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New Law Highlights

Highlights of New Laws Related to Medicine that Took Effect January 1

Illinois kicked off 2022 with more than 250 new laws! ISMS has compiled some of the notable health-related bills that took effect January 1.

In addition, while these two laws below took effect in 2021, they are very important to your practice and, therefore, have also been included:

  • Telehealth – House Bill 3308 / Public Act 102-0104 – Requires state regulated private health insurers to cover telehealth visits and reimburse health care professionals at the same level they would if the treating health care professional saw the patient in person.
  • Mental Health-Medical Necessity – House Bill 2595 / Public Act 102-0579 corrects current inequities in how health plans cover mental health care by establishing clear definitions and standards for when services and treatment qualify as medically necessary.

New laws for 2022

Health insurance

Prior Authorization: House Bill 711 / Public Act 102-0409 This new law, which was ISMS’ top legislative priority in 2021, is designed to address bureaucratic delays caused by prior authorization requirements. The legislation had unanimous bipartisan support in the Illinois General Assembly during the spring legislative session. Learn more with ISMS’ Issue Brief, The Prior Authorization Reform Act: A BIG Win for Illinois.

Cancer Testing: House Bill 2109 / Public Act 102-0589 Requires state-regulated health insurance plans to cover comprehensive testing for cancer and cancer predisposition.

Children with Autism: Senate Bill 1592 / Public Act 102-0322 Prohibits an insurer from denying or refusing to provide otherwise covered services for children with autism based on the location where services are provided.

Biomarker Testing: House Bill 1779 / Public Act 102-0203 Expands coverage for biomarker testing by state-regulated public and private insurance plans.

Mental Health and Substance Use Disorders: Senate Bill 471 / Public Act 102-0144 Requires state-regulated insurance plans to ensure that those insured have timely access to treatment for mental, emotional, nervous or substance use disorders or conditions.

A1C and Vitamin D Testing: Senate Bill 1854 / Public Act 102-0530 Requires state-regulated health insurance plans to cover A1C and Vitamin D testing recommended by a healthcare provider for prediabetes and diabetes.

Recoupments and Offsets: Senate Bill 1974 / Public Act 102-0632 Prevents recoupments or payment offsets from health professionals 12 months or more after the original payment is made, except under limited circumstances; previously, recoupments and offsets were allowed until 18 months after the original payment was made.

Obligation to Provide Health Insurance for a Child: Senate Bill 258 / Public Act 102-0087 Prevents employers from removing children from an insurance’s health insurance coverage. The new law defines an “insurance obligor” as an individual who has an obligation to provide health insurance for a child, typically as a result of court-ordered child support.

Birth Control: House Bill 135 / Public Act 102-0103 Allows pharmacists to dispense birth control pills under a standing order issued by a physician, or a medical director of a county health department.

Opioids

Opioid Antagonists: House Bill 2589 / Public Act 102-0598 Expands the use and reimbursement of dispensing opioid antagonists to prevent overdose deaths and improves treatment services for substance use disorders.

Regulatory

Mandated Reporter and Implicit Bias Training: House Bill 3100 / Public Act 102-0604 Requires that the initial mandated reporter training required for mandated reporters of child abuse or neglect include a section on implicit bias training.

Evaluating Intellectual Disability: House Bill 55 / Public Act 102-0109 Allows clinical psychologists, in addition to physicians, to assess whether an individual has an intellectual disability which may affect their need for a guardian.

Life-Sustaining Treatment: Senate Bill 109 / Public Act 102-0140 Modifies the requirements regarding certification of a patient as non-decisional and having a qualifying condition in the case of providing life-sustaining treatment. These certifications must be made by the attending physician and one other individual who has personally examined the patient; previously the other certifying individual was required to be a physician, but under this new law an advanced practice registered nurse, a physician assistant, or a resident physician with at least one year of training in Illinois can serve in this role.

Disciplinary Action: Senate Bill 1790 / Public Act 102-0229 Requires the Illinois Department of Financial and Professional Regulation (IDFPR) to publish on its website the process for requesting a rehearing on disciplinary action and the process for restoring a medical license after successful completion of a term of probation, suspension or revocation.

Criminal Convictions: House Bill 14 / Public Act 102-0105 Provides that if IDFPR denies an application for a license, certification or grant registration because of a past criminal conviction, the Department must explain how the conviction directly relates to and would prevent the applicant from effectively engaging in the position sought.

Signing Death Certificates: House Bill 214 / Public Act 102-0257 Allows advanced practice registered nurses with full practice authority to sign death certificates as “certifying healthcare professionals’ provided they treated or managed care for the patient within 12 months of the patient’s death. Allows physicians to delegate the signing authority to APRNS with whom they have collaborative agreements if they show choose.

Medical Records: House Bill 714 / Public Act 102-0183 Requires healthcare facilities and practitioners to provide free copies of medical records to patients to support a claim for benefits, and allows records to be provided to the legally authorized representative of a patient.

Facilities Closer to Patient’s Home: Senate Bill 1966 / Public Act 102-0371 Permits Illinois and Wisconsin residents who are subject to involuntary admission to inpatient mental health or substance use disorder treatment to obtain appropriate treatment across state lines in private facilities that are closer to their homes than facilities available in their home states.

Pediatric Palliative Care Program: Senate Bill 2384 / Public Act 102-0655 Requires the Illinois Department of Healthcare and Family Services to develop a pediatric palliative care program under which a qualifying child may receive community-based pediatric palliative care from a trained interdisciplinary team and may also continue to pursue treatments for a serious illness under Medicaid.

Reporting Hospital Deaths of Female Patients: House Bill 68 / Public Act 102-0256 Requires quarterly reports for hospitals to include 1.) deaths of female patients and 2.) the number of female patients diagnosed with COVID-19 with at least one known underlying condition that increases the risk of mortality from COVID-19 who died at the hospital within the reporting period.

EMTs in Rural Areas: House Bill 2864 / Public Act 102-0450 Permits EMS System Medical Directors to allow registered nurses, physician assistants and advance practice registered nurses to serve as volunteers who perform the work of EMTs in specified rural areas.

Expectant Mothers: House Bill 3027 / Public Act 102-0453 Allows expectant mothers during the third trimester to use a disabilities motor decal or device for no more than 90 days with adequate documentation.

Mental Health: House Bill 576 / Public Act 102-0266 Allows excused mental health absences in schools.

Public health

Default Beverage with a Child’s Meal: Senate Bill 1846 / Public Act 102-0529 Requires restaurants to serve water, milk, milk alternative or juice with a children’s meal as the default beverage.

Trichomoniasis: House Bill 739 / Public Act 102-0185 Adds trichomoniasis to the list of conditions for which healthcare professionals making a diagnosis can provide prescription antibiotic drugs to the infected person’s sexual partner or partners without physical examination of the partner or partners.

Human Trafficking: House Bill 588 / Public Act 102-0131 Adds public restrooms to the list of locations where certain businesses and establishments may post the required Human Trafficking Resource Center related notice.

Healthy Illinois Survey: House Bill 3504 / Public Act 102-0483 Requires the Illinois Department of Public Health to administer an annual Healthy Illinois Survey to measure public health and health equity, and to make the results available to cities, communities, local health departments, hospitals and the public.

Donating Prescription Drugs: House Bill 119 / Public Act 102-0389 Creates the Illinois Prescription Drug Repository Program, under which any person may donate a prescription drug or supplies needed to administer a prescription drug for use by an individual who meets eligibility criteria. The new law sets forth requirements that prescription drugs or supplies must meet in order to be accepted and dispensed under the program.

Tobacco

E-Cigarettes: Senate Bill 512 / Public Act 102-0575 Creates the Preventing Youth Vaping Act and places additional restrictions and regulations on e-cigarettes.

Tobacco Enforcement Program: Senate Bill 555 / Public Act 102-0576 Expands the current Tobacco Enforcement Program to tobacco and vape retailers.

If you have questions, please contact the ISMS Health Policy Research and Advocacy team by email.