HB5219 102ND GENERAL ASSEMBLY

LRB102 24787 KTG 34030 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5219

Introduced 1/31/2022, by Rep. Sonya M. Harper

SYNOPSIS AS INTRODUCED:

215 ILCS 5/356z.52 new
305 ILCS 5/5-45 new

Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to establish a Prescription Produce Program to allow cancer patients who are otherwise eligible for medical assistance to receive coverage for fresh produce as they undergo cancer treatment. Provides that under the program, the Department shall provide Prescription Produce Program coupons to eligible persons who have a prescription from a licensed physician for fresh produce as part of any cancer treatment regimen. Provides that coupon holders may redeem their coupons at any participating food retailer. Provides that farmers markets located in "food deserts" and grocery stores that accept Supplemental Nutrition Assistance Program benefits may participate in the program as designated retailers that accept Prescription Produce Program coupons. Permits the Department to provide incentives to solicit food retailers to participate in the program. Provides that the Department may adopt any rules necessary to implement the program. Amends the Illinois Insurance Code. Provides that a group or individual policy of accident and health insurance or managed care plan that is amended, delivered, issued, or renewed after the effective date of the amendatory Act may provide coverage for fresh food prescribed by a licensed physician as part of any cancer treatment regimen. Defines "fresh food" to mean fresh food grown in the earth such as fruit, vegetables, and grain.

A BILL FOR

AN ACT concerning public aid.

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

Section 1. This Act may be referred to as the Fresh Food Access for Cancer Patients Act.

Section 5. The Illinois Insurance Code is amended by adding Section 356z.52 as follows:

(215 ILCS 5/356z.52 new)

Sec. 356z.52. Fresh food for cancer patients. A group or individual policy of accident and health insurance or managed care plan that is amended, delivered, issued, or renewed after the effective date of this amendatory Act of the 102nd General Assembly may provide coverage for fresh food prescribed by a licensed physician as part of any cancer treatment regimen. As used in this Section, "fresh food" means fresh food grown in the earth such as fruit, vegetables, and grain.

Section 10. The Illinois Public Aid Code is amended by adding Section 5-45 as follows:

(305 ILCS 5/5-45 new)

Sec. 5-45. Prescription Produce Program.

(a) Findings.

(1) Social factors are associated with cancer risk. The following estimates are discussed due to their importance in understanding the factors that may affect cancer incidence, mortality, treatment, and survivorship.

(2) Compared to the U.S. average, cancer incidence and mortality rates indicate that Illinois residents generally experience higher rates of cancer incidence and death. Certain groups suffer disproportionately from cancer incidence based on age, education, ethnicity, gender, disability, geographic location, income, and race. Racial and ethnic disparities play a role in cancer incidence and mortality rate that are present in Illinois, as well as low socioeconomic status.

(3) Access to fresh fruit and vegetables and other heart-healthy food is important to reducing the risk of cardiovascular disease, cancer, and other chronic illnesses. A report conducted by the Mari Gallagher Research and Consulting Group in 2006 investigated the determinants of food deserts in Chicago. The study found that access to particular types of food providers was linked to community demographics.

(4) In Chicago, the Mari Gallagher study found access to grocery stores and fast food establishments to be related to years of potential life lost and death rates from cancer, cardiovascular disease, and diabetes.

(5) Medicaid is an important source of coverage for people with cancer and cancer survivors. More than 2,000,000 Americans (children and adults under age 65) with a history of cancer rely on Medicaid for their health care, and in 2014 nearly one in 3 children diagnosed with cancer were enrolled in Medicaid at the time of their diagnosis.

(6) For cancer patients and other individuals diagnosed with a serious medical condition for which expensive treatment is necessary, Medicaid provides individuals and families with financial protection. Medicaid covers the cost of their medical treatment so that they do not have to face financial distress or bankruptcy in order to seek medical care.

(7) Coverage of fresh food by the State's Medical Assistance program would result in a direct impact in reducing costs for low-income residents in Illinois located in or near a food desert for fresh food during cancer treatment.

(b) Definitions.

"Cancer treatment" means any treatment that is required for a cancer patient including, but not limited to, radiation, chemotherapy, immunotherapy, and any other physical, medical, psychiatric, or counseling treatment prescribed by a licensed physician.

"Cancer patient" means any individual undergoing cancer treatments who has been diagnosed with cancer by a licensed physician.

"Fresh food" means fresh food grown in the earth such as fruit, vegetables, and grain.

"Food deserts" means any urban area in the State in which it is difficult to buy affordable or good-quality fresh food.

(c) Prescription Produce Program. The Department of Healthcare and Family Services shall establish a Prescription Produce Program to allow cancer patients who are otherwise eligible for medical assistance to receive coverage for fresh produce as they undergo cancer treatment. Under the program, the Department shall provide Prescription Produce Program coupons to eligible persons who have a prescription from a licensed physician for fresh produce as part of any cancer treatment regimen. Coupon holders may redeem their coupons at any participating food retailer. Farmers markets located in "food deserts" and grocery stores that accept Supplemental Nutrition Assistance Program benefits may participate in the program as designated retailers that accept Prescription Produce Program coupons. The Department may provide incentives to solicit food retailers to participate in the program. The Department may adopt any rules necessary to implement the program.