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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB1437 Introduced 2/6/2013, by Sen. David Koehler SYNOPSIS AS INTRODUCED: |
| 305 ILCS 5/5-5 | from Ch. 23, par. 5-5 | 305 ILCS 5/5-5f | |
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Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that one preventive dental visit a year shall be covered under the medical assistance program for pregnant women who are eligible for assistance. Removes a provision limiting adult dental services to emergencies. Effective July 1, 2013.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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1 | | AN ACT concerning public aid.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Public Aid Code is amended by |
5 | | changing Sections 5-5 and 5-5f as follows: |
6 | | (305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
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7 | | Sec. 5-5. Medical services. The Illinois Department, by |
8 | | rule, shall
determine the quantity and quality of and the rate |
9 | | of reimbursement for the
medical assistance for which
payment |
10 | | will be authorized, and the medical services to be provided,
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11 | | which may include all or part of the following: (1) inpatient |
12 | | hospital
services; (2) outpatient hospital services; (3) other |
13 | | laboratory and
X-ray services; (4) skilled nursing home |
14 | | services; (5) physicians'
services whether furnished in the |
15 | | office, the patient's home, a
hospital, a skilled nursing home, |
16 | | or elsewhere; (6) medical care, or any
other type of remedial |
17 | | care furnished by licensed practitioners; (7)
home health care |
18 | | services; (8) private duty nursing service; (9) clinic
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19 | | services; (10) dental services, including prevention and |
20 | | treatment of periodontal disease and dental caries disease for |
21 | | pregnant women, provided by an individual licensed to practice |
22 | | dentistry or dental surgery; for purposes of this item (10), |
23 | | "dental services" means diagnostic, preventive, or corrective |
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1 | | procedures provided by or under the supervision of a dentist in |
2 | | the practice of his or her profession; (11) physical therapy |
3 | | and related
services; (12) prescribed drugs, dentures, and |
4 | | prosthetic devices; and
eyeglasses prescribed by a physician |
5 | | skilled in the diseases of the eye,
or by an optometrist, |
6 | | whichever the person may select; (13) other
diagnostic, |
7 | | screening, preventive, and rehabilitative services, including |
8 | | to ensure that the individual's need for intervention or |
9 | | treatment of mental disorders or substance use disorders or |
10 | | co-occurring mental health and substance use disorders is |
11 | | determined using a uniform screening, assessment, and |
12 | | evaluation process inclusive of criteria, for children and |
13 | | adults; for purposes of this item (13), a uniform screening, |
14 | | assessment, and evaluation process refers to a process that |
15 | | includes an appropriate evaluation and, as warranted, a |
16 | | referral; "uniform" does not mean the use of a singular |
17 | | instrument, tool, or process that all must utilize; (14)
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18 | | transportation and such other expenses as may be necessary; |
19 | | (15) medical
treatment of sexual assault survivors, as defined |
20 | | in
Section 1a of the Sexual Assault Survivors Emergency |
21 | | Treatment Act, for
injuries sustained as a result of the sexual |
22 | | assault, including
examinations and laboratory tests to |
23 | | discover evidence which may be used in
criminal proceedings |
24 | | arising from the sexual assault; (16) the
diagnosis and |
25 | | treatment of sickle cell anemia; and (17)
any other medical |
26 | | care, and any other type of remedial care recognized
under the |
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1 | | laws of this State, but not including abortions, or induced
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2 | | miscarriages or premature births, unless, in the opinion of a |
3 | | physician,
such procedures are necessary for the preservation |
4 | | of the life of the
woman seeking such treatment, or except an |
5 | | induced premature birth
intended to produce a live viable child |
6 | | and such procedure is necessary
for the health of the mother or |
7 | | her unborn child. The Illinois Department,
by rule, shall |
8 | | prohibit any physician from providing medical assistance
to |
9 | | anyone eligible therefor under this Code where such physician |
10 | | has been
found guilty of performing an abortion procedure in a |
11 | | wilful and wanton
manner upon a woman who was not pregnant at |
12 | | the time such abortion
procedure was performed. The term "any |
13 | | other type of remedial care" shall
include nursing care and |
14 | | nursing home service for persons who rely on
treatment by |
15 | | spiritual means alone through prayer for healing.
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16 | | Notwithstanding any other provision of this Code, one |
17 | | preventive dental visit a year shall be covered under the |
18 | | medical assistance program under this Article for pregnant |
19 | | women who are eligible for assistance under this Article. |
20 | | Notwithstanding any other provision of this Section, a |
21 | | comprehensive
tobacco use cessation program that includes |
22 | | purchasing prescription drugs or
prescription medical devices |
23 | | approved by the Food and Drug Administration shall
be covered |
24 | | under the medical assistance
program under this Article for |
25 | | persons who are otherwise eligible for
assistance under this |
26 | | Article.
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1 | | Notwithstanding any other provision of this Code, the |
2 | | Illinois
Department may not require, as a condition of payment |
3 | | for any laboratory
test authorized under this Article, that a |
4 | | physician's handwritten signature
appear on the laboratory |
5 | | test order form. The Illinois Department may,
however, impose |
6 | | other appropriate requirements regarding laboratory test
order |
7 | | documentation.
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8 | | On and after July 1, 2012, the Department of Healthcare and |
9 | | Family Services may provide the following services to
persons
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10 | | eligible for assistance under this Article who are |
11 | | participating in
education, training or employment programs |
12 | | operated by the Department of Human
Services as successor to |
13 | | the Department of Public Aid:
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14 | | (1) dental services provided by or under the |
15 | | supervision of a dentist; and
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16 | | (2) eyeglasses prescribed by a physician skilled in the |
17 | | diseases of the
eye, or by an optometrist, whichever the |
18 | | person may select.
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19 | | Notwithstanding any other provision of this Code and |
20 | | subject to federal approval, the Department may adopt rules to |
21 | | allow a dentist who is volunteering his or her service at no |
22 | | cost to render dental services through an enrolled |
23 | | not-for-profit health clinic without the dentist personally |
24 | | enrolling as a participating provider in the medical assistance |
25 | | program. A not-for-profit health clinic shall include a public |
26 | | health clinic or Federally Qualified Health Center or other |
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1 | | enrolled provider, as determined by the Department, through |
2 | | which dental services covered under this Section are performed. |
3 | | The Department shall establish a process for payment of claims |
4 | | for reimbursement for covered dental services rendered under |
5 | | this provision. |
6 | | The Illinois Department, by rule, may distinguish and |
7 | | classify the
medical services to be provided only in accordance |
8 | | with the classes of
persons designated in Section 5-2.
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9 | | The Department of Healthcare and Family Services must |
10 | | provide coverage and reimbursement for amino acid-based |
11 | | elemental formulas, regardless of delivery method, for the |
12 | | diagnosis and treatment of (i) eosinophilic disorders and (ii) |
13 | | short bowel syndrome when the prescribing physician has issued |
14 | | a written order stating that the amino acid-based elemental |
15 | | formula is medically necessary.
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16 | | The Illinois Department shall authorize the provision of, |
17 | | and shall
authorize payment for, screening by low-dose |
18 | | mammography for the presence of
occult breast cancer for women |
19 | | 35 years of age or older who are eligible
for medical |
20 | | assistance under this Article, as follows: |
21 | | (A) A baseline
mammogram for women 35 to 39 years of |
22 | | age.
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23 | | (B) An annual mammogram for women 40 years of age or |
24 | | older. |
25 | | (C) A mammogram at the age and intervals considered |
26 | | medically necessary by the woman's health care provider for |
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1 | | women under 40 years of age and having a family history of |
2 | | breast cancer, prior personal history of breast cancer, |
3 | | positive genetic testing, or other risk factors. |
4 | | (D) A comprehensive ultrasound screening of an entire |
5 | | breast or breasts if a mammogram demonstrates |
6 | | heterogeneous or dense breast tissue, when medically |
7 | | necessary as determined by a physician licensed to practice |
8 | | medicine in all of its branches. |
9 | | All screenings
shall
include a physical breast exam, |
10 | | instruction on self-examination and
information regarding the |
11 | | frequency of self-examination and its value as a
preventative |
12 | | tool. For purposes of this Section, "low-dose mammography" |
13 | | means
the x-ray examination of the breast using equipment |
14 | | dedicated specifically
for mammography, including the x-ray |
15 | | tube, filter, compression device,
and image receptor, with an |
16 | | average radiation exposure delivery
of less than one rad per |
17 | | breast for 2 views of an average size breast.
The term also |
18 | | includes digital mammography.
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19 | | On and after January 1, 2012, providers participating in a |
20 | | quality improvement program approved by the Department shall be |
21 | | reimbursed for screening and diagnostic mammography at the same |
22 | | rate as the Medicare program's rates, including the increased |
23 | | reimbursement for digital mammography. |
24 | | The Department shall convene an expert panel including |
25 | | representatives of hospitals, free-standing mammography |
26 | | facilities, and doctors, including radiologists, to establish |
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1 | | quality standards. |
2 | | Subject to federal approval, the Department shall |
3 | | establish a rate methodology for mammography at federally |
4 | | qualified health centers and other encounter-rate clinics. |
5 | | These clinics or centers may also collaborate with other |
6 | | hospital-based mammography facilities. |
7 | | The Department shall establish a methodology to remind |
8 | | women who are age-appropriate for screening mammography, but |
9 | | who have not received a mammogram within the previous 18 |
10 | | months, of the importance and benefit of screening mammography. |
11 | | The Department shall establish a performance goal for |
12 | | primary care providers with respect to their female patients |
13 | | over age 40 receiving an annual mammogram. This performance |
14 | | goal shall be used to provide additional reimbursement in the |
15 | | form of a quality performance bonus to primary care providers |
16 | | who meet that goal. |
17 | | The Department shall devise a means of case-managing or |
18 | | patient navigation for beneficiaries diagnosed with breast |
19 | | cancer. This program shall initially operate as a pilot program |
20 | | in areas of the State with the highest incidence of mortality |
21 | | related to breast cancer. At least one pilot program site shall |
22 | | be in the metropolitan Chicago area and at least one site shall |
23 | | be outside the metropolitan Chicago area. An evaluation of the |
24 | | pilot program shall be carried out measuring health outcomes |
25 | | and cost of care for those served by the pilot program compared |
26 | | to similarly situated patients who are not served by the pilot |
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1 | | program. |
2 | | Any medical or health care provider shall immediately |
3 | | recommend, to
any pregnant woman who is being provided prenatal |
4 | | services and is suspected
of drug abuse or is addicted as |
5 | | defined in the Alcoholism and Other Drug Abuse
and Dependency |
6 | | Act, referral to a local substance abuse treatment provider
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7 | | licensed by the Department of Human Services or to a licensed
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8 | | hospital which provides substance abuse treatment services. |
9 | | The Department of Healthcare and Family Services
shall assure |
10 | | coverage for the cost of treatment of the drug abuse or
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11 | | addiction for pregnant recipients in accordance with the |
12 | | Illinois Medicaid
Program in conjunction with the Department of |
13 | | Human Services.
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14 | | All medical providers providing medical assistance to |
15 | | pregnant women
under this Code shall receive information from |
16 | | the Department on the
availability of services under the Drug |
17 | | Free Families with a Future or any
comparable program providing |
18 | | case management services for addicted women,
including |
19 | | information on appropriate referrals for other social services
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20 | | that may be needed by addicted women in addition to treatment |
21 | | for addiction.
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22 | | The Illinois Department, in cooperation with the |
23 | | Departments of Human
Services (as successor to the Department |
24 | | of Alcoholism and Substance
Abuse) and Public Health, through a |
25 | | public awareness campaign, may
provide information concerning |
26 | | treatment for alcoholism and drug abuse and
addiction, prenatal |
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1 | | health care, and other pertinent programs directed at
reducing |
2 | | the number of drug-affected infants born to recipients of |
3 | | medical
assistance.
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4 | | Neither the Department of Healthcare and Family Services |
5 | | nor the Department of Human
Services shall sanction the |
6 | | recipient solely on the basis of
her substance abuse.
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7 | | The Illinois Department shall establish such regulations |
8 | | governing
the dispensing of health services under this Article |
9 | | as it shall deem
appropriate. The Department
should
seek the |
10 | | advice of formal professional advisory committees appointed by
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11 | | the Director of the Illinois Department for the purpose of |
12 | | providing regular
advice on policy and administrative matters, |
13 | | information dissemination and
educational activities for |
14 | | medical and health care providers, and
consistency in |
15 | | procedures to the Illinois Department.
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16 | | The Illinois Department may develop and contract with |
17 | | Partnerships of
medical providers to arrange medical services |
18 | | for persons eligible under
Section 5-2 of this Code. |
19 | | Implementation of this Section may be by
demonstration projects |
20 | | in certain geographic areas. The Partnership shall
be |
21 | | represented by a sponsor organization. The Department, by rule, |
22 | | shall
develop qualifications for sponsors of Partnerships. |
23 | | Nothing in this
Section shall be construed to require that the |
24 | | sponsor organization be a
medical organization.
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25 | | The sponsor must negotiate formal written contracts with |
26 | | medical
providers for physician services, inpatient and |
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1 | | outpatient hospital care,
home health services, treatment for |
2 | | alcoholism and substance abuse, and
other services determined |
3 | | necessary by the Illinois Department by rule for
delivery by |
4 | | Partnerships. Physician services must include prenatal and
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5 | | obstetrical care. The Illinois Department shall reimburse |
6 | | medical services
delivered by Partnership providers to clients |
7 | | in target areas according to
provisions of this Article and the |
8 | | Illinois Health Finance Reform Act,
except that:
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9 | | (1) Physicians participating in a Partnership and |
10 | | providing certain
services, which shall be determined by |
11 | | the Illinois Department, to persons
in areas covered by the |
12 | | Partnership may receive an additional surcharge
for such |
13 | | services.
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14 | | (2) The Department may elect to consider and negotiate |
15 | | financial
incentives to encourage the development of |
16 | | Partnerships and the efficient
delivery of medical care.
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17 | | (3) Persons receiving medical services through |
18 | | Partnerships may receive
medical and case management |
19 | | services above the level usually offered
through the |
20 | | medical assistance program.
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21 | | Medical providers shall be required to meet certain |
22 | | qualifications to
participate in Partnerships to ensure the |
23 | | delivery of high quality medical
services. These |
24 | | qualifications shall be determined by rule of the Illinois
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25 | | Department and may be higher than qualifications for |
26 | | participation in the
medical assistance program. Partnership |
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1 | | sponsors may prescribe reasonable
additional qualifications |
2 | | for participation by medical providers, only with
the prior |
3 | | written approval of the Illinois Department.
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4 | | Nothing in this Section shall limit the free choice of |
5 | | practitioners,
hospitals, and other providers of medical |
6 | | services by clients.
In order to ensure patient freedom of |
7 | | choice, the Illinois Department shall
immediately promulgate |
8 | | all rules and take all other necessary actions so that
provided |
9 | | services may be accessed from therapeutically certified |
10 | | optometrists
to the full extent of the Illinois Optometric |
11 | | Practice Act of 1987 without
discriminating between service |
12 | | providers.
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13 | | The Department shall apply for a waiver from the United |
14 | | States Health
Care Financing Administration to allow for the |
15 | | implementation of
Partnerships under this Section.
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16 | | The Illinois Department shall require health care |
17 | | providers to maintain
records that document the medical care |
18 | | and services provided to recipients
of Medical Assistance under |
19 | | this Article. Such records must be retained for a period of not |
20 | | less than 6 years from the date of service or as provided by |
21 | | applicable State law, whichever period is longer, except that |
22 | | if an audit is initiated within the required retention period |
23 | | then the records must be retained until the audit is completed |
24 | | and every exception is resolved. The Illinois Department shall
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25 | | require health care providers to make available, when |
26 | | authorized by the
patient, in writing, the medical records in a |
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1 | | timely fashion to other
health care providers who are treating |
2 | | or serving persons eligible for
Medical Assistance under this |
3 | | Article. All dispensers of medical services
shall be required |
4 | | to maintain and retain business and professional records
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5 | | sufficient to fully and accurately document the nature, scope, |
6 | | details and
receipt of the health care provided to persons |
7 | | eligible for medical
assistance under this Code, in accordance |
8 | | with regulations promulgated by
the Illinois Department. The |
9 | | rules and regulations shall require that proof
of the receipt |
10 | | of prescription drugs, dentures, prosthetic devices and
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11 | | eyeglasses by eligible persons under this Section accompany |
12 | | each claim
for reimbursement submitted by the dispenser of such |
13 | | medical services.
No such claims for reimbursement shall be |
14 | | approved for payment by the Illinois
Department without such |
15 | | proof of receipt, unless the Illinois Department
shall have put |
16 | | into effect and shall be operating a system of post-payment
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17 | | audit and review which shall, on a sampling basis, be deemed |
18 | | adequate by
the Illinois Department to assure that such drugs, |
19 | | dentures, prosthetic
devices and eyeglasses for which payment |
20 | | is being made are actually being
received by eligible |
21 | | recipients. Within 90 days after the effective date of
this |
22 | | amendatory Act of 1984, the Illinois Department shall establish |
23 | | a
current list of acquisition costs for all prosthetic devices |
24 | | and any
other items recognized as medical equipment and |
25 | | supplies reimbursable under
this Article and shall update such |
26 | | list on a quarterly basis, except that
the acquisition costs of |
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1 | | all prescription drugs shall be updated no
less frequently than |
2 | | every 30 days as required by Section 5-5.12.
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3 | | The rules and regulations of the Illinois Department shall |
4 | | require
that a written statement including the required opinion |
5 | | of a physician
shall accompany any claim for reimbursement for |
6 | | abortions, or induced
miscarriages or premature births. This |
7 | | statement shall indicate what
procedures were used in providing |
8 | | such medical services.
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9 | | The Illinois Department shall require all dispensers of |
10 | | medical
services, other than an individual practitioner or |
11 | | group of practitioners,
desiring to participate in the Medical |
12 | | Assistance program
established under this Article to disclose |
13 | | all financial, beneficial,
ownership, equity, surety or other |
14 | | interests in any and all firms,
corporations, partnerships, |
15 | | associations, business enterprises, joint
ventures, agencies, |
16 | | institutions or other legal entities providing any
form of |
17 | | health care services in this State under this Article.
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18 | | The Illinois Department may require that all dispensers of |
19 | | medical
services desiring to participate in the medical |
20 | | assistance program
established under this Article disclose, |
21 | | under such terms and conditions as
the Illinois Department may |
22 | | by rule establish, all inquiries from clients
and attorneys |
23 | | regarding medical bills paid by the Illinois Department, which
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24 | | inquiries could indicate potential existence of claims or liens |
25 | | for the
Illinois Department.
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26 | | Enrollment of a vendor
shall be
subject to a provisional |
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1 | | period and shall be conditional for one year. During the period |
2 | | of conditional enrollment, the Department may
terminate the |
3 | | vendor's eligibility to participate in, or may disenroll the |
4 | | vendor from, the medical assistance
program without cause. |
5 | | Unless otherwise specified, such termination of eligibility or |
6 | | disenrollment is not subject to the
Department's hearing |
7 | | process.
However, a disenrolled vendor may reapply without |
8 | | penalty.
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9 | | The Department has the discretion to limit the conditional |
10 | | enrollment period for vendors based upon category of risk of |
11 | | the vendor. |
12 | | Prior to enrollment and during the conditional enrollment |
13 | | period in the medical assistance program, all vendors shall be |
14 | | subject to enhanced oversight, screening, and review based on |
15 | | the risk of fraud, waste, and abuse that is posed by the |
16 | | category of risk of the vendor. The Illinois Department shall |
17 | | establish the procedures for oversight, screening, and review, |
18 | | which may include, but need not be limited to: criminal and |
19 | | financial background checks; fingerprinting; license, |
20 | | certification, and authorization verifications; unscheduled or |
21 | | unannounced site visits; database checks; prepayment audit |
22 | | reviews; audits; payment caps; payment suspensions; and other |
23 | | screening as required by federal or State law. |
24 | | The Department shall define or specify the following: (i) |
25 | | by provider notice, the "category of risk of the vendor" for |
26 | | each type of vendor, which shall take into account the level of |
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1 | | screening applicable to a particular category of vendor under |
2 | | federal law and regulations; (ii) by rule or provider notice, |
3 | | the maximum length of the conditional enrollment period for |
4 | | each category of risk of the vendor; and (iii) by rule, the |
5 | | hearing rights, if any, afforded to a vendor in each category |
6 | | of risk of the vendor that is terminated or disenrolled during |
7 | | the conditional enrollment period. |
8 | | To be eligible for payment consideration, a vendor's |
9 | | payment claim or bill, either as an initial claim or as a |
10 | | resubmitted claim following prior rejection, must be received |
11 | | by the Illinois Department, or its fiscal intermediary, no |
12 | | later than 180 days after the latest date on the claim on which |
13 | | medical goods or services were provided, with the following |
14 | | exceptions: |
15 | | (1) In the case of a provider whose enrollment is in |
16 | | process by the Illinois Department, the 180-day period |
17 | | shall not begin until the date on the written notice from |
18 | | the Illinois Department that the provider enrollment is |
19 | | complete. |
20 | | (2) In the case of errors attributable to the Illinois |
21 | | Department or any of its claims processing intermediaries |
22 | | which result in an inability to receive, process, or |
23 | | adjudicate a claim, the 180-day period shall not begin |
24 | | until the provider has been notified of the error. |
25 | | (3) In the case of a provider for whom the Illinois |
26 | | Department initiates the monthly billing process. |
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1 | | For claims for services rendered during a period for which |
2 | | a recipient received retroactive eligibility, claims must be |
3 | | filed within 180 days after the Department determines the |
4 | | applicant is eligible. For claims for which the Illinois |
5 | | Department is not the primary payer, claims must be submitted |
6 | | to the Illinois Department within 180 days after the final |
7 | | adjudication by the primary payer. |
8 | | In the case of long term care facilities, admission |
9 | | documents shall be submitted within 30 days of an admission to |
10 | | the facility through the Medical Electronic Data Interchange |
11 | | (MEDI) or the Recipient Eligibility Verification (REV) System, |
12 | | or shall be submitted directly to the Department of Human |
13 | | Services using required admission forms. Confirmation numbers |
14 | | assigned to an accepted transaction shall be retained by a |
15 | | facility to verify timely submittal. Once an admission |
16 | | transaction has been completed, all resubmitted claims |
17 | | following prior rejection are subject to receipt no later than |
18 | | 180 days after the admission transaction has been completed. |
19 | | Claims that are not submitted and received in compliance |
20 | | with the foregoing requirements shall not be eligible for |
21 | | payment under the medical assistance program, and the State |
22 | | shall have no liability for payment of those claims. |
23 | | To the extent consistent with applicable information and |
24 | | privacy, security, and disclosure laws, State and federal |
25 | | agencies and departments shall provide the Illinois Department |
26 | | access to confidential and other information and data necessary |
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1 | | to perform eligibility and payment verifications and other |
2 | | Illinois Department functions. This includes, but is not |
3 | | limited to: information pertaining to licensure; |
4 | | certification; earnings; immigration status; citizenship; wage |
5 | | reporting; unearned and earned income; pension income; |
6 | | employment; supplemental security income; social security |
7 | | numbers; National Provider Identifier (NPI) numbers; the |
8 | | National Practitioner Data Bank (NPDB); program and agency |
9 | | exclusions; taxpayer identification numbers; tax delinquency; |
10 | | corporate information; and death records. |
11 | | The Illinois Department shall enter into agreements with |
12 | | State agencies and departments, and is authorized to enter into |
13 | | agreements with federal agencies and departments, under which |
14 | | such agencies and departments shall share data necessary for |
15 | | medical assistance program integrity functions and oversight. |
16 | | The Illinois Department shall develop, in cooperation with |
17 | | other State departments and agencies, and in compliance with |
18 | | applicable federal laws and regulations, appropriate and |
19 | | effective methods to share such data. At a minimum, and to the |
20 | | extent necessary to provide data sharing, the Illinois |
21 | | Department shall enter into agreements with State agencies and |
22 | | departments, and is authorized to enter into agreements with |
23 | | federal agencies and departments, including but not limited to: |
24 | | the Secretary of State; the Department of Revenue; the |
25 | | Department of Public Health; the Department of Human Services; |
26 | | and the Department of Financial and Professional Regulation. |
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1 | | Beginning in fiscal year 2013, the Illinois Department |
2 | | shall set forth a request for information to identify the |
3 | | benefits of a pre-payment, post-adjudication, and post-edit |
4 | | claims system with the goals of streamlining claims processing |
5 | | and provider reimbursement, reducing the number of pending or |
6 | | rejected claims, and helping to ensure a more transparent |
7 | | adjudication process through the utilization of: (i) provider |
8 | | data verification and provider screening technology; and (ii) |
9 | | clinical code editing; and (iii) pre-pay, pre- or |
10 | | post-adjudicated predictive modeling with an integrated case |
11 | | management system with link analysis. Such a request for |
12 | | information shall not be considered as a request for proposal |
13 | | or as an obligation on the part of the Illinois Department to |
14 | | take any action or acquire any products or services. |
15 | | The Illinois Department shall establish policies, |
16 | | procedures,
standards and criteria by rule for the acquisition, |
17 | | repair and replacement
of orthotic and prosthetic devices and |
18 | | durable medical equipment. Such
rules shall provide, but not be |
19 | | limited to, the following services: (1)
immediate repair or |
20 | | replacement of such devices by recipients; and (2) rental, |
21 | | lease, purchase or lease-purchase of
durable medical equipment |
22 | | in a cost-effective manner, taking into
consideration the |
23 | | recipient's medical prognosis, the extent of the
recipient's |
24 | | needs, and the requirements and costs for maintaining such
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25 | | equipment. Subject to prior approval, such rules shall enable a |
26 | | recipient to temporarily acquire and
use alternative or |
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1 | | substitute devices or equipment pending repairs or
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2 | | replacements of any device or equipment previously authorized |
3 | | for such
recipient by the Department.
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4 | | The Department shall execute, relative to the nursing home |
5 | | prescreening
project, written inter-agency agreements with the |
6 | | Department of Human
Services and the Department on Aging, to |
7 | | effect the following: (i) intake
procedures and common |
8 | | eligibility criteria for those persons who are receiving
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9 | | non-institutional services; and (ii) the establishment and |
10 | | development of
non-institutional services in areas of the State |
11 | | where they are not currently
available or are undeveloped; and |
12 | | (iii) notwithstanding any other provision of law, subject to |
13 | | federal approval, on and after July 1, 2012, an increase in the |
14 | | determination of need (DON) scores from 29 to 37 for applicants |
15 | | for institutional and home and community-based long term care; |
16 | | if and only if federal approval is not granted, the Department |
17 | | may, in conjunction with other affected agencies, implement |
18 | | utilization controls or changes in benefit packages to |
19 | | effectuate a similar savings amount for this population; and |
20 | | (iv) no later than July 1, 2013, minimum level of care |
21 | | eligibility criteria for institutional and home and |
22 | | community-based long term care. In order to select the minimum |
23 | | level of care eligibility criteria, the Governor shall |
24 | | establish a workgroup that includes affected agency |
25 | | representatives and stakeholders representing the |
26 | | institutional and home and community-based long term care |
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1 | | interests. This Section shall not restrict the Department from |
2 | | implementing lower level of care eligibility criteria for |
3 | | community-based services in circumstances where federal |
4 | | approval has been granted.
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5 | | The Illinois Department shall develop and operate, in |
6 | | cooperation
with other State Departments and agencies and in |
7 | | compliance with
applicable federal laws and regulations, |
8 | | appropriate and effective
systems of health care evaluation and |
9 | | programs for monitoring of
utilization of health care services |
10 | | and facilities, as it affects
persons eligible for medical |
11 | | assistance under this Code.
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12 | | The Illinois Department shall report annually to the |
13 | | General Assembly,
no later than the second Friday in April of |
14 | | 1979 and each year
thereafter, in regard to:
|
15 | | (a) actual statistics and trends in utilization of |
16 | | medical services by
public aid recipients;
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17 | | (b) actual statistics and trends in the provision of |
18 | | the various medical
services by medical vendors;
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19 | | (c) current rate structures and proposed changes in |
20 | | those rate structures
for the various medical vendors; and
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21 | | (d) efforts at utilization review and control by the |
22 | | Illinois Department.
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23 | | The period covered by each report shall be the 3 years |
24 | | ending on the June
30 prior to the report. The report shall |
25 | | include suggested legislation
for consideration by the General |
26 | | Assembly. The filing of one copy of the
report with the |
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1 | | Speaker, one copy with the Minority Leader and one copy
with |
2 | | the Clerk of the House of Representatives, one copy with the |
3 | | President,
one copy with the Minority Leader and one copy with |
4 | | the Secretary of the
Senate, one copy with the Legislative |
5 | | Research Unit, and such additional
copies
with the State |
6 | | Government Report Distribution Center for the General
Assembly |
7 | | as is required under paragraph (t) of Section 7 of the State
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8 | | Library Act shall be deemed sufficient to comply with this |
9 | | Section.
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10 | | Rulemaking authority to implement Public Act 95-1045, if |
11 | | any, is conditioned on the rules being adopted in accordance |
12 | | with all provisions of the Illinois Administrative Procedure |
13 | | Act and all rules and procedures of the Joint Committee on |
14 | | Administrative Rules; any purported rule not so adopted, for |
15 | | whatever reason, is unauthorized. |
16 | | On and after July 1, 2012, the Department shall reduce any |
17 | | rate of reimbursement for services or other payments or alter |
18 | | any methodologies authorized by this Code to reduce any rate of |
19 | | reimbursement for services or other payments in accordance with |
20 | | Section 5-5e. |
21 | | (Source: P.A. 96-156, eff. 1-1-10; 96-806, eff. 7-1-10; 96-926, |
22 | | eff. 1-1-11; 96-1000, eff. 7-2-10; 97-48, eff. 6-28-11; 97-638, |
23 | | eff. 1-1-12; 97-689, eff. 6-14-12; 97-1061, eff. 8-24-12; |
24 | | revised 9-20-12.) |
25 | | (305 ILCS 5/5-5f) |
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1 | | Sec. 5-5f. Elimination and limitations of medical |
2 | | assistance services. Notwithstanding any other provision of |
3 | | this Code to the contrary, on and after July 1, 2012: |
4 | | (a) The following services shall no longer be a covered |
5 | | service available under this Code: group psychotherapy for |
6 | | residents of any facility licensed under the Nursing Home Care |
7 | | Act or the Specialized Mental Health Rehabilitation Act; and |
8 | | adult chiropractic services. |
9 | | (b) The Department shall place the following limitations on |
10 | | services: (i) the Department shall limit adult eyeglasses to |
11 | | one pair every 2 years; (ii) the Department shall set an annual |
12 | | limit of a maximum of 20 visits for each of the following |
13 | | services: adult speech, hearing, and language therapy |
14 | | services, adult occupational therapy services, and physical |
15 | | therapy services; (iii) the Department shall limit podiatry |
16 | | services to individuals with diabetes; (iv) the Department |
17 | | shall pay for caesarean sections at the normal vaginal delivery |
18 | | rate unless a caesarean section was medically necessary; (v) |
19 | | (blank) the Department shall limit adult dental services to |
20 | | emergencies ; and (vi) effective July 1, 2012, the Department |
21 | | shall place limitations and require concurrent review on every |
22 | | inpatient detoxification stay to prevent repeat admissions to |
23 | | any hospital for detoxification within 60 days of a previous |
24 | | inpatient detoxification stay. The Department shall convene a |
25 | | workgroup of hospitals, substance abuse providers, care |
26 | | coordination entities, managed care plans, and other |
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1 | | stakeholders to develop recommendations for quality standards, |
2 | | diversion to other settings, and admission criteria for |
3 | | patients who need inpatient detoxification. |
4 | | (c) The Department shall require prior approval of the |
5 | | following services: wheelchair repairs, regardless of the cost |
6 | | of the repairs, coronary artery bypass graft, and bariatric |
7 | | surgery consistent with Medicare standards concerning patient |
8 | | responsibility. The wholesale cost of power wheelchairs shall |
9 | | be actual acquisition cost including all discounts. |
10 | | (d) The Department shall establish benchmarks for |
11 | | hospitals to measure and align payments to reduce potentially |
12 | | preventable hospital readmissions, inpatient complications, |
13 | | and unnecessary emergency room visits. In doing so, the |
14 | | Department shall consider items, including, but not limited to, |
15 | | historic and current acuity of care and historic and current |
16 | | trends in readmission. The Department shall publish |
17 | | provider-specific historical readmission data and anticipated |
18 | | potentially preventable targets 60 days prior to the start of |
19 | | the program. In the instance of readmissions, the Department |
20 | | shall adopt policies and rates of reimbursement for services |
21 | | and other payments provided under this Code to ensure that, by |
22 | | June 30, 2013, expenditures to hospitals are reduced by, at a |
23 | | minimum, $40,000,000. |
24 | | (e) The Department shall establish utilization controls |
25 | | for the hospice program such that it shall not pay for other |
26 | | care services when an individual is in hospice. |
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1 | | (f) For home health services, the Department shall require |
2 | | Medicare certification of providers participating in the |
3 | | program, implement the Medicare face-to-face encounter rule, |
4 | | and limit services to post-hospitalization. The Department |
5 | | shall require providers to implement auditable electronic |
6 | | service verification based on global positioning systems or |
7 | | other cost-effective technology. |
8 | | (g) For the Home Services Program operated by the |
9 | | Department of Human Services and the Community Care Program |
10 | | operated by the Department on Aging, the Department of Human |
11 | | Services, in cooperation with the Department on Aging, shall |
12 | | implement an electronic service verification based on global |
13 | | positioning systems or other cost-effective technology. |
14 | | (h) The Department shall not pay for hospital admissions |
15 | | when the claim indicates a hospital acquired condition that |
16 | | would cause Medicare to reduce its payment on the claim had the |
17 | | claim been submitted to Medicare, nor shall the Department pay |
18 | | for hospital admissions where a Medicare identified "never |
19 | | event" occurred. |
20 | | (i) The Department shall implement cost savings |
21 | | initiatives for advanced imaging services, cardiac imaging |
22 | | services, pain management services, and back surgery. Such |
23 | | initiatives shall be designed to achieve annual costs savings.
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24 | | (Source: P.A. 97-689, eff. 6-14-12.)
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25 | | Section 99. Effective date. This Act takes effect July 1, |
26 | | 2013.
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