drugs, dentures, prosthetic devices and eyeglasses
8for which payment is being made are actually being received by
9eligible recipients. Within 90 days after September 16, 1984
10(the effective date of Public Act 83-1439), the Illinois
11Department shall establish a current list of acquisition costs
12for all prosthetic devices and any other items recognized as
13medical equipment and supplies reimbursable under this Article
14and shall update such list on a quarterly basis, except that
15the acquisition costs of all prescription drugs shall be
16updated no less frequently than every 30 days as required by
17Section 5-5.12.
18    Notwithstanding any other law to the contrary, the
19Illinois Department shall, within 365 days after July 22, 2013
20(the effective date of Public Act 98-104), establish
21procedures to permit skilled care facilities licensed under
22the Nursing Home Care Act to submit monthly billing claims for
23reimbursement purposes. Following development of these
24procedures, the Department shall, by July 1, 2016, test the
25viability of the new system and implement any necessary
26operational or structural changes to its information

 

 

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1technology platforms in order to allow for the direct
2acceptance and payment of nursing home claims.
3    Notwithstanding any other law to the contrary, the
4Illinois Department shall, within 365 days after August 15,
52014 (the effective date of Public Act 98-963), establish
6procedures to permit ID/DD facilities licensed under the ID/DD
7Community Care Act and MC/DD facilities licensed under the
8MC/DD Act to submit monthly billing claims for reimbursement
9purposes. Following development of these procedures, the
10Department shall have an additional 365 days to test the
11viability of the new system and to ensure that any necessary
12operational or structural changes to its information
13technology platforms are implemented.
14    The Illinois Department shall require all dispensers of
15medical services, other than an individual practitioner or
16group of practitioners, desiring to participate in the Medical
17Assistance program established under this Article to disclose
18all financial, beneficial, ownership, equity, surety or other
19interests in any and all firms, corporations, partnerships,
20associations, business enterprises, joint ventures, agencies,
21institutions or other legal entities providing any form of
22health care services in this State under this Article.
23    The Illinois Department may require that all dispensers of
24medical services desiring to participate in the medical
25assistance program established under this Article disclose,
26under such terms and conditions as the Illinois Department may

 

 

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1by rule establish, all inquiries from clients and attorneys
2regarding medical bills paid by the Illinois Department, which
3inquiries could indicate potential existence of claims or
4liens for the Illinois Department.
5    Enrollment of a vendor shall be subject to a provisional
6period and shall be conditional for one year. During the
7period of conditional enrollment, the Department may terminate
8the vendor's eligibility to participate in, or may disenroll
9the vendor from, the medical assistance program without cause.
10Unless otherwise specified, such termination of eligibility or
11disenrollment is not subject to the Department's hearing
12process. However, a disenrolled vendor may reapply without
13penalty.
14    The Department has the discretion to limit the conditional
15enrollment period for vendors based upon the category of risk
16of the vendor.
17    Prior to enrollment and during the conditional enrollment
18period in the medical assistance program, all vendors shall be
19subject to enhanced oversight, screening, and review based on
20the risk of fraud, waste, and abuse that is posed by the
21category of risk of the vendor. The Illinois Department shall
22establish the procedures for oversight, screening, and review,
23which may include, but need not be limited to: criminal and
24financial background checks; fingerprinting; license,
25certification, and authorization verifications; unscheduled or
26unannounced site visits; database checks; prepayment audit

 

 

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1reviews; audits; payment caps; payment suspensions; and other
2screening as required by federal or State law.
3    The Department shall define or specify the following: (i)
4by provider notice, the "category of risk of the vendor" for
5each type of vendor, which shall take into account the level of
6screening applicable to a particular category of vendor under
7federal law and regulations; (ii) by rule or provider notice,
8the maximum length of the conditional enrollment period for
9each category of risk of the vendor; and (iii) by rule, the
10hearing rights, if any, afforded to a vendor in each category
11of risk of the vendor that is terminated or disenrolled during
12the conditional enrollment period.
13    To be eligible for payment consideration, a vendor's
14payment claim or bill, either as an initial claim or as a
15resubmitted claim following prior rejection, must be received
16by the Illinois Department, or its fiscal intermediary, no
17later than 180 days after the latest date on the claim on which
18medical goods or services were provided, with the following
19exceptions:
20        (1) In the case of a provider whose enrollment is in
21    process by the Illinois Department, the 180-day period
22    shall not begin until the date on the written notice from
23    the Illinois Department that the provider enrollment is
24    complete.
25        (2) In the case of errors attributable to the Illinois
26    Department or any of its claims processing intermediaries

 

 

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1    which result in an inability to receive, process, or
2    adjudicate a claim, the 180-day period shall not begin
3    until the provider has been notified of the error.
4        (3) In the case of a provider for whom the Illinois
5    Department initiates the monthly billing process.
6        (4) In the case of a provider operated by a unit of
7    local government with a population exceeding 3,000,000
8    when local government funds finance federal participation
9    for claims payments.
10    For claims for services rendered during a period for which
11a recipient received retroactive eligibility, claims must be
12filed within 180 days after the Department determines the
13applicant is eligible. For claims for which the Illinois
14Department is not the primary payer, claims must be submitted
15to the Illinois Department within 180 days after the final
16adjudication by the primary payer.
17    In the case of long term care facilities, within 120
18calendar days of receipt by the facility of required
19prescreening information, new admissions with associated
20admission documents shall be submitted through the Medical
21Electronic Data Interchange (MEDI) or the Recipient
22Eligibility Verification (REV) System or shall be submitted
23directly to the Department of Human Services using required
24admission forms. Effective September 1, 2014, admission
25documents, including all prescreening information, must be
26submitted through MEDI or REV. Confirmation numbers assigned

 

 

SB3670- 50 -LRB104 19624 KTG 33073 b

1to an accepted transaction shall be retained by a facility to
2verify timely submittal. Once an admission transaction has
3been completed, all resubmitted claims following prior
4rejection are subject to receipt no later than 180 days after
5the admission transaction has been completed.
6    Claims that are not submitted and received in compliance
7with the foregoing requirements shall not be eligible for
8payment under the medical assistance program, and the State
9shall have no liability for payment of those claims.
10    To the extent consistent with applicable information and
11privacy, security, and disclosure laws, State and federal
12agencies and departments shall provide the Illinois Department
13access to confidential and other information and data
14necessary to perform eligibility and payment verifications and
15other Illinois Department functions. This includes, but is not
16limited to: information pertaining to licensure;
17certification; earnings; immigration status; citizenship; wage
18reporting; unearned and earned income; pension income;
19employment; supplemental security income; social security
20numbers; National Provider Identifier (NPI) numbers; the
21National Practitioner Data Bank (NPDB); program and agency
22exclusions; taxpayer identification numbers; tax delinquency;
23corporate information; and death records.
24    The Illinois Department shall enter into agreements with
25State agencies and departments, and is authorized to enter
26into agreements with federal agencies and departments, under

 

 

SB3670- 51 -LRB104 19624 KTG 33073 b

1which such agencies and departments shall share data necessary
2for medical assistance program integrity functions and
3oversight. The Illinois Department shall develop, in
4cooperation with other State departments and agencies, and in
5compliance with applicable federal laws and regulations,
6appropriate and effective methods to share such data. At a
7minimum, and to the extent necessary to provide data sharing,
8the Illinois Department shall enter into agreements with State
9agencies and departments, and is authorized to enter into
10agreements with federal agencies and departments, including,
11but not limited to: the Secretary of State; the Department of
12Revenue; the Department of Public Health; the Department of
13Human Services; and the Department of Financial and
14Professional Regulation.
15    Beginning in fiscal year 2013, the Illinois Department
16shall set forth a request for information to identify the
17benefits of a pre-payment, post-adjudication, and post-edit
18claims system with the goals of streamlining claims processing
19and provider reimbursement, reducing the number of pending or
20rejected claims, and helping to ensure a more transparent
21adjudication process through the utilization of: (i) provider
22data verification and provider screening technology; and (ii)
23clinical code editing; and (iii) pre-pay, pre-adjudicated, or
24post-adjudicated predictive modeling with an integrated case
25management system with link analysis. Such a request for
26information shall not be considered as a request for proposal

 

 

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1or as an obligation on the part of the Illinois Department to
2take any action or acquire any products or services.
3    The Illinois Department shall establish policies,
4procedures, standards and criteria by rule for the
5acquisition, repair and replacement of orthotic and prosthetic
6devices and durable medical equipment. Such rules shall
7provide, but not be limited to, the following services: (1)
8immediate repair or replacement of such devices by recipients;
9and (2) rental, lease, purchase or lease-purchase of durable
10medical equipment in a cost-effective manner, taking into
11consideration the recipient's medical prognosis, the extent of
12the recipient's needs, and the requirements and costs for
13maintaining such equipment. Subject to prior approval, such
14rules shall enable a recipient to temporarily acquire and use
15alternative or substitute devices or equipment pending repairs
16or replacements of any device or equipment previously
17authorized for such recipient by the Department.
18Notwithstanding any provision of Section 5-5f to the contrary,
19the Department may, by rule, exempt certain replacement
20wheelchair parts from prior approval and, for wheelchairs,
21wheelchair parts, wheelchair accessories, and related seating
22and positioning items, determine the wholesale price by
23methods other than actual acquisition costs.
24    The Department shall require, by rule, all providers of
25durable medical equipment to be accredited by an accreditation
26organization approved by the federal Centers for Medicare and

 

 

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1Medicaid Services and recognized by the Department in order to
2bill the Department for providing durable medical equipment to
3recipients. No later than 15 months after the effective date
4of the rule adopted pursuant to this paragraph, all providers
5must meet the accreditation requirement.
6    In order to promote environmental responsibility, meet the
7needs of recipients and enrollees, and achieve significant
8cost savings, the Department, or a managed care organization
9under contract with the Department, may provide recipients or
10managed care enrollees who have a prescription or Certificate
11of Medical Necessity access to refurbished durable medical
12equipment under this Section (excluding prosthetic and
13orthotic devices as defined in the Orthotics, Prosthetics, and
14Pedorthics Practice Act and complex rehabilitation technology
15products and associated services) through the State's
16assistive technology program's reutilization program, using
17staff with the Assistive Technology Professional (ATP)
18Certification if the refurbished durable medical equipment:
19(i) is available; (ii) is less expensive, including shipping
20costs, than new durable medical equipment of the same type;
21(iii) is able to withstand at least 3 years of use; (iv) is
22cleaned, disinfected, sterilized, and safe in accordance with
23federal Food and Drug Administration regulations and guidance
24governing the reprocessing of medical devices in health care
25settings; and (v) equally meets the needs of the recipient or
26enrollee. The reutilization program shall confirm that the

 

 

SB3670- 54 -LRB104 19624 KTG 33073 b

1recipient or enrollee is not already in receipt of the same or
2similar equipment from another service provider, and that the
3refurbished durable medical equipment equally meets the needs
4of the recipient or enrollee. Nothing in this paragraph shall
5be construed to limit recipient or enrollee choice to obtain
6new durable medical equipment or place any additional prior
7authorization conditions on enrollees of managed care
8organizations.
9    The Department shall execute, relative to the nursing home
10prescreening project, written inter-agency agreements with the
11Department of Human Services and the Department on Aging, to
12effect the following: (i) intake procedures and common
13eligibility criteria for those persons who are receiving
14non-institutional services; and (ii) the establishment and
15development of non-institutional services in areas of the
16State where they are not currently available or are
17undeveloped; and (iii) notwithstanding any other provision of
18law, subject to federal approval, on and after July 1, 2012, an
19increase in the determination of need (DON) scores from 29 to
2037 for applicants for institutional and home and
21community-based long term care; if and only if federal
22approval is not granted, the Department may, in conjunction
23with other affected agencies, implement utilization controls
24or changes in benefit packages to effectuate a similar savings
25amount for this population; and (iv) no later than July 1,
262013, minimum level of care eligibility criteria for

 

 

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1institutional and home and community-based long term care; and
2(v) no later than October 1, 2013, establish procedures to
3permit long term care providers access to eligibility scores
4for individuals with an admission date who are seeking or
5receiving services from the long term care provider. In order
6to select the minimum level of care eligibility criteria, the
7Governor shall establish a workgroup that includes affected
8agency representatives and stakeholders representing the
9institutional and home and community-based long term care
10interests. This Section shall not restrict the Department from
11implementing lower level of care eligibility criteria for
12community-based services in circumstances where federal
13approval has been granted.
14    The Illinois Department shall develop and operate, in
15cooperation with other State Departments and agencies and in
16compliance with applicable federal laws and regulations,
17appropriate and effective systems of health care evaluation
18and programs for monitoring of utilization of health care
19services and facilities, as it affects persons eligible for
20medical assistance under this Code.
21    The Illinois Department shall report annually to the
22General Assembly, no later than the second Friday in April of
231979 and each year thereafter, in regard to:
24        (a) actual statistics and trends in utilization of
25    medical services by public aid recipients;
26        (b) actual statistics and trends in the provision of

 

 

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1    the various medical services by medical vendors;
2        (c) current rate structures and proposed changes in
3    those rate structures for the various medical vendors; and
4        (d) efforts at utilization review and control by the
5    Illinois Department.
6    The period covered by each report shall be the 3 years
7ending on the June 30 prior to the report. The report shall
8include suggested legislation for consideration by the General
9Assembly. The requirement for reporting to the General
10Assembly shall be satisfied by filing copies of the report as
11required by Section 3.1 of the General Assembly Organization
12Act, and filing such additional copies with the State
13Government Report Distribution Center for the General Assembly
14as is required under paragraph (t) of Section 7 of the State
15Library Act.
16    Rulemaking authority to implement Public Act 95-1045, if
17any, is conditioned on the rules being adopted in accordance
18with all provisions of the Illinois Administrative Procedure
19Act and all rules and procedures of the Joint Committee on
20Administrative Rules; any purported rule not so adopted, for
21whatever reason, is unauthorized.
22    On and after July 1, 2012, the Department shall reduce any
23rate of reimbursement for services or other payments or alter
24any methodologies authorized by this Code to reduce any rate
25of reimbursement for services or other payments in accordance
26with Section 5-5e.

 

 

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1    Because kidney transplantation can be an appropriate,
2cost-effective alternative to renal dialysis when medically
3necessary and notwithstanding the provisions of Section 1-11
4of this Code, beginning October 1, 2014, the Department shall
5cover kidney transplantation for noncitizens with end-stage
6renal disease who are not eligible for comprehensive medical
7benefits, who meet the residency requirements of Section 5-3
8of this Code, and who would otherwise meet the financial
9requirements of the appropriate class of eligible persons
10under Section 5-2 of this Code. To qualify for coverage of
11kidney transplantation, such person must be receiving
12emergency renal dialysis services covered by the Department.
13Providers under this Section shall be prior approved and
14certified by the Department to perform kidney transplantation
15and the services under this Section shall be limited to
16services associated with kidney transplantation.
17    Notwithstanding any other provision of this Code to the
18contrary, on or after July 1, 2015, all FDA-approved forms of
19medication assisted treatment prescribed for the treatment of
20alcohol dependence or treatment of opioid dependence shall be
21covered under both fee-for-service and managed care medical
22assistance programs for persons who are otherwise eligible for
23medical assistance under this Article and shall not be subject
24to any (1) utilization control, other than those established
25under the American Society of Addiction Medicine patient
26placement criteria, (2) prior authorization mandate, (3)

 

 

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1lifetime restriction limit mandate, or (4) limitations on
2dosage.
3    On or after July 1, 2015, opioid antagonists prescribed
4for the treatment of an opioid overdose, including the
5medication product, administration devices, and any pharmacy
6fees or hospital fees related to the dispensing, distribution,
7and administration of the opioid antagonist, shall be covered
8under the medical assistance program for persons who are
9otherwise eligible for medical assistance under this Article.
10As used in this Section, "opioid antagonist" means a drug that
11binds to opioid receptors and blocks or inhibits the effect of
12opioids acting on those receptors, including, but not limited
13to, naloxone hydrochloride or any other similarly acting drug
14approved by the U.S. Food and Drug Administration. The
15Department shall not impose a copayment on the coverage
16provided for naloxone hydrochloride under the medical
17assistance program.
18    Upon federal approval, the Department shall provide
19coverage and reimbursement for all drugs that are approved for
20marketing by the federal Food and Drug Administration and that
21are recommended by the federal Public Health Service or the
22United States Centers for Disease Control and Prevention for
23pre-exposure prophylaxis and related pre-exposure prophylaxis
24services, including, but not limited to, HIV and sexually
25transmitted infection screening, treatment for sexually
26transmitted infections, medical monitoring, assorted labs, and

 

 

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1counseling to reduce the likelihood of HIV infection among
2individuals who are not infected with HIV but who are at high
3risk of HIV infection.
4    A federally qualified health center, as defined in Section
51905(l)(2)(B) of the federal Social Security Act, shall be
6reimbursed by the Department in accordance with the federally
7qualified health center's encounter rate for services provided
8to medical assistance recipients that are performed by a
9dental hygienist, as defined under the Illinois Dental
10Practice Act, working under the general supervision of a
11dentist and employed by a federally qualified health center.
12    Within 90 days after October 8, 2021 (the effective date
13of Public Act 102-665), the Department shall seek federal
14approval of a State Plan amendment to expand coverage for
15family planning services that includes presumptive eligibility
16to individuals whose income is at or below 208% of the federal
17poverty level. Coverage under this Section shall be effective
18beginning no later than December 1, 2022.
19    Subject to approval by the federal Centers for Medicare
20and Medicaid Services of a Title XIX State Plan amendment
21electing the Program of All-Inclusive Care for the Elderly
22(PACE) as a State Medicaid option, as provided for by Subtitle
23I (commencing with Section 4801) of Title IV of the Balanced
24Budget Act of 1997 (Public Law 105-33) and Part 460
25(commencing with Section 460.2) of Subchapter E of Title 42 of
26the Code of Federal Regulations, PACE program services shall

 

 

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1become a covered benefit of the medical assistance program,
2subject to criteria established in accordance with all
3applicable laws.
4    Notwithstanding any other provision of this Code,
5community-based pediatric palliative care from a trained
6interdisciplinary team shall be covered under the medical
7assistance program as provided in Section 15 of the Pediatric
8Palliative Care Act.
9    Notwithstanding any other provision of this Code, within
1012 months after June 2, 2022 (the effective date of Public Act
11102-1037) and subject to federal approval, acupuncture
12services performed by an acupuncturist licensed under the
13Acupuncture Practice Act who is acting within the scope of his
14or her license shall be covered under the medical assistance
15program. The Department shall apply for any federal waiver or
16State Plan amendment, if required, to implement this
17paragraph. The Department may adopt any rules, including
18standards and criteria, necessary to implement this paragraph.
19    Notwithstanding any other provision of this Code, the
20medical assistance program shall, subject to federal approval,
21reimburse hospitals for costs associated with a newborn
22screening test for the presence of metachromatic
23leukodystrophy, as required under the Newborn Metabolic
24Screening Act, at a rate not less than the fee charged by the
25Department of Public Health. Notwithstanding any other
26provision of this Code, the medical assistance program shall,

 

 

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1subject to appropriation and federal approval, also reimburse
2hospitals for costs associated with all newborn screening
3tests added on and after August 9, 2024 (the effective date of
4Public Act 103-909) to the Newborn Metabolic Screening Act and
5required to be performed under that Act at a rate not less than
6the fee charged by the Department of Public Health. The
7Department shall seek federal approval before the
8implementation of the newborn screening test fees by the
9Department of Public Health.
10    Notwithstanding any other provision of this Code,
11beginning on January 1, 2024, subject to federal approval,
12cognitive assessment and care planning services provided to a
13person who experiences signs or symptoms of cognitive
14impairment, as defined by the Diagnostic and Statistical
15Manual of Mental Disorders, Fifth Edition, shall be covered
16under the medical assistance program for persons who are
17otherwise eligible for medical assistance under this Article.
18    Notwithstanding any other provision of this Code,
19medically necessary reconstructive services that are intended
20to restore physical appearance shall be covered under the
21medical assistance program for persons who are otherwise
22eligible for medical assistance under this Article. As used in
23this paragraph, "reconstructive services" means treatments
24performed on structures of the body damaged by trauma to
25restore physical appearance.
26    Subject to federal approval, for dates of services on and

 

 

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1after January 1, 2026, over-the-counter choline dietary
2supplements for pregnant persons shall be covered under the
3medical assistance program.
4    Notwithstanding any other provision of this Code, subject
5to federal approval, heart disease screenings for individuals
6otherwise eligible for medical assistance shall be covered
7under the medical assistance program according to the
8following schedule:
9        (1) For individuals aged 20 through 39 years: one
10    screening every 6 years.
11        (2) For individuals aged 40 years and older: one
12    screening every 2 years.
13No eligible individual shall be charged any co-payment,
14co-insurance, deductible, out-of-pocket fee, or other
15cost-sharing amount or required to enter into any cost-sharing
16agreement in order to access heart disease screenings covered
17under this paragraph.
18(Source: P.A. 103-102, Article 15, Section 15-5, eff. 1-1-24;
19103-102, Article 95, Section 95-15, eff. 1-1-24; 103-123, eff.
201-1-24; 103-154, eff. 6-30-23; 103-368, eff. 1-1-24; 103-593,
21Article 5, Section 5-5, eff. 6-7-24; 103-593, Article 90,
22Section 90-5, eff. 6-7-24; 103-605, eff. 7-1-24; 103-808, eff.
231-1-26; 103-909, eff. 8-9-24; 103-1040, eff. 8-9-24; 104-9,
24eff. 6-16-25; 104-417, eff. 8-15-25.)
 
25    Section 95. No acceleration or delay. Where this Act makes

 

 

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1changes in a statute that is represented in this Act by text
2that is not yet or no longer in effect (for example, a Section
3represented by multiple versions), the use of that text does
4not accelerate or delay the taking effect of (i) the changes
5made by this Act or (ii) provisions derived from any other
6Public Act.
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    5 ILCS 375/6.11
5    55 ILCS 5/5-1069.3
6    65 ILCS 5/10-4-2.3
7    105 ILCS 5/10-22.3f
8    215 ILCS 5/356z.86 new
9    215 ILCS 125/5-3from Ch. 111 1/2, par. 1411.2
10    305 ILCS 5/5-5