5 January 2022
Illinois started 2022 with more than 250 new laws! ISMS has compiled some of the notable health-related bills that went into effect on January 1st.
Additionally, while the following two laws came into force in 2021, they are very important to your practice and have therefore also been included:
- Telegesundheit– House Bill 3308 /Public Law 102-0104Requires state-regulated private health insurers to cover telemedicine visits and reimburse healthcare professionals at the same rate as they would if the treating healthcare professional saw the patient in person.
- Mental Health – Medical Necessity– House Bill 2595 /Public Law 102-0579corrects current inequalities in the way health insurance plans cover mental health care by providing clear definitions and standards for when services and treatment are considered medically necessary.
New laws for 2022
Health insurance
Prior Approval:House Law 711 /Public Law 102-0409This new law, which was the top legislative priority of the ISMS in 2021, aims to eliminate bureaucratic delays caused by prior approval requirements. The law received unanimous bipartisan support in the Illinois General Assembly during the spring legislative session. Find out more with the ISMS Issue Brief.The Prior Authorization Reform Act: A Big Win for Illinois.
cancer test:House of Representatives Act 2109 /Public Law 102-0589Requires that state-regulated health plans cover comprehensive testing for cancer and cancer predisposition.
Children with autism:Senate Act 1592 /Public Law 102-0322Prohibits an insurer from denying or denying otherwise covered services to children with autism based on the location where the services are provided.
Biomarker-Tests: House Act 1779 /Public Law 102-0203Extends coverage for biomarker testing through federally regulated public and private insurance plans.
Mental Health and Substance Use Disorders:Senate Act 471/Public Law 102-0144Requires federally regulated insurance plans to ensure insured members have timely access to treatment for mental, emotional, nervous, or substance use disorders or conditions.
A1C and vitamin D test:Senate Act 1854 /Public Law 102-0530Requires that state-regulated health plans cover a health care provider-recommended A1C and vitamin D testing for prediabetes and diabetes.
Refunds and settlements:Senate Act 1974 /Public Law 102-0632Prevents reimbursements or payment settlements from healthcare professionals 12 months or more after the original payment, except in certain circumstances; Previously, refunds and offsets were allowed up to 18 months after the original payment.
Compulsory health insurance for a child: Senate Law 258 /Public Law 102-0087Prevents employers from excluding children from an insurance company's health coverage. The new law defines a "contributor" as a person who is required to provide health insurance for a child, typically as a result of a court-ordered child support payment.
birth control:House Act 135 /Public Law 102-0103Allows pharmacists to dispense birth control pills under a standing order issued by a physician or county health department medical director.
Opioids
Opioid antagonists:House Law 2589 /Public Law 102-0598Expands the use and reimbursement of dispensing of opioid antagonists to prevent overdose deaths and improves substance use disorder treatment services.
Regulatory
Training for commissioned reporters and implied bias:house law 3100 /Public Law 102-0604Requires that the initial commissioned reporter training required for commissioned reporters of child abuse or neglect include a section on implied bias training.
Intellectual disability assessment:House Act 55 /Public Law 102-0109Allows clinical psychologists, in addition to physicians, to assess whether a person has an intellectual disability that could affect the need for a guardian.
Life Support Treatment:Senate Act 109/Public Law 102-0140Amends the requirements for certifying a patient as indecisive and with a qualifying condition in the case of the provision of life support. These certificates must be drawn up by the treating doctor and another person who has personally examined the patient; Previously, the other certifying person had to be a physician, but under this new law, that role may also be held by a registered nurse, physician assistant, or resident physician with at least one year of Illinois undergraduate training.
Disciplinary measures:Senate Act 1790 /Public Law 102-0229Requests the Illinois Department of Financial and Professional Regulation (IDFPR) to post on its website the process for requesting a disciplinary rehearing and the process for restoring a medical license after the successful completion of a period of probation, suspension, or revocation.
Criminal convictions:House Act 14 /Public Law 102-0105If IDFPR denies an application for a license, certification, or grant registration based on a previous criminal conviction, the Department must demonstrate how the conviction relates directly to the position sought and would prevent the applicant from actually pursuing the position sought.
Signing of death certificates:House of Representatives Act 214 /Public Law 102-0257Allows Registered Nursing Practitioners with full license to practice to sign death certificates as a "Certifying Medical Professional" provided they have treated or cared for the patient within 12 months of the patient's death. Allows physicians to delegate signing authority to APRNS with whom they have collaborative agreements if they wish.
medical records:House Law 714 /Public Law 102-0183Requires healthcare facilities and physicians to provide patients with free copies of medical records to support a claim for benefits and allows records to be shared with a patient's authorized representative.
Facilities closer to the patient's home:Senate Act 1966 /Public Law 102-0371Allows residents of Illinois and Wisconsin who are involuntarily admitted to inpatient treatment for a mental illness or substance use disorder to receive appropriate care across state lines in private facilities closer to home than facilities available in their home states.
Palliative care program for children:Senate Act 2384/Public Law 102-0655Calls on the Illinois Department of Healthcare and Family Services to develop a pediatric palliative care program where a qualifying child can receive community-based pediatric palliative care from a trained interdisciplinary team and continue to receive treatment for a serious illness under Medicaid.
Reporting of deaths of female patients in hospital:House Act 68 /Public Law 102-0256Requires quarterly reports for hospitals that include 1) female patient deaths and 2) the number of female patients diagnosed with COVID-19 who died in hospital and have at least one known underlying condition that increases the risk of mortality from COVID-19 within the reporting period.
Paramedics in rural areas:House of Representatives Act 2864 /Public Law 102-0450Allows EMS System Medical Directors to authorize Registered Nurses, Physician Assistants, and Registered Nurses for advanced practices to volunteer to perform paramedic work in specific rural areas.
Expectant mothers:House Law 3027 /Public Law 102-0453Allows expectant mothers in their third trimester to use a motor disability sticker or device with adequate documentation for no more than 90 days.
Mental health:House of Representatives Act 576 /Public Law 102-0266Allows excused absences from schools for mental health reasons.
healthcare
Standard drink with children's meals:Senate Act 1846 /Public Law 102-0529Requires restaurants to serve water, milk, milk alternatives, or juice with a child's meal as the standard drink.
Trichomoniasis:House Law 739 /Public Law 102-0185Adds trichomoniasis to the list of conditions for which a diagnosing healthcare professional can give prescription antibiotics to the infected person's sexual partner or partners without having to physically examine the partner or partners.
Human trafficking:House of Representatives Act 588 /Public Law 102-0131Adds public restrooms to the list of locations where certain businesses and entities may post the required Human Trafficking Resource Center notice.
Healthy Illinois Survey:House Law 3504 /Public Law 102-0483Requires the Illinois Department of Health to conduct an annual Healthy Illinois Survey to measure public health and health equity and make the results available to cities, communities, local health departments, hospitals and the public.
Donate Prescription Drugs:House Act 119 /Public Law 102-0389Establishes the Illinois Prescription Drug Repository Program, under which any person may donate a prescription drug or the materials needed to administer a prescription drug for use by a person who meets the eligibility criteria. The new law establishes requirements that prescription drugs or supplies must meet in order to be accepted and dispensed under the program.
Plate
E-cigarettes:Senate Act 512/Public Law 102-0575Creates the Young People's Vaping Prevention Act and imposes additional restrictions and regulations on e-cigarettes.
Tobacco Enforcement Program:Senate Act 555/Public Law 102-0576Extends the current tobacco enforcement program to tobacco and e-cigarette retailers.
If you have any questions, please contact the ISMS Health Policy Research and Advocacy teamby email.