Full Text of SB1863 94th General Assembly
SB1863 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB1863
Introduced 2/25/2005, by Sen. Susan Garrett - Jeffrey M. Schoenberg - Dale A. Righter - Todd Sieben SYNOPSIS AS INTRODUCED: |
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20 ILCS 2215/4-2 |
from Ch. 111 1/2, par. 6504-2 |
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Amends the Illinois Health Care Finance Reform Act. Requires the Department of Public Health to require all ambulatory surgical treatment centers licensed to operate in the State (now, the requirement applies only to hospitals licensed to operate in the State) to adopt a uniform system for submitting patient claims and encounter data (now, patient billing data) for payment from public and private payors. Requires hospitals and ambulatory surgical centers to submit billing data to the Department of Public Health no later than 60 days after the end of each calendar quarter. Requires the Department to include certain information in its "Consumer Guide to Health Care" on its website. Authorizes the Department to disclose certain information on its website. Authorizes the Department to promulgate rules concerning the provisions of the Illinois Health Care Finance Reform Act. Requires that ambulatory surgical treatment centers, organizations representing ambulatory surgical treatment centers, purchasers, consumer groups, and health plans be meaningfully involved in the development of all aspects of
the Department's methodology for collecting, analyzing, and
disclosing the information collected under this Act. Requires the Department to evaluate additional methods for comparing the performance of hospitals and ambulatory surgical treatment centers and report its findings and recommendations on its Internet website and to the Governor and General Assembly no later than January 1, 2006. Makes other changes. Effective immediately.
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A BILL FOR
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SB1863 |
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LRB094 11581 BDD 42602 b |
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| AN ACT concerning State government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Health Finance Reform Act is | 5 |
| amended by changing Section 4-2 as follows:
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| (20 ILCS 2215/4-2) (from Ch. 111 1/2, par. 6504-2)
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| Sec. 4-2. Powers and duties.
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| (a) (Blank).
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| (b) (Blank).
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| (c) (Blank).
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| (d) Uniform Provider Utilization and Charge Information.
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| (1) The Department of Public Health shall require that | 13 |
| all hospitals and ambulatory surgical treatment centers
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| licensed to operate in the State of Illinois adopt a | 15 |
| uniform system for
submitting patient claims and encounter | 16 |
| data
charges
for payment from public and private payors. | 17 |
| This system shall be based upon adoption of the uniform
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| electronic hospital billing form pursuant to the Health | 19 |
| Insurance
Portability and Accountability Act.
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| (2) (Blank).
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| (3) The Department of Insurance shall require all | 22 |
| third-party payors,
including but not limited to, licensed | 23 |
| insurers, medical and hospital service
corporations, | 24 |
| health maintenance organizations, and self-funded employee
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| health plans, to accept the uniform billing form, without | 26 |
| attachment as
submitted by hospitals pursuant to paragraph | 27 |
| (1) of subsection (d) above,
effective January 1, 1985; | 28 |
| provided, however, nothing shall prevent all
such third | 29 |
| party payors from requesting additional information | 30 |
| necessary to
determine eligibility for benefits or | 31 |
| liability for reimbursement for
services provided.
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| (4) By no later than 60 days after the end of each |
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LRB094 11581 BDD 42602 b |
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| calendar quarter, each
Each hospital
licensed in the State | 2 |
| shall electronically submit to
the Department inpatient | 3 |
| and outpatient claims and encounter
patient
billing data | 4 |
| related to surgical and invasive procedures collected | 5 |
| under paragraph (5) for each patient. | 6 |
| By no later than 60 days after the end of each calendar | 7 |
| quarter, each ambulatory surgical treatment center | 8 |
| licensed in the State shall electronically submit to the | 9 |
| Department outpatient claims and encounter data collected | 10 |
| under paragraph (5) for each patient.
conditions and | 11 |
| procedures required
for public disclosure pursuant to | 12 |
| paragraph (6).
For hospitals, the billing
data to be
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| reported shall include all inpatient surgical
cases.
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| Billing data submitted under this Act
shall not include a | 15 |
| patient's name,
address,
or
Social Security number.
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| (5) By no later than January 1, 2006
January 1, 2005 , | 17 |
| the Department must collect and
compile
claims and | 18 |
| encounter
billing data related to surgical and invasive | 19 |
| procedures
required under paragraph (6) according to | 20 |
| uniform electronic
submission formats as required under | 21 |
| the Health Insurance Portability and
Accountability Act. | 22 |
| By no later than January 1, 2006, the Department must | 23 |
| collect and compile from ambulatory surgical treatment | 24 |
| centers the claims and encounter data according to uniform | 25 |
| electronic data element formats as required under the | 26 |
| Health Insurance Portability and Accountability Act of | 27 |
| 1996 (HIPAA).
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| (6) The Department shall make available on its website | 29 |
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"Consumer Guide to Health Care" by January 1, 2006. The | 30 |
| "Consumer
Guide to Health Care" shall include information | 31 |
| on at least 30 inpatient conditions and
procedures | 32 |
| identified by the Department that demonstrate the highest
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| degree of variation in patient charges and quality of care . | 34 |
| By no later than January 1, 2007, the "Consumer Guide to | 35 |
| Health Care" shall include information for both inpatient | 36 |
| and outpatient conditions and procedures . As to each
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| condition or procedure, the "Consumer Guide to Health Care" | 2 |
| shall include
up-to-date comparison information relating | 3 |
| to volume of cases, average
charges, risk-adjusted | 4 |
| mortality rates, and nosocomial infection rates.
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| Information disclosed pursuant to this paragraph on
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| mortality and infection rates shall be based upon | 7 |
| information hospitals
and ambulatory surgical treatment | 8 |
| centers have either (i)
previously submitted to the | 9 |
| Department pursuant to their obligations
to report health | 10 |
| care information under this Act or other public health | 11 |
| reporting laws
and regulations outside of this Act or (ii) | 12 |
| submitted to the Department under the provisions of the | 13 |
| Hospital Report Card Act .
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| (7) Publicly disclosed information must be provided in | 15 |
| language
that is easy to understand and accessible to | 16 |
| consumers using an
interactive query system.
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| (8) None of the information the Department discloses to | 18 |
| the public
under this subsection may be made available | 19 |
| unless the information has
been reviewed, adjusted, and | 20 |
| validated according to the following process:
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| (i) Hospitals , ambulatory surgical treatment | 22 |
| centers,
and organizations
representing hospitals , | 23 |
| ambulatory surgical treatment centers, purchasers, | 24 |
| consumer groups, and health plans are
meaningfully | 25 |
| involved in the development of all aspects of
the | 26 |
| Department's methodology for collecting, analyzing, | 27 |
| and
disclosing the information collected under this | 28 |
| Act, including
collection methods, formatting, and | 29 |
| methods and means for
release and dissemination;
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| (ii) The entire methodology for collecting
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| collection and
analyzing the data is disclosed to all | 32 |
| relevant organizations
and to all providers that are | 33 |
| the subject of any information to
be made available to | 34 |
| the public before any public disclosure
of such | 35 |
| information;
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| (iii) Data collection and analytical methodologies |
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| are
used that meet accepted standards of validity and | 2 |
| reliability
before any information is made available | 3 |
| to the public;
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| (iv) The limitations of the data sources and | 5 |
| analytic
methodologies used to develop comparative | 6 |
| provider
information are clearly identified and | 7 |
| acknowledged,
including, but not limited to, | 8 |
| appropriate and inappropriate
uses of the data;
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| (v) To the greatest extent possible, comparative
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| hospital and ambulatory surgical treatment center
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| information initiatives use standard-based
norms | 12 |
| derived from widely accepted provider-developed
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| practice guidelines;
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| (v-5) For ambulatory services, information is | 15 |
| provided on surgical infections and mortality for | 16 |
| selected procedures, as determined by the Department, | 17 |
| based on review by the Department of its own, local, or | 18 |
| national studies.
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| (vi) Comparative hospital and ambulatory surgical | 20 |
| treatment center information and other
information | 21 |
| that the Department has compiled regarding
hospitals | 22 |
| and ambulatory surgical treatment centers is shared | 23 |
| with the hospitals and ambulatory surgical treatment | 24 |
| centers under review prior to
public dissemination of | 25 |
| the information and these providers
have an | 26 |
| opportunity to make corrections and additions of
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| helpful explanatory comments about the information | 28 |
| before
the publication;
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| (vii) Comparisons among hospitals and ambulatory | 30 |
| surgical treatment centers adjust for
patient case mix | 31 |
| and other relevant risk factors and control
for | 32 |
| provider peer groups , if applicable ;
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| (viii) Effective safeguards to protect against the
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| unauthorized use or disclosure of hospital and | 35 |
| ambulatory surgical treatment center information are
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| developed and implemented;
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| (ix) Effective safeguards to protect against the
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| dissemination of inconsistent, incomplete, invalid,
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| inaccurate, or subjective provider data are developed | 4 |
| and
implemented;
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| (x) The quality and accuracy of hospital and | 6 |
| ambulatory surgical treatment center information
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| reported under this Act and its data collection, | 8 |
| analysis, and
dissemination methodologies are | 9 |
| evaluated regularly; and
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| (xi) Only the most basic identifying information | 11 |
| from
mandatory reports is used, and patient | 12 |
| identifiable
information is not released. The input | 13 |
| data collected
by the Department shall not be a public | 14 |
| record under the
Illinois Freedom of Information Act.
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| None of the information
the Department discloses to the | 16 |
| public under this Act may be
used to establish a standard | 17 |
| of care in a private civil action.
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| (9) The Department must develop and implement an | 19 |
| outreach
campaign to educate the public regarding the | 20 |
| availability of the "Consumer
Guide to Health Care".
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| (10) By January 1, 2006,
Within 12 months after the | 22 |
| effective date of this amendatory
Act of the 93rd General | 23 |
| Assembly, the Department must study the
most effective | 24 |
| methods for public disclosure of patient claims and | 25 |
| encounter
charge data and
health care quality information | 26 |
| that will be useful to consumers in making
health care | 27 |
| decisions and report its recommendations to the
Governor | 28 |
| and to the General Assembly.
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| (11) The Department must undertake all steps necessary | 30 |
| under
State and Federal law , including the | 31 |
| Gramm-Leach-Bliley Act and the HIPAA privacy regulations, | 32 |
| to protect patient confidentiality in order to prevent
the | 33 |
| identification of individual patient records.
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| (12) The Department must adopt rules for inpatient and | 35 |
| outpatient data collection and reporting this no later than | 36 |
| January 1, 2006. |
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| (13) In addition to the data products indicated above, | 2 |
| the Department shall respond to requests by government | 3 |
| agencies, academic research organizations, and private | 4 |
| sector organizations for purposes of clinical performance | 5 |
| measurements and analyses of data collected pursuant to | 6 |
| this Section. | 7 |
| (14) The Department must evaluate additional methods | 8 |
| for comparing the performance of hospitals and ambulatory | 9 |
| surgical treatment centers, including the value of | 10 |
| disclosing additional measures that are adopted by the | 11 |
| National Quality Forum, The Joint Commission on | 12 |
| Accreditation of Healthcare Organizations, the Centers for | 13 |
| Medicare and Medicaid Services, or a similar national | 14 |
| entity that establishes standards to measure the | 15 |
| performance of health care providers. The Department shall | 16 |
| report its findings and recommendations on its Internet | 17 |
| website and to the Governor and General Assembly no later | 18 |
| than January 1, 2006.
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| (e) (Blank).
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| (Source: P.A. 92-597, eff. 7-1-02; 93-144, eff. 7-10-03.)
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| Section 99. Effective date. This Act takes effect upon | 22 |
| becoming law.
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