SJ0049 104TH GENERAL ASSEMBLY

SJ0049 LRB104 20142 MST 33593 r

SENATE JOINT RESOLUTION

WHEREAS, As the result of developing technology, an increasing number of medical devices are available and necessary to promote preventive care and longevity among Illinois residents; and

WHEREAS, An increasing number of such devices, if available, can prevent further medical issues and dramatically improve the quality of life for Illinois residents relative to a host of medical conditions, including heart disease, musculoskeletal disorders, degenerative disc disease, vascular disease, hydrocephalus, hernia, and diabetes; and

WHEREAS, The potential positive effects of access to procedures with medical devices and implants are particularly pronounced for residents who are African Americans, Latinos, women, and of lower income, who experience barriers to accessing care; and

WHEREAS, General data, hospital-specific data, studies, and anecdotal evidence demonstrate that the prices that manufacturers charge some hospitals for certain medical devices are rising at excessive rates, and that the prices far outstrip the reimbursement payments that hospitals receive in actually implanting those medical devices, including such medical devices as necessary for knee anthroplasty, shunt revision, lumbar fusion, and ACL reconstruction; and

WHEREAS, As a result of this structural financial imbalance in which the price charged for a device by manufacturers far exceeds the payments received by healthcare providers for implanting it, patient access is often limited, and they are therefore deprived of the potential benefits of such devices contributing to health disparities; and

WHEREAS, To promote healthcare access and equity for all patients, certain hospitals, including non-profit safety net hospitals, struggle to provide certain medical devices to patients at significant financial cost to the hospitals themselves, which severely impacts their bottom line and their ability to serve their communities in other ways; and

WHEREAS, To promote the health and quality of life for Illinois residents, including those who are underserved among the African American, Latino, women, seniors and lower-income population, it is essential that the State develop and establish one or more programs to curb the price that manufacturers charge certain hospitals for certain medical devices; therefore, be it

RESOLVED, BY THE SENATE OF THE ONE HUNDRED FOURTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that the Director of the Department of Healthcare and Family Services is urged to consult with nonprofit safety net hospitals, including those in Chicago Community Area No. 33 (Near South Side), and craft a report for the General Assembly in which the Director recommends:

(1) Particular patient medical devices that will be covered by a future state program that will curb prices paid for medical procedures by patients who are served by nonprofit safety net hospitals, including but not limited to pedicle screws, interference screws, interbody cages, surgical meshes, artificial knees, shunts, and artificial hips;

(2) The time, manner, and conditions in which the categories of the particular covered patient medical devices may be expanded;

(3) The ceiling price payable for each identified patient medical device by any Illinois nonprofit safety net hospital;

(4) The time, manner, and conditions in which each ceiling price may be adjusted upward or downward by the Department in future years; and

(5) Any legislation as may be necessary or advisable to establish the future state program; and be it further

RESOLVED, That a suitable copy of this resolution be delivered to the Director of the Department of Healthcare and Family Services.