Full Text of HB2802 98th General Assembly
HB2802ham002 98TH GENERAL ASSEMBLY | Rep. Elgie R. Sims, Jr. Filed: 3/21/2013
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| 1 | | AMENDMENT TO HOUSE BILL 2802
| 2 | | AMENDMENT NO. ______. Amend House Bill 2802 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Public Aid Code is amended by | 5 | | changing Section 5-5 as follows: | 6 | | (305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
| 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,
| 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 |
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| 1 | | care furnished by licensed practitioners; (7)
home health care | 2 | | services; (8) private duty nursing service; (9) clinic
| 3 | | services; (10) dental services, including prevention and | 4 | | treatment of periodontal disease and dental caries disease for | 5 | | pregnant women, provided by an individual licensed to practice | 6 | | dentistry or dental surgery; for purposes of this item (10), | 7 | | "dental services" means diagnostic, preventive, or corrective | 8 | | procedures provided by or under the supervision of a dentist in | 9 | | the practice of his or her profession; (11) physical therapy | 10 | | and related
services; (12) prescribed drugs, dentures, and | 11 | | prosthetic devices; and
eyeglasses prescribed by a physician | 12 | | skilled in the diseases of the eye,
or by an optometrist, | 13 | | whichever the person may select; (13) other
diagnostic, | 14 | | screening, preventive, and rehabilitative services, including | 15 | | to ensure that the individual's need for intervention or | 16 | | treatment of mental disorders or substance use disorders or | 17 | | co-occurring mental health and substance use disorders is | 18 | | determined using a uniform screening, assessment, and | 19 | | evaluation process inclusive of criteria, for children and | 20 | | adults; for purposes of this item (13), a uniform screening, | 21 | | assessment, and evaluation process refers to a process that | 22 | | includes an appropriate evaluation and, as warranted, a | 23 | | referral; "uniform" does not mean the use of a singular | 24 | | instrument, tool, or process that all must utilize; (14)
| 25 | | transportation and such other expenses as may be necessary; | 26 | | (15) medical
treatment of sexual assault survivors, as defined |
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| 1 | | in
Section 1a of the Sexual Assault Survivors Emergency | 2 | | Treatment Act, for
injuries sustained as a result of the sexual | 3 | | assault, including
examinations and laboratory tests to | 4 | | discover evidence which may be used in
criminal proceedings | 5 | | arising from the sexual assault; (16) the
diagnosis and | 6 | | treatment of sickle cell anemia; and (17)
any other medical | 7 | | care, and any other type of remedial care recognized
under the | 8 | | laws of this State, but not including abortions, or induced
| 9 | | miscarriages or premature births, unless, in the opinion of a | 10 | | physician,
such procedures are necessary for the preservation | 11 | | of the life of the
woman seeking such treatment, or except an | 12 | | induced premature birth
intended to produce a live viable child | 13 | | and such procedure is necessary
for the health of the mother or | 14 | | her unborn child. The Illinois Department,
by rule, shall | 15 | | prohibit any physician from providing medical assistance
to | 16 | | anyone eligible therefor under this Code where such physician | 17 | | has been
found guilty of performing an abortion procedure in a | 18 | | wilful and wanton
manner upon a woman who was not pregnant at | 19 | | the time such abortion
procedure was performed. The term "any | 20 | | other type of remedial care" shall
include nursing care and | 21 | | nursing home service for persons who rely on
treatment by | 22 | | spiritual means alone through prayer for healing.
| 23 | | Notwithstanding any other provision of this Section, a | 24 | | comprehensive
tobacco use cessation program that includes | 25 | | purchasing prescription drugs or
prescription medical devices | 26 | | approved by the Food and Drug Administration shall
be covered |
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| 1 | | under the medical assistance
program under this Article for | 2 | | persons who are otherwise eligible for
assistance under this | 3 | | Article.
| 4 | | Notwithstanding any other provision of this Code, the | 5 | | Illinois
Department may not require, as a condition of payment | 6 | | for any laboratory
test authorized under this Article, that a | 7 | | physician's handwritten signature
appear on the laboratory | 8 | | test order form. The Illinois Department may,
however, impose | 9 | | other appropriate requirements regarding laboratory test
order | 10 | | documentation.
| 11 | | On and after July 1, 2012, the Department of Healthcare and | 12 | | Family Services may provide the following services to
persons
| 13 | | eligible for assistance under this Article who are | 14 | | participating in
education, training or employment programs | 15 | | operated by the Department of Human
Services as successor to | 16 | | the Department of Public Aid:
| 17 | | (1) dental services provided by or under the | 18 | | supervision of a dentist; and
| 19 | | (2) eyeglasses prescribed by a physician skilled in the | 20 | | diseases of the
eye, or by an optometrist, whichever the | 21 | | person may select.
| 22 | | Notwithstanding any other provision of this Code and | 23 | | subject to federal approval, the Department may adopt rules to | 24 | | allow a dentist who is volunteering his or her service at no | 25 | | cost to render dental services through an enrolled | 26 | | not-for-profit health clinic without the dentist personally |
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| 1 | | enrolling as a participating provider in the medical assistance | 2 | | program. A not-for-profit health clinic shall include a public | 3 | | health clinic or Federally Qualified Health Center or other | 4 | | enrolled provider, as determined by the Department, through | 5 | | which dental services covered under this Section are performed. | 6 | | The Department shall establish a process for payment of claims | 7 | | for reimbursement for covered dental services rendered under | 8 | | this provision. | 9 | | The Illinois Department, by rule, may distinguish and | 10 | | classify the
medical services to be provided only in accordance | 11 | | with the classes of
persons designated in Section 5-2.
| 12 | | The Department of Healthcare and Family Services must | 13 | | provide coverage and reimbursement for amino acid-based | 14 | | elemental formulas, regardless of delivery method, for the | 15 | | diagnosis and treatment of (i) eosinophilic disorders and (ii) | 16 | | short bowel syndrome when the prescribing physician has issued | 17 | | a written order stating that the amino acid-based elemental | 18 | | formula is medically necessary.
| 19 | | The Illinois Department shall authorize the provision of, | 20 | | and shall
authorize payment for, screening by low-dose | 21 | | mammography for the presence of
occult breast cancer for women | 22 | | 35 years of age or older who are eligible
for medical | 23 | | assistance under this Article, as follows: | 24 | | (A) A baseline
mammogram for women 35 to 39 years of | 25 | | age.
| 26 | | (B) An annual mammogram for women 40 years of age or |
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| 1 | | older. | 2 | | (C) A mammogram at the age and intervals considered | 3 | | medically necessary by the woman's health care provider for | 4 | | women under 40 years of age and having a family history of | 5 | | breast cancer, prior personal history of breast cancer, | 6 | | positive genetic testing, or other risk factors. | 7 | | (D) A comprehensive ultrasound screening of an entire | 8 | | breast or breasts if a mammogram demonstrates | 9 | | heterogeneous or dense breast tissue, when medically | 10 | | necessary as determined by a physician licensed to practice | 11 | | medicine in all of its branches. | 12 | | All screenings
shall
include a physical breast exam, | 13 | | instruction on self-examination and
information regarding the | 14 | | frequency of self-examination and its value as a
preventative | 15 | | tool. For purposes of this Section, "low-dose mammography" | 16 | | means
the x-ray examination of the breast using equipment | 17 | | dedicated specifically
for mammography, including the x-ray | 18 | | tube, filter, compression device,
and image receptor, with an | 19 | | average radiation exposure delivery
of less than one rad per | 20 | | breast for 2 views of an average size breast.
The term also | 21 | | includes digital mammography.
| 22 | | On and after January 1, 2012, providers participating in a | 23 | | quality improvement program approved by the Department shall be | 24 | | reimbursed for screening and diagnostic mammography at the same | 25 | | rate as the Medicare program's rates, including the increased | 26 | | reimbursement for digital mammography. |
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| 1 | | The Department shall convene an expert panel including | 2 | | representatives of hospitals, free-standing mammography | 3 | | facilities, and doctors, including radiologists, to establish | 4 | | quality standards. | 5 | | Subject to federal approval, the Department shall | 6 | | establish a rate methodology for mammography at federally | 7 | | qualified health centers and other encounter-rate clinics. | 8 | | These clinics or centers may also collaborate with other | 9 | | hospital-based mammography facilities. | 10 | | The Department shall establish a methodology to remind | 11 | | women who are age-appropriate for screening mammography, but | 12 | | who have not received a mammogram within the previous 18 | 13 | | months, of the importance and benefit of screening mammography. | 14 | | The Department shall establish a performance goal for | 15 | | primary care providers with respect to their female patients | 16 | | over age 40 receiving an annual mammogram. This performance | 17 | | goal shall be used to provide additional reimbursement in the | 18 | | form of a quality performance bonus to primary care providers | 19 | | who meet that goal. | 20 | | The Department shall devise a means of case-managing or | 21 | | patient navigation for beneficiaries diagnosed with breast | 22 | | cancer. This program shall initially operate as a pilot program | 23 | | in areas of the State with the highest incidence of mortality | 24 | | related to breast cancer. At least one pilot program site shall | 25 | | be in the metropolitan Chicago area and at least one site shall | 26 | | be outside the metropolitan Chicago area. An evaluation of the |
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| 1 | | pilot program shall be carried out measuring health outcomes | 2 | | and cost of care for those served by the pilot program compared | 3 | | to similarly situated patients who are not served by the pilot | 4 | | program. | 5 | | Any medical or health care provider shall immediately | 6 | | recommend, to
any pregnant woman who is being provided prenatal | 7 | | services and is suspected
of drug abuse or is addicted as | 8 | | defined in the Alcoholism and Other Drug Abuse
and Dependency | 9 | | Act, referral to a local substance abuse treatment provider
| 10 | | licensed by the Department of Human Services or to a licensed
| 11 | | hospital which provides substance abuse treatment services. | 12 | | The Department of Healthcare and Family Services
shall assure | 13 | | coverage for the cost of treatment of the drug abuse or
| 14 | | addiction for pregnant recipients in accordance with the | 15 | | Illinois Medicaid
Program in conjunction with the Department of | 16 | | Human Services.
| 17 | | All medical providers providing medical assistance to | 18 | | pregnant women
under this Code shall receive information from | 19 | | the Department on the
availability of services under the Drug | 20 | | Free Families with a Future or any
comparable program providing | 21 | | case management services for addicted women,
including | 22 | | information on appropriate referrals for other social services
| 23 | | that may be needed by addicted women in addition to treatment | 24 | | for addiction.
| 25 | | The Illinois Department, in cooperation with the | 26 | | Departments of Human
Services (as successor to the Department |
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| 1 | | of Alcoholism and Substance
Abuse) and Public Health, through a | 2 | | public awareness campaign, may
provide information concerning | 3 | | treatment for alcoholism and drug abuse and
addiction, prenatal | 4 | | health care, and other pertinent programs directed at
reducing | 5 | | the number of drug-affected infants born to recipients of | 6 | | medical
assistance.
| 7 | | Neither the Department of Healthcare and Family Services | 8 | | nor the Department of Human
Services shall sanction the | 9 | | recipient solely on the basis of
her substance abuse.
| 10 | | The Illinois Department shall establish such regulations | 11 | | governing
the dispensing of health services under this Article | 12 | | as it shall deem
appropriate. The Department
should
seek the | 13 | | advice of formal professional advisory committees appointed by
| 14 | | the Director of the Illinois Department for the purpose of | 15 | | providing regular
advice on policy and administrative matters, | 16 | | information dissemination and
educational activities for | 17 | | medical and health care providers, and
consistency in | 18 | | procedures to the Illinois Department.
| 19 | | The Illinois Department may develop and contract with | 20 | | Partnerships of
medical providers to arrange medical services | 21 | | for persons eligible under
Section 5-2 of this Code. | 22 | | Implementation of this Section may be by
demonstration projects | 23 | | in certain geographic areas. The Partnership shall
be | 24 | | represented by a sponsor organization. The Department, by rule, | 25 | | shall
develop qualifications for sponsors of Partnerships. | 26 | | Nothing in this
Section shall be construed to require that the |
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| 1 | | sponsor organization be a
medical organization.
| 2 | | The sponsor must negotiate formal written contracts with | 3 | | medical
providers for physician services, inpatient and | 4 | | outpatient hospital care,
home health services, treatment for | 5 | | alcoholism and substance abuse, and
other services determined | 6 | | necessary by the Illinois Department by rule for
delivery by | 7 | | Partnerships. Physician services must include prenatal and
| 8 | | obstetrical care. The Illinois Department shall reimburse | 9 | | medical services
delivered by Partnership providers to clients | 10 | | in target areas according to
provisions of this Article and the | 11 | | Illinois Health Finance Reform Act,
except that:
| 12 | | (1) Physicians participating in a Partnership and | 13 | | providing certain
services, which shall be determined by | 14 | | the Illinois Department, to persons
in areas covered by the | 15 | | Partnership may receive an additional surcharge
for such | 16 | | services.
| 17 | | (2) The Department may elect to consider and negotiate | 18 | | financial
incentives to encourage the development of | 19 | | Partnerships and the efficient
delivery of medical care.
| 20 | | (3) Persons receiving medical services through | 21 | | Partnerships may receive
medical and case management | 22 | | services above the level usually offered
through the | 23 | | medical assistance program.
| 24 | | Medical providers shall be required to meet certain | 25 | | qualifications to
participate in Partnerships to ensure the | 26 | | delivery of high quality medical
services. These |
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| 1 | | qualifications shall be determined by rule of the Illinois
| 2 | | Department and may be higher than qualifications for | 3 | | participation in the
medical assistance program. Partnership | 4 | | sponsors may prescribe reasonable
additional qualifications | 5 | | for participation by medical providers, only with
the prior | 6 | | written approval of the Illinois Department.
| 7 | | Nothing in this Section shall limit the free choice of | 8 | | practitioners,
hospitals, and other providers of medical | 9 | | services by clients.
In order to ensure patient freedom of | 10 | | choice, the Illinois Department shall
immediately promulgate | 11 | | all rules and take all other necessary actions so that
provided | 12 | | services may be accessed from therapeutically certified | 13 | | optometrists
to the full extent of the Illinois Optometric | 14 | | Practice Act of 1987 without
discriminating between service | 15 | | providers.
| 16 | | The Department shall apply for a waiver from the United | 17 | | States Health
Care Financing Administration to allow for the | 18 | | implementation of
Partnerships under this Section.
| 19 | | The Illinois Department shall require health care | 20 | | providers to maintain
records that document the medical care | 21 | | and services provided to recipients
of Medical Assistance under | 22 | | this Article. Such records must be retained for a period of not | 23 | | less than 6 years from the date of service or as provided by | 24 | | applicable State law, whichever period is longer, except that | 25 | | if an audit is initiated within the required retention period | 26 | | then the records must be retained until the audit is completed |
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| 1 | | and every exception is resolved. The Illinois Department shall
| 2 | | require health care providers to make available, when | 3 | | authorized by the
patient, in writing, the medical records in a | 4 | | timely fashion to other
health care providers who are treating | 5 | | or serving persons eligible for
Medical Assistance under this | 6 | | Article. All dispensers of medical services
shall be required | 7 | | to maintain and retain business and professional records
| 8 | | sufficient to fully and accurately document the nature, scope, | 9 | | details and
receipt of the health care provided to persons | 10 | | eligible for medical
assistance under this Code, in accordance | 11 | | with regulations promulgated by
the Illinois Department. The | 12 | | rules and regulations shall require that proof
of the receipt | 13 | | of prescription drugs, dentures, prosthetic devices and
| 14 | | eyeglasses by eligible persons under this Section accompany | 15 | | each claim
for reimbursement submitted by the dispenser of such | 16 | | medical services.
No such claims for reimbursement shall be | 17 | | approved for payment by the Illinois
Department without such | 18 | | proof of receipt, unless the Illinois Department
shall have put | 19 | | into effect and shall be operating a system of post-payment
| 20 | | audit and review which shall, on a sampling basis, be deemed | 21 | | adequate by
the Illinois Department to assure that such drugs, | 22 | | dentures, prosthetic
devices and eyeglasses for which payment | 23 | | is being made are actually being
received by eligible | 24 | | recipients. Within 90 days after the effective date of
this | 25 | | amendatory Act of 1984, the Illinois Department shall establish | 26 | | a
current list of acquisition costs for all prosthetic devices |
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| 1 | | and any
other items recognized as medical equipment and | 2 | | supplies reimbursable under
this Article and shall update such | 3 | | list on a quarterly basis, except that
the acquisition costs of | 4 | | all prescription drugs shall be updated no
less frequently than | 5 | | every 30 days as required by Section 5-5.12.
| 6 | | The rules and regulations of the Illinois Department shall | 7 | | require
that a written statement including the required opinion | 8 | | of a physician
shall accompany any claim for reimbursement for | 9 | | abortions, or induced
miscarriages or premature births. This | 10 | | statement shall indicate what
procedures were used in providing | 11 | | such medical services.
| 12 | | The Illinois Department shall require all dispensers of | 13 | | medical
services, other than an individual practitioner or | 14 | | group of practitioners,
desiring to participate in the Medical | 15 | | Assistance program
established under this Article to disclose | 16 | | all financial, beneficial,
ownership, equity, surety or other | 17 | | interests in any and all firms,
corporations, partnerships, | 18 | | associations, business enterprises, joint
ventures, agencies, | 19 | | institutions or other legal entities providing any
form of | 20 | | health care services in this State under this Article.
| 21 | | The Illinois Department may require that all dispensers of | 22 | | medical
services desiring to participate in the medical | 23 | | assistance program
established under this Article disclose, | 24 | | under such terms and conditions as
the Illinois Department may | 25 | | by rule establish, all inquiries from clients
and attorneys | 26 | | regarding medical bills paid by the Illinois Department, which
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| 1 | | inquiries could indicate potential existence of claims or liens | 2 | | for the
Illinois Department.
| 3 | | Enrollment of a vendor
shall be
subject to a provisional | 4 | | period and shall be conditional for one year. During the period | 5 | | of conditional enrollment, the Department may
terminate the | 6 | | vendor's eligibility to participate in, or may disenroll the | 7 | | vendor from, the medical assistance
program without cause. | 8 | | Unless otherwise specified, such termination of eligibility or | 9 | | disenrollment is not subject to the
Department's hearing | 10 | | process.
However, a disenrolled vendor may reapply without | 11 | | penalty.
| 12 | | The Department has the discretion to limit the conditional | 13 | | enrollment period for vendors based upon category of risk of | 14 | | the vendor. | 15 | | Prior to enrollment and during the conditional enrollment | 16 | | period in the medical assistance program, all vendors shall be | 17 | | subject to enhanced oversight, screening, and review based on | 18 | | the risk of fraud, waste, and abuse that is posed by the | 19 | | category of risk of the vendor. The Illinois Department shall | 20 | | establish the procedures for oversight, screening, and review, | 21 | | which may include, but need not be limited to: criminal and | 22 | | financial background checks; fingerprinting; license, | 23 | | certification, and authorization verifications; unscheduled or | 24 | | unannounced site visits; database checks; prepayment audit | 25 | | reviews; audits; payment caps; payment suspensions; and other | 26 | | screening as required by federal or State law. |
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| 1 | | The Department shall define or specify the following: (i) | 2 | | by provider notice, the "category of risk of the vendor" for | 3 | | each type of vendor, which shall take into account the level of | 4 | | screening applicable to a particular category of vendor under | 5 | | federal law and regulations; (ii) by rule or provider notice, | 6 | | the maximum length of the conditional enrollment period for | 7 | | each category of risk of the vendor; and (iii) by rule, the | 8 | | hearing rights, if any, afforded to a vendor in each category | 9 | | of risk of the vendor that is terminated or disenrolled during | 10 | | the conditional enrollment period. | 11 | | To be eligible for payment consideration, a vendor's | 12 | | payment claim or bill, either as an initial claim or as a | 13 | | resubmitted claim following prior rejection, must be received | 14 | | by the Illinois Department, or its fiscal intermediary, no | 15 | | later than 180 days after the latest date on the claim on which | 16 | | medical goods or services were provided, with the following | 17 | | exceptions: | 18 | | (1) In the case of a provider whose enrollment is in | 19 | | process by the Illinois Department, the 180-day period | 20 | | shall not begin until the date on the written notice from | 21 | | the Illinois Department that the provider enrollment is | 22 | | complete. | 23 | | (2) In the case of errors attributable to the Illinois | 24 | | Department or any of its claims processing intermediaries | 25 | | which result in an inability to receive, process, or | 26 | | adjudicate a claim, the 180-day period shall not begin |
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| 1 | | until the provider has been notified of the error. | 2 | | (3) In the case of a provider for whom the Illinois | 3 | | Department initiates the monthly billing process. | 4 | | For claims for services rendered during a period for which | 5 | | a recipient received retroactive eligibility, claims must be | 6 | | filed within 180 days after the Department determines the | 7 | | applicant is eligible. For claims for which the Illinois | 8 | | Department is not the primary payer, claims must be submitted | 9 | | to the Illinois Department within 180 days after the final | 10 | | adjudication by the primary payer. | 11 | | In the case of long term care facilities, admission | 12 | | documents shall be submitted within 30 days of an admission to | 13 | | the facility through the Medical Electronic Data Interchange | 14 | | (MEDI) or the Recipient Eligibility Verification (REV) System, | 15 | | or shall be submitted directly to the Department of Human | 16 | | Services using required admission forms. Confirmation numbers | 17 | | assigned to an accepted transaction shall be retained by a | 18 | | facility to verify timely submittal. Once an admission | 19 | | transaction has been completed, all resubmitted claims | 20 | | following prior rejection are subject to receipt no later than | 21 | | 180 days after the admission transaction has been completed. | 22 | | Claims that are not submitted and received in compliance | 23 | | with the foregoing requirements shall not be eligible for | 24 | | payment under the medical assistance program, and the State | 25 | | shall have no liability for payment of those claims. | 26 | | To the extent consistent with applicable information and |
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| 1 | | privacy, security, and disclosure laws, State and federal | 2 | | agencies and departments shall provide the Illinois Department | 3 | | access to confidential and other information and data necessary | 4 | | to perform eligibility and payment verifications and other | 5 | | Illinois Department functions. This includes, but is not | 6 | | limited to: information pertaining to licensure; | 7 | | certification; earnings; immigration status; citizenship; wage | 8 | | reporting; unearned and earned income; pension income; | 9 | | employment; supplemental security income; social security | 10 | | numbers; National Provider Identifier (NPI) numbers; the | 11 | | National Practitioner Data Bank (NPDB); program and agency | 12 | | exclusions; taxpayer identification numbers; tax delinquency; | 13 | | corporate information; and death records. | 14 | | The Illinois Department shall enter into agreements with | 15 | | State agencies and departments, and is authorized to enter into | 16 | | agreements with federal agencies and departments, under which | 17 | | such agencies and departments shall share data necessary for | 18 | | medical assistance program integrity functions and oversight. | 19 | | The Illinois Department shall develop, in cooperation with | 20 | | other State departments and agencies, and in compliance with | 21 | | applicable federal laws and regulations, appropriate and | 22 | | effective methods to share such data. At a minimum, and to the | 23 | | extent necessary to provide data sharing, the Illinois | 24 | | Department shall enter into agreements with State agencies and | 25 | | departments, and is authorized to enter into agreements with | 26 | | federal agencies and departments, including but not limited to: |
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| 1 | | the Secretary of State; the Department of Revenue; the | 2 | | Department of Public Health; the Department of Human Services; | 3 | | and the Department of Financial and Professional Regulation. | 4 | | Beginning in fiscal year 2013, the Illinois Department | 5 | | shall set forth a request for information to identify the | 6 | | benefits of a pre-payment, post-adjudication, and post-edit | 7 | | claims system with the goals of streamlining claims processing | 8 | | and provider reimbursement, reducing the number of pending or | 9 | | rejected claims, and helping to ensure a more transparent | 10 | | adjudication process through the utilization of: (i) provider | 11 | | data verification and provider screening technology; and (ii) | 12 | | clinical code editing; and (iii) pre-pay, pre- or | 13 | | post-adjudicated predictive modeling with an integrated case | 14 | | management system with link analysis. Such a request for | 15 | | information shall not be considered as a request for proposal | 16 | | or as an obligation on the part of the Illinois Department to | 17 | | take any action or acquire any products or services. | 18 | | The Illinois Department shall establish policies, | 19 | | procedures,
standards and criteria by rule for the acquisition, | 20 | | repair and replacement
of orthotic and prosthetic devices and | 21 | | durable medical equipment. Such
rules shall provide, but not be | 22 | | limited to, the following services: (1)
immediate repair or | 23 | | replacement of such devices by recipients; and (2) rental, | 24 | | lease, purchase or lease-purchase of
durable medical equipment | 25 | | in a cost-effective manner, taking into
consideration the | 26 | | recipient's medical prognosis, the extent of the
recipient's |
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| 1 | | needs, and the requirements and costs for maintaining such
| 2 | | equipment. Subject to prior approval, such rules shall enable a | 3 | | recipient to temporarily acquire and
use alternative or | 4 | | substitute devices or equipment pending repairs or
| 5 | | replacements of any device or equipment previously authorized | 6 | | for such
recipient by the Department.
| 7 | | The Department shall execute, relative to the nursing home | 8 | | prescreening
project, written inter-agency agreements with the | 9 | | Department of Human
Services and the Department on Aging, to | 10 | | effect the following: (i) intake
procedures and common | 11 | | eligibility criteria for those persons who are receiving
| 12 | | non-institutional services; and (ii) the establishment and | 13 | | development of
non-institutional services in areas of the State | 14 | | where they are not currently
available or are undeveloped; and | 15 | | (iii) notwithstanding any other provision of law, subject to | 16 | | federal approval, on and after July 1, 2012, an increase in the | 17 | | determination of need (DON) scores from 29 to 37 for applicants | 18 | | for institutional and home and community-based long term care; | 19 | | if and only if federal approval is not granted, the Department | 20 | | may, in conjunction with other affected agencies, implement | 21 | | utilization controls or changes in benefit packages to | 22 | | effectuate a similar savings amount for this population; and | 23 | | (iv) no later than July 1, 2013, minimum level of care | 24 | | eligibility criteria for institutional and home and | 25 | | community-based long term care ; and (v) no later than October | 26 | | 1, 2013, establish procedures to permit long term care |
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| 1 | | providers access to eligibility scores for individuals who are | 2 | | seeking or receiving services from the long term care provider . | 3 | | In order to select the minimum level of care eligibility | 4 | | criteria, the Governor shall establish a workgroup that | 5 | | includes affected agency representatives and stakeholders | 6 | | representing the institutional and home and community-based | 7 | | long term care interests. This Section shall not restrict the | 8 | | Department from implementing lower level of care eligibility | 9 | | criteria for community-based services in circumstances where | 10 | | federal approval has been granted.
| 11 | | The Illinois Department shall develop and operate, in | 12 | | cooperation
with other State Departments and agencies and in | 13 | | compliance with
applicable federal laws and regulations, | 14 | | appropriate and effective
systems of health care evaluation and | 15 | | programs for monitoring of
utilization of health care services | 16 | | and facilities, as it affects
persons eligible for medical | 17 | | assistance under this Code.
| 18 | | The Illinois Department shall report annually to the | 19 | | General Assembly,
no later than the second Friday in April of | 20 | | 1979 and each year
thereafter, in regard to:
| 21 | | (a) actual statistics and trends in utilization of | 22 | | medical services by
public aid recipients;
| 23 | | (b) actual statistics and trends in the provision of | 24 | | the various medical
services by medical vendors;
| 25 | | (c) current rate structures and proposed changes in | 26 | | those rate structures
for the various medical vendors; and
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| 1 | | (d) efforts at utilization review and control by the | 2 | | Illinois Department.
| 3 | | The period covered by each report shall be the 3 years | 4 | | ending on the June
30 prior to the report. The report shall | 5 | | include suggested legislation
for consideration by the General | 6 | | Assembly. The filing of one copy of the
report with the | 7 | | Speaker, one copy with the Minority Leader and one copy
with | 8 | | the Clerk of the House of Representatives, one copy with the | 9 | | President,
one copy with the Minority Leader and one copy with | 10 | | the Secretary of the
Senate, one copy with the Legislative | 11 | | Research Unit, and such additional
copies
with the State | 12 | | Government Report Distribution Center for the General
Assembly | 13 | | as is required under paragraph (t) of Section 7 of the State
| 14 | | Library Act shall be deemed sufficient to comply with this | 15 | | Section.
| 16 | | Rulemaking authority to implement Public Act 95-1045, if | 17 | | any, is conditioned on the rules being adopted in accordance | 18 | | with all provisions of the Illinois Administrative Procedure | 19 | | Act and all rules and procedures of the Joint Committee on | 20 | | Administrative Rules; any purported rule not so adopted, for | 21 | | whatever reason, is unauthorized. | 22 | | On and after July 1, 2012, the Department shall reduce any | 23 | | rate of reimbursement for services or other payments or alter | 24 | | any methodologies authorized by this Code to reduce any rate of | 25 | | reimbursement for services or other payments in accordance with | 26 | | Section 5-5e. |
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| 1 | | (Source: P.A. 96-156, eff. 1-1-10; 96-806, eff. 7-1-10; 96-926, | 2 | | eff. 1-1-11; 96-1000, eff. 7-2-10; 97-48, eff. 6-28-11; 97-638, | 3 | | eff. 1-1-12; 97-689, eff. 6-14-12; 97-1061, eff. 8-24-12; | 4 | | revised 9-20-12.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.".
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