Bill Text: IL HB0340 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the State Employees Group Insurance Act of 1971, the Illinois Public Aid Code, the Problem Pregnancy Health Services and Care Act, and the Illinois Abortion Law of 1975. Restores the provisions that were amended by Public Act 100-538 to the form in which they existed before their amendment by Public Act 100-538.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB0340 Detail]

Download: Illinois-2019-HB0340-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0340

Introduced , by Rep. Patrick Windhorst

SYNOPSIS AS INTRODUCED:
5 ILCS 375/6 from Ch. 127, par. 526
5 ILCS 375/6.1 from Ch. 127, par. 526.1
305 ILCS 5/5-5 from Ch. 23, par. 5-5
305 ILCS 5/5-8 from Ch. 23, par. 5-8
305 ILCS 5/5-9 from Ch. 23, par. 5-9
305 ILCS 5/6-1 from Ch. 23, par. 6-1
410 ILCS 230/4-100 from Ch. 111 1/2, par. 4604-100
720 ILCS 510/1 from Ch. 38, par. 81-21

Amends the State Employees Group Insurance Act of 1971, the Illinois Public Aid Code, the Problem Pregnancy Health Services and Care Act, and the Illinois Abortion Law of 1975. Restores the provisions that were amended by Public Act 100-538 to the form in which they existed before their amendment by Public Act 100-538.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning abortion.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The State Employees Group Insurance Act of 1971
5is amended by changing Sections 6 and 6.1 as follows:
6 (5 ILCS 375/6) (from Ch. 127, par. 526)
7 Sec. 6. Program of health benefits.
8 (a) The program of health benefits shall provide for
9protection against the financial costs of health care expenses
10incurred in and out of hospital including basic
11hospital-surgical-medical coverages. The program may include,
12but shall not be limited to, such supplemental coverages as
13out-patient diagnostic X-ray and laboratory expenses,
14prescription drugs, dental services, hearing evaluations,
15hearing aids, the dispensing and fitting of hearing aids, and
16similar group benefits as are now or may become available.
17However, nothing in this Act shall be construed to permit the
18non-contributory portion of any such program to include the
19expenses of obtaining an abortion, induced miscarriage or
20induced premature birth unless, in the opinion of a physician,
21such procedures are necessary for the preservation of the life
22of the woman seeking such treatment, or except an induced
23premature birth intended to produce a live viable child and

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1such procedure is necessary for the health of the mother or the
2unborn child. The program may also include coverage for those
3who rely on treatment by prayer or spiritual means alone for
4healing in accordance with the tenets and practice of a
5recognized religious denomination.
6 The program of health benefits shall be designed by the
7Director (1) to provide a reasonable relationship between the
8benefits to be included and the expected distribution of
9expenses of each such type to be incurred by the covered
10members and dependents, (2) to specify, as covered benefits and
11as optional benefits, the medical services of practitioners in
12all categories licensed under the Medical Practice Act of 1987,
13(3) to include reasonable controls, which may include
14deductible and co-insurance provisions, applicable to some or
15all of the benefits, or a coordination of benefits provision,
16to prevent or minimize unnecessary utilization of the various
17hospital, surgical and medical expenses to be provided and to
18provide reasonable assurance of stability of the program, and
19(4) to provide benefits to the extent possible to members
20throughout the State, wherever located, on an equitable basis.
21Notwithstanding any other provision of this Section or Act, for
22all members or dependents who are eligible for benefits under
23Social Security or the Railroad Retirement system or who had
24sufficient Medicare-covered government employment, the
25Department shall reduce benefits which would otherwise be paid
26by Medicare, by the amount of benefits for which the member or

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1dependents are eligible under Medicare, except that such
2reduction in benefits shall apply only to those members or
3dependents who (1) first become eligible for such medicare
4coverage on or after the effective date of this amendatory Act
5of 1992; or (2) are Medicare-eligible members or dependents of
6a local government unit which began participation in the
7program on or after July 1, 1992; or (3) remain eligible for
8but no longer receive Medicare coverage which they had been
9receiving on or after the effective date of this amendatory Act
10of 1992.
11 Notwithstanding any other provisions of this Act, where a
12covered member or dependents are eligible for benefits under
13the federal Medicare health insurance program (Title XVIII of
14the Social Security Act as added by Public Law 89-97, 89th
15Congress), benefits paid under the State of Illinois program or
16plan will be reduced by the amount of benefits paid by
17Medicare. For members or dependents who are eligible for
18benefits under Social Security or the Railroad Retirement
19system or who had sufficient Medicare-covered government
20employment, benefits shall be reduced by the amount for which
21the member or dependent is eligible under Medicare, except that
22such reduction in benefits shall apply only to those members or
23dependents who (1) first become eligible for such Medicare
24coverage on or after the effective date of this amendatory Act
25of 1992; or (2) are Medicare-eligible members or dependents of
26a local government unit which began participation in the

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1program on or after July 1, 1992; or (3) remain eligible for,
2but no longer receive Medicare coverage which they had been
3receiving on or after the effective date of this amendatory Act
4of 1992. Premiums may be adjusted, where applicable, to an
5amount deemed by the Director to be reasonably consistent with
6any reduction of benefits.
7 (b) A member, not otherwise covered by this Act, who has
8retired as a participating member under Article 2 of the
9Illinois Pension Code but is ineligible for the retirement
10annuity under Section 2-119 of the Illinois Pension Code, shall
11pay the premiums for coverage, not exceeding the amount paid by
12the State for the non-contributory coverage for other members,
13under the group health benefits program under this Act. The
14Director shall determine the premiums to be paid by a member
15under this subsection (b).
16(Source: P.A. 100-538, eff. 1-1-18.)
17 (5 ILCS 375/6.1) (from Ch. 127, par. 526.1)
18 Sec. 6.1. The program of health benefits may offer as an
19alternative, available on an optional basis, coverage through
20health maintenance organizations. That part of the premium for
21such coverage which is in excess of the amount which would
22otherwise be paid by the State for the program of health
23benefits shall be paid by the member who elects such
24alternative coverage and shall be collected as provided for
25premiums for other optional coverages.

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1 However, nothing in this Act shall be construed to permit
2the noncontributory portion of any such program to include the
3expenses of obtaining an abortion, induced miscarriage or
4induced premature birth unless, in the opinion of a physician,
5such procedures are necessary for the preservation of the life
6of the woman seeking such treatment, or except an induced
7premature birth intended to produce a live viable child and
8such procedure is necessary for the health of the mother or her
9unborn child.
10(Source: P.A. 100-538, eff. 1-1-18.)
11 Section 10. The Illinois Public Aid Code is amended by
12changing Sections 5-5, 5-8, 5-9, and 6-1 as follows:
13 (305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
14 Sec. 5-5. Medical services. The Illinois Department, by
15rule, shall determine the quantity and quality of and the rate
16of reimbursement for the medical assistance for which payment
17will be authorized, and the medical services to be provided,
18which may include all or part of the following: (1) inpatient
19hospital services; (2) outpatient hospital services; (3) other
20laboratory and X-ray services; (4) skilled nursing home
21services; (5) physicians' services whether furnished in the
22office, the patient's home, a hospital, a skilled nursing home,
23or elsewhere; (6) medical care, or any other type of remedial
24care furnished by licensed practitioners; (7) home health care

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1services; (8) private duty nursing service; (9) clinic
2services; (10) dental services, including prevention and
3treatment of periodontal disease and dental caries disease for
4pregnant women, provided by an individual licensed to practice
5dentistry or dental surgery; for purposes of this item (10),
6"dental services" means diagnostic, preventive, or corrective
7procedures provided by or under the supervision of a dentist in
8the practice of his or her profession; (11) physical therapy
9and related services; (12) prescribed drugs, dentures, and
10prosthetic devices; and eyeglasses prescribed by a physician
11skilled in the diseases of the eye, or by an optometrist,
12whichever the person may select; (13) other diagnostic,
13screening, preventive, and rehabilitative services, including
14to ensure that the individual's need for intervention or
15treatment of mental disorders or substance use disorders or
16co-occurring mental health and substance use disorders is
17determined using a uniform screening, assessment, and
18evaluation process inclusive of criteria, for children and
19adults; for purposes of this item (13), a uniform screening,
20assessment, and evaluation process refers to a process that
21includes an appropriate evaluation and, as warranted, a
22referral; "uniform" does not mean the use of a singular
23instrument, tool, or process that all must utilize; (14)
24transportation and such other expenses as may be necessary;
25(15) medical treatment of sexual assault survivors, as defined
26in Section 1a of the Sexual Assault Survivors Emergency

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1Treatment Act, for injuries sustained as a result of the sexual
2assault, including examinations and laboratory tests to
3discover evidence which may be used in criminal proceedings
4arising from the sexual assault; (16) the diagnosis and
5treatment of sickle cell anemia; and (17) any other medical
6care, and any other type of remedial care recognized under the
7laws of this State, but not including abortions, or induced
8miscarriages or premature births, unless, in the opinion of a
9physician, such procedures are necessary for the preservation
10of the life of the woman seeking such treatment, or except an
11induced premature birth intended to produce a live viable child
12and such procedure is necessary for the health of the mother or
13her unborn child. The Illinois Department, by rule, shall
14prohibit any physician from providing medical assistance to
15anyone eligible therefor under this Code where such physician
16has been found guilty of performing an abortion procedure in a
17wilful and wanton manner upon a woman who was not pregnant at
18the time such abortion procedure was performed. The term "any
19other type of remedial care" shall include nursing care and
20nursing home service for persons who rely on treatment by
21spiritual means alone through prayer for healing.
22 Notwithstanding any other provision of this Section, a
23comprehensive tobacco use cessation program that includes
24purchasing prescription drugs or prescription medical devices
25approved by the Food and Drug Administration shall be covered
26under the medical assistance program under this Article for

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1persons who are otherwise eligible for assistance under this
2Article.
3 Notwithstanding any other provision of this Code,
4reproductive health care that is otherwise legal in Illinois
5shall be covered under the medical assistance program for
6persons who are otherwise eligible for medical assistance under
7this Article.
8 Notwithstanding any other provision of this Code, the
9Illinois Department may not require, as a condition of payment
10for any laboratory test authorized under this Article, that a
11physician's handwritten signature appear on the laboratory
12test order form. The Illinois Department may, however, impose
13other appropriate requirements regarding laboratory test order
14documentation.
15 Upon receipt of federal approval of an amendment to the
16Illinois Title XIX State Plan for this purpose, the Department
17shall authorize the Chicago Public Schools (CPS) to procure a
18vendor or vendors to manufacture eyeglasses for individuals
19enrolled in a school within the CPS system. CPS shall ensure
20that its vendor or vendors are enrolled as providers in the
21medical assistance program and in any capitated Medicaid
22managed care entity (MCE) serving individuals enrolled in a
23school within the CPS system. Under any contract procured under
24this provision, the vendor or vendors must serve only
25individuals enrolled in a school within the CPS system. Claims
26for services provided by CPS's vendor or vendors to recipients

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1of benefits in the medical assistance program under this Code,
2the Children's Health Insurance Program, or the Covering ALL
3KIDS Health Insurance Program shall be submitted to the
4Department or the MCE in which the individual is enrolled for
5payment and shall be reimbursed at the Department's or the
6MCE's established rates or rate methodologies for eyeglasses.
7 On and after July 1, 2012, the Department of Healthcare and
8Family Services may provide the following services to persons
9eligible for assistance under this Article who are
10participating in education, training or employment programs
11operated by the Department of Human Services as successor to
12the Department of Public Aid:
13 (1) dental services provided by or under the
14 supervision of a dentist; and
15 (2) eyeglasses prescribed by a physician skilled in the
16 diseases of the eye, or by an optometrist, whichever the
17 person may select.
18 On and after July 1, 2018, the Department of Healthcare and
19Family Services shall provide dental services to any adult who
20is otherwise eligible for assistance under the medical
21assistance program. As used in this paragraph, "dental
22services" means diagnostic, preventative, restorative, or
23corrective procedures, including procedures and services for
24the prevention and treatment of periodontal disease and dental
25caries disease, provided by an individual who is licensed to
26practice dentistry or dental surgery or who is under the

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1supervision of a dentist in the practice of his or her
2profession.
3 On and after July 1, 2018, targeted dental services, as set
4forth in Exhibit D of the Consent Decree entered by the United
5States District Court for the Northern District of Illinois,
6Eastern Division, in the matter of Memisovski v. Maram, Case
7No. 92 C 1982, that are provided to adults under the medical
8assistance program shall be established at no less than the
9rates set forth in the "New Rate" column in Exhibit D of the
10Consent Decree for targeted dental services that are provided
11to persons under the age of 18 under the medical assistance
12program.
13 Notwithstanding any other provision of this Code and
14subject to federal approval, the Department may adopt rules to
15allow a dentist who is volunteering his or her service at no
16cost to render dental services through an enrolled
17not-for-profit health clinic without the dentist personally
18enrolling as a participating provider in the medical assistance
19program. A not-for-profit health clinic shall include a public
20health clinic or Federally Qualified Health Center or other
21enrolled provider, as determined by the Department, through
22which dental services covered under this Section are performed.
23The Department shall establish a process for payment of claims
24for reimbursement for covered dental services rendered under
25this provision.
26 The Illinois Department, by rule, may distinguish and

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1classify the medical services to be provided only in accordance
2with the classes of persons designated in Section 5-2.
3 The Department of Healthcare and Family Services must
4provide coverage and reimbursement for amino acid-based
5elemental formulas, regardless of delivery method, for the
6diagnosis and treatment of (i) eosinophilic disorders and (ii)
7short bowel syndrome when the prescribing physician has issued
8a written order stating that the amino acid-based elemental
9formula is medically necessary.
10 The Illinois Department shall authorize the provision of,
11and shall authorize payment for, screening by low-dose
12mammography for the presence of occult breast cancer for women
1335 years of age or older who are eligible for medical
14assistance under this Article, as follows:
15 (A) A baseline mammogram for women 35 to 39 years of
16 age.
17 (B) An annual mammogram for women 40 years of age or
18 older.
19 (C) A mammogram at the age and intervals considered
20 medically necessary by the woman's health care provider for
21 women under 40 years of age and having a family history of
22 breast cancer, prior personal history of breast cancer,
23 positive genetic testing, or other risk factors.
24 (D) A comprehensive ultrasound screening and MRI of an
25 entire breast or breasts if a mammogram demonstrates
26 heterogeneous or dense breast tissue, when medically

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1 necessary as determined by a physician licensed to practice
2 medicine in all of its branches.
3 (E) A screening MRI when medically necessary, as
4 determined by a physician licensed to practice medicine in
5 all of its branches.
6 All screenings shall include a physical breast exam,
7instruction on self-examination and information regarding the
8frequency of self-examination and its value as a preventative
9tool. For purposes of this Section, "low-dose mammography"
10means the x-ray examination of the breast using equipment
11dedicated specifically for mammography, including the x-ray
12tube, filter, compression device, and image receptor, with an
13average radiation exposure delivery of less than one rad per
14breast for 2 views of an average size breast. The term also
15includes digital mammography and includes breast
16tomosynthesis. As used in this Section, the term "breast
17tomosynthesis" means a radiologic procedure that involves the
18acquisition of projection images over the stationary breast to
19produce cross-sectional digital three-dimensional images of
20the breast. If, at any time, the Secretary of the United States
21Department of Health and Human Services, or its successor
22agency, promulgates rules or regulations to be published in the
23Federal Register or publishes a comment in the Federal Register
24or issues an opinion, guidance, or other action that would
25require the State, pursuant to any provision of the Patient
26Protection and Affordable Care Act (Public Law 111-148),

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1including, but not limited to, 42 U.S.C. 18031(d)(3)(B) or any
2successor provision, to defray the cost of any coverage for
3breast tomosynthesis outlined in this paragraph, then the
4requirement that an insurer cover breast tomosynthesis is
5inoperative other than any such coverage authorized under
6Section 1902 of the Social Security Act, 42 U.S.C. 1396a, and
7the State shall not assume any obligation for the cost of
8coverage for breast tomosynthesis set forth in this paragraph.
9 On and after January 1, 2016, the Department shall ensure
10that all networks of care for adult clients of the Department
11include access to at least one breast imaging Center of Imaging
12Excellence as certified by the American College of Radiology.
13 On and after January 1, 2012, providers participating in a
14quality improvement program approved by the Department shall be
15reimbursed for screening and diagnostic mammography at the same
16rate as the Medicare program's rates, including the increased
17reimbursement for digital mammography.
18 The Department shall convene an expert panel including
19representatives of hospitals, free-standing mammography
20facilities, and doctors, including radiologists, to establish
21quality standards for mammography.
22 On and after January 1, 2017, providers participating in a
23breast cancer treatment quality improvement program approved
24by the Department shall be reimbursed for breast cancer
25treatment at a rate that is no lower than 95% of the Medicare
26program's rates for the data elements included in the breast

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1cancer treatment quality program.
2 The Department shall convene an expert panel, including
3representatives of hospitals, free-standing breast cancer
4treatment centers, breast cancer quality organizations, and
5doctors, including breast surgeons, reconstructive breast
6surgeons, oncologists, and primary care providers to establish
7quality standards for breast cancer treatment.
8 Subject to federal approval, the Department shall
9establish a rate methodology for mammography at federally
10qualified health centers and other encounter-rate clinics.
11These clinics or centers may also collaborate with other
12hospital-based mammography facilities. By January 1, 2016, the
13Department shall report to the General Assembly on the status
14of the provision set forth in this paragraph.
15 The Department shall establish a methodology to remind
16women who are age-appropriate for screening mammography, but
17who have not received a mammogram within the previous 18
18months, of the importance and benefit of screening mammography.
19The Department shall work with experts in breast cancer
20outreach and patient navigation to optimize these reminders and
21shall establish a methodology for evaluating their
22effectiveness and modifying the methodology based on the
23evaluation.
24 The Department shall establish a performance goal for
25primary care providers with respect to their female patients
26over age 40 receiving an annual mammogram. This performance

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1goal shall be used to provide additional reimbursement in the
2form of a quality performance bonus to primary care providers
3who meet that goal.
4 The Department shall devise a means of case-managing or
5patient navigation for beneficiaries diagnosed with breast
6cancer. This program shall initially operate as a pilot program
7in areas of the State with the highest incidence of mortality
8related to breast cancer. At least one pilot program site shall
9be in the metropolitan Chicago area and at least one site shall
10be outside the metropolitan Chicago area. On or after July 1,
112016, the pilot program shall be expanded to include one site
12in western Illinois, one site in southern Illinois, one site in
13central Illinois, and 4 sites within metropolitan Chicago. An
14evaluation of the pilot program shall be carried out measuring
15health outcomes and cost of care for those served by the pilot
16program compared to similarly situated patients who are not
17served by the pilot program.
18 The Department shall require all networks of care to
19develop a means either internally or by contract with experts
20in navigation and community outreach to navigate cancer
21patients to comprehensive care in a timely fashion. The
22Department shall require all networks of care to include access
23for patients diagnosed with cancer to at least one academic
24commission on cancer-accredited cancer program as an
25in-network covered benefit.
26 Any medical or health care provider shall immediately

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1recommend, to any pregnant woman who is being provided prenatal
2services and is suspected of having a substance use disorder as
3defined in the Substance Use Disorder Act, referral to a local
4substance use disorder treatment program licensed by the
5Department of Human Services or to a licensed hospital which
6provides substance abuse treatment services. The Department of
7Healthcare and Family Services shall assure coverage for the
8cost of treatment of the drug abuse or addiction for pregnant
9recipients in accordance with the Illinois Medicaid Program in
10conjunction with the Department of Human Services.
11 All medical providers providing medical assistance to
12pregnant women under this Code shall receive information from
13the Department on the availability of services under any
14program providing case management services for addicted women,
15including information on appropriate referrals for other
16social services that may be needed by addicted women in
17addition to treatment for addiction.
18 The Illinois Department, in cooperation with the
19Departments of Human Services (as successor to the Department
20of Alcoholism and Substance Abuse) and Public Health, through a
21public awareness campaign, may provide information concerning
22treatment for alcoholism and drug abuse and addiction, prenatal
23health care, and other pertinent programs directed at reducing
24the number of drug-affected infants born to recipients of
25medical assistance.
26 Neither the Department of Healthcare and Family Services

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1nor the Department of Human Services shall sanction the
2recipient solely on the basis of her substance abuse.
3 The Illinois Department shall establish such regulations
4governing the dispensing of health services under this Article
5as it shall deem appropriate. The Department should seek the
6advice of formal professional advisory committees appointed by
7the Director of the Illinois Department for the purpose of
8providing regular advice on policy and administrative matters,
9information dissemination and educational activities for
10medical and health care providers, and consistency in
11procedures to the Illinois Department.
12 The Illinois Department may develop and contract with
13Partnerships of medical providers to arrange medical services
14for persons eligible under Section 5-2 of this Code.
15Implementation of this Section may be by demonstration projects
16in certain geographic areas. The Partnership shall be
17represented by a sponsor organization. The Department, by rule,
18shall develop qualifications for sponsors of Partnerships.
19Nothing in this Section shall be construed to require that the
20sponsor organization be a medical organization.
21 The sponsor must negotiate formal written contracts with
22medical providers for physician services, inpatient and
23outpatient hospital care, home health services, treatment for
24alcoholism and substance abuse, and other services determined
25necessary by the Illinois Department by rule for delivery by
26Partnerships. Physician services must include prenatal and

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1obstetrical care. The Illinois Department shall reimburse
2medical services delivered by Partnership providers to clients
3in target areas according to provisions of this Article and the
4Illinois Health Finance Reform Act, except that:
5 (1) Physicians participating in a Partnership and
6 providing certain services, which shall be determined by
7 the Illinois Department, to persons in areas covered by the
8 Partnership may receive an additional surcharge for such
9 services.
10 (2) The Department may elect to consider and negotiate
11 financial incentives to encourage the development of
12 Partnerships and the efficient delivery of medical care.
13 (3) Persons receiving medical services through
14 Partnerships may receive medical and case management
15 services above the level usually offered through the
16 medical assistance program.
17 Medical providers shall be required to meet certain
18qualifications to participate in Partnerships to ensure the
19delivery of high quality medical services. These
20qualifications shall be determined by rule of the Illinois
21Department and may be higher than qualifications for
22participation in the medical assistance program. Partnership
23sponsors may prescribe reasonable additional qualifications
24for participation by medical providers, only with the prior
25written approval of the Illinois Department.
26 Nothing in this Section shall limit the free choice of

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1practitioners, hospitals, and other providers of medical
2services by clients. In order to ensure patient freedom of
3choice, the Illinois Department shall immediately promulgate
4all rules and take all other necessary actions so that provided
5services may be accessed from therapeutically certified
6optometrists to the full extent of the Illinois Optometric
7Practice Act of 1987 without discriminating between service
8providers.
9 The Department shall apply for a waiver from the United
10States Health Care Financing Administration to allow for the
11implementation of Partnerships under this Section.
12 The Illinois Department shall require health care
13providers to maintain records that document the medical care
14and services provided to recipients of Medical Assistance under
15this Article. Such records must be retained for a period of not
16less than 6 years from the date of service or as provided by
17applicable State law, whichever period is longer, except that
18if an audit is initiated within the required retention period
19then the records must be retained until the audit is completed
20and every exception is resolved. The Illinois Department shall
21require health care providers to make available, when
22authorized by the patient, in writing, the medical records in a
23timely fashion to other health care providers who are treating
24or serving persons eligible for Medical Assistance under this
25Article. All dispensers of medical services shall be required
26to maintain and retain business and professional records

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1sufficient to fully and accurately document the nature, scope,
2details and receipt of the health care provided to persons
3eligible for medical assistance under this Code, in accordance
4with regulations promulgated by the Illinois Department. The
5rules and regulations shall require that proof of the receipt
6of prescription drugs, dentures, prosthetic devices and
7eyeglasses by eligible persons under this Section accompany
8each claim for reimbursement submitted by the dispenser of such
9medical services. No such claims for reimbursement shall be
10approved for payment by the Illinois Department without such
11proof of receipt, unless the Illinois Department shall have put
12into effect and shall be operating a system of post-payment
13audit and review which shall, on a sampling basis, be deemed
14adequate by the Illinois Department to assure that such drugs,
15dentures, prosthetic devices and eyeglasses for which payment
16is being made are actually being received by eligible
17recipients. Within 90 days after September 16, 1984 (the
18effective date of Public Act 83-1439), the Illinois Department
19shall establish a current list of acquisition costs for all
20prosthetic devices and any other items recognized as medical
21equipment and supplies reimbursable under this Article and
22shall update such list on a quarterly basis, except that the
23acquisition costs of all prescription drugs shall be updated no
24less frequently than every 30 days as required by Section
255-5.12.
26 The rules and regulations of the Illinois Department shall

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1require that a written statement including the required opinion
2of a physician shall accompany any claim for reimbursement for
3abortions, or induced miscarriages or premature births. This
4statement shall indicate what procedures were used in providing
5such medical services.
6 Notwithstanding any other law to the contrary, the Illinois
7Department shall, within 365 days after July 22, 2013 (the
8effective date of Public Act 98-104), establish procedures to
9permit skilled care facilities licensed under the Nursing Home
10Care Act to submit monthly billing claims for reimbursement
11purposes. Following development of these procedures, the
12Department shall, by July 1, 2016, test the viability of the
13new system and implement any necessary operational or
14structural changes to its information technology platforms in
15order to allow for the direct acceptance and payment of nursing
16home claims.
17 Notwithstanding any other law to the contrary, the Illinois
18Department shall, within 365 days after August 15, 2014 (the
19effective date of Public Act 98-963), establish procedures to
20permit ID/DD facilities licensed under the ID/DD Community Care
21Act and MC/DD facilities licensed under the MC/DD Act to submit
22monthly billing claims for reimbursement purposes. Following
23development of these procedures, the Department shall have an
24additional 365 days to test the viability of the new system and
25to ensure that any necessary operational or structural changes
26to its information technology platforms are implemented.

HB0340- 22 -LRB101 05014 KTG 50023 b
1 The Illinois Department shall require all dispensers of
2medical services, other than an individual practitioner or
3group of practitioners, desiring to participate in the Medical
4Assistance program established under this Article to disclose
5all financial, beneficial, ownership, equity, surety or other
6interests in any and all firms, corporations, partnerships,
7associations, business enterprises, joint ventures, agencies,
8institutions or other legal entities providing any form of
9health care services in this State under this Article.
10 The Illinois Department may require that all dispensers of
11medical services desiring to participate in the medical
12assistance program established under this Article disclose,
13under such terms and conditions as the Illinois Department may
14by rule establish, all inquiries from clients and attorneys
15regarding medical bills paid by the Illinois Department, which
16inquiries could indicate potential existence of claims or liens
17for the Illinois Department.
18 Enrollment of a vendor shall be subject to a provisional
19period and shall be conditional for one year. During the period
20of conditional enrollment, the Department may terminate the
21vendor's eligibility to participate in, or may disenroll the
22vendor from, the medical assistance program without cause.
23Unless otherwise specified, such termination of eligibility or
24disenrollment is not subject to the Department's hearing
25process. However, a disenrolled vendor may reapply without
26penalty.

HB0340- 23 -LRB101 05014 KTG 50023 b
1 The Department has the discretion to limit the conditional
2enrollment period for vendors based upon category of risk of
3the vendor.
4 Prior to enrollment and during the conditional enrollment
5period in the medical assistance program, all vendors shall be
6subject to enhanced oversight, screening, and review based on
7the risk of fraud, waste, and abuse that is posed by the
8category of risk of the vendor. The Illinois Department shall
9establish the procedures for oversight, screening, and review,
10which may include, but need not be limited to: criminal and
11financial background checks; fingerprinting; license,
12certification, and authorization verifications; unscheduled or
13unannounced site visits; database checks; prepayment audit
14reviews; audits; payment caps; payment suspensions; and other
15screening as required by federal or State law.
16 The Department shall define or specify the following: (i)
17by provider notice, the "category of risk of the vendor" for
18each type of vendor, which shall take into account the level of
19screening applicable to a particular category of vendor under
20federal law and regulations; (ii) by rule or provider notice,
21the maximum length of the conditional enrollment period for
22each category of risk of the vendor; and (iii) by rule, the
23hearing rights, if any, afforded to a vendor in each category
24of risk of the vendor that is terminated or disenrolled during
25the conditional enrollment period.
26 To be eligible for payment consideration, a vendor's

HB0340- 24 -LRB101 05014 KTG 50023 b
1payment claim or bill, either as an initial claim or as a
2resubmitted claim following prior rejection, must be received
3by the Illinois Department, or its fiscal intermediary, no
4later than 180 days after the latest date on the claim on which
5medical goods or services were provided, with the following
6exceptions:
7 (1) In the case of a provider whose enrollment is in
8 process by the Illinois Department, the 180-day period
9 shall not begin until the date on the written notice from
10 the Illinois Department that the provider enrollment is
11 complete.
12 (2) In the case of errors attributable to the Illinois
13 Department or any of its claims processing intermediaries
14 which result in an inability to receive, process, or
15 adjudicate a claim, the 180-day period shall not begin
16 until the provider has been notified of the error.
17 (3) In the case of a provider for whom the Illinois
18 Department initiates the monthly billing process.
19 (4) In the case of a provider operated by a unit of
20 local government with a population exceeding 3,000,000
21 when local government funds finance federal participation
22 for claims payments.
23 For claims for services rendered during a period for which
24a recipient received retroactive eligibility, claims must be
25filed within 180 days after the Department determines the
26applicant is eligible. For claims for which the Illinois

HB0340- 25 -LRB101 05014 KTG 50023 b
1Department is not the primary payer, claims must be submitted
2to the Illinois Department within 180 days after the final
3adjudication by the primary payer.
4 In the case of long term care facilities, within 45
5calendar days of receipt by the facility of required
6prescreening information, new admissions with associated
7admission documents shall be submitted through the Medical
8Electronic Data Interchange (MEDI) or the Recipient
9Eligibility Verification (REV) System or shall be submitted
10directly to the Department of Human Services using required
11admission forms. Effective September 1, 2014, admission
12documents, including all prescreening information, must be
13submitted through MEDI or REV. Confirmation numbers assigned to
14an accepted transaction shall be retained by a facility to
15verify timely submittal. Once an admission transaction has been
16completed, all resubmitted claims following prior rejection
17are subject to receipt no later than 180 days after the
18admission transaction has been completed.
19 Claims that are not submitted and received in compliance
20with the foregoing requirements shall not be eligible for
21payment under the medical assistance program, and the State
22shall have no liability for payment of those claims.
23 To the extent consistent with applicable information and
24privacy, security, and disclosure laws, State and federal
25agencies and departments shall provide the Illinois Department
26access to confidential and other information and data necessary

HB0340- 26 -LRB101 05014 KTG 50023 b
1to perform eligibility and payment verifications and other
2Illinois Department functions. This includes, but is not
3limited to: information pertaining to licensure;
4certification; earnings; immigration status; citizenship; wage
5reporting; unearned and earned income; pension income;
6employment; supplemental security income; social security
7numbers; National Provider Identifier (NPI) numbers; the
8National Practitioner Data Bank (NPDB); program and agency
9exclusions; taxpayer identification numbers; tax delinquency;
10corporate information; and death records.
11 The Illinois Department shall enter into agreements with
12State agencies and departments, and is authorized to enter into
13agreements with federal agencies and departments, under which
14such agencies and departments shall share data necessary for
15medical assistance program integrity functions and oversight.
16The Illinois Department shall develop, in cooperation with
17other State departments and agencies, and in compliance with
18applicable federal laws and regulations, appropriate and
19effective methods to share such data. At a minimum, and to the
20extent necessary to provide data sharing, the Illinois
21Department shall enter into agreements with State agencies and
22departments, and is authorized to enter into agreements with
23federal agencies and departments, including but not limited to:
24the Secretary of State; the Department of Revenue; the
25Department of Public Health; the Department of Human Services;
26and the Department of Financial and Professional Regulation.

HB0340- 27 -LRB101 05014 KTG 50023 b
1 Beginning in fiscal year 2013, the Illinois Department
2shall set forth a request for information to identify the
3benefits of a pre-payment, post-adjudication, and post-edit
4claims system with the goals of streamlining claims processing
5and provider reimbursement, reducing the number of pending or
6rejected claims, and helping to ensure a more transparent
7adjudication process through the utilization of: (i) provider
8data verification and provider screening technology; and (ii)
9clinical code editing; and (iii) pre-pay, pre- or
10post-adjudicated predictive modeling with an integrated case
11management system with link analysis. Such a request for
12information shall not be considered as a request for proposal
13or as an obligation on the part of the Illinois Department to
14take any action or acquire any products or services.
15 The Illinois Department shall establish policies,
16procedures, standards and criteria by rule for the acquisition,
17repair and replacement of orthotic and prosthetic devices and
18durable medical equipment. Such rules shall provide, but not be
19limited to, the following services: (1) immediate repair or
20replacement of such devices by recipients; and (2) rental,
21lease, purchase or lease-purchase of durable medical equipment
22in a cost-effective manner, taking into consideration the
23recipient's medical prognosis, the extent of the recipient's
24needs, and the requirements and costs for maintaining such
25equipment. Subject to prior approval, such rules shall enable a
26recipient to temporarily acquire and use alternative or

HB0340- 28 -LRB101 05014 KTG 50023 b
1substitute devices or equipment pending repairs or
2replacements of any device or equipment previously authorized
3for such recipient by the Department. Notwithstanding any
4provision of Section 5-5f to the contrary, the Department may,
5by rule, exempt certain replacement wheelchair parts from prior
6approval and, for wheelchairs, wheelchair parts, wheelchair
7accessories, and related seating and positioning items,
8determine the wholesale price by methods other than actual
9acquisition costs.
10 The Department shall require, by rule, all providers of
11durable medical equipment to be accredited by an accreditation
12organization approved by the federal Centers for Medicare and
13Medicaid Services and recognized by the Department in order to
14bill the Department for providing durable medical equipment to
15recipients. No later than 15 months after the effective date of
16the rule adopted pursuant to this paragraph, all providers must
17meet the accreditation requirement.
18 In order to promote environmental responsibility, meet the
19needs of recipients and enrollees, and achieve significant cost
20savings, the Department, or a managed care organization under
21contract with the Department, may provide recipients or managed
22care enrollees who have a prescription or Certificate of
23Medical Necessity access to refurbished durable medical
24equipment under this Section (excluding prosthetic and
25orthotic devices as defined in the Orthotics, Prosthetics, and
26Pedorthics Practice Act and complex rehabilitation technology

HB0340- 29 -LRB101 05014 KTG 50023 b
1products and associated services) through the State's
2assistive technology program's reutilization program, using
3staff with the Assistive Technology Professional (ATP)
4Certification if the refurbished durable medical equipment:
5(i) is available; (ii) is less expensive, including shipping
6costs, than new durable medical equipment of the same type;
7(iii) is able to withstand at least 3 years of use; (iv) is
8cleaned, disinfected, sterilized, and safe in accordance with
9federal Food and Drug Administration regulations and guidance
10governing the reprocessing of medical devices in health care
11settings; and (v) equally meets the needs of the recipient or
12enrollee. The reutilization program shall confirm that the
13recipient or enrollee is not already in receipt of same or
14similar equipment from another service provider, and that the
15refurbished durable medical equipment equally meets the needs
16of the recipient or enrollee. Nothing in this paragraph shall
17be construed to limit recipient or enrollee choice to obtain
18new durable medical equipment or place any additional prior
19authorization conditions on enrollees of managed care
20organizations.
21 The Department shall execute, relative to the nursing home
22prescreening project, written inter-agency agreements with the
23Department of Human Services and the Department on Aging, to
24effect the following: (i) intake procedures and common
25eligibility criteria for those persons who are receiving
26non-institutional services; and (ii) the establishment and

HB0340- 30 -LRB101 05014 KTG 50023 b
1development of non-institutional services in areas of the State
2where they are not currently available or are undeveloped; and
3(iii) notwithstanding any other provision of law, subject to
4federal approval, on and after July 1, 2012, an increase in the
5determination of need (DON) scores from 29 to 37 for applicants
6for institutional and home and community-based long term care;
7if and only if federal approval is not granted, the Department
8may, in conjunction with other affected agencies, implement
9utilization controls or changes in benefit packages to
10effectuate a similar savings amount for this population; and
11(iv) no later than July 1, 2013, minimum level of care
12eligibility criteria for institutional and home and
13community-based long term care; and (v) no later than October
141, 2013, establish procedures to permit long term care
15providers access to eligibility scores for individuals with an
16admission date who are seeking or receiving services from the
17long term care provider. In order to select the minimum level
18of care eligibility criteria, the Governor shall establish a
19workgroup that includes affected agency representatives and
20stakeholders representing the institutional and home and
21community-based long term care interests. This Section shall
22not restrict the Department from implementing lower level of
23care eligibility criteria for community-based services in
24circumstances where federal approval has been granted.
25 The Illinois Department shall develop and operate, in
26cooperation with other State Departments and agencies and in

HB0340- 31 -LRB101 05014 KTG 50023 b
1compliance with applicable federal laws and regulations,
2appropriate and effective systems of health care evaluation and
3programs for monitoring of utilization of health care services
4and facilities, as it affects persons eligible for medical
5assistance under this Code.
6 The Illinois Department shall report annually to the
7General Assembly, no later than the second Friday in April of
81979 and each year thereafter, in regard to:
9 (a) actual statistics and trends in utilization of
10 medical services by public aid recipients;
11 (b) actual statistics and trends in the provision of
12 the various medical services by medical vendors;
13 (c) current rate structures and proposed changes in
14 those rate structures for the various medical vendors; and
15 (d) efforts at utilization review and control by the
16 Illinois Department.
17 The period covered by each report shall be the 3 years
18ending on the June 30 prior to the report. The report shall
19include suggested legislation for consideration by the General
20Assembly. The requirement for reporting to the General Assembly
21shall be satisfied by filing copies of the report as required
22by Section 3.1 of the General Assembly Organization Act, and
23filing such additional copies with the State Government Report
24Distribution Center for the General Assembly as is required
25under paragraph (t) of Section 7 of the State Library Act.
26 Rulemaking authority to implement Public Act 95-1045, if

HB0340- 32 -LRB101 05014 KTG 50023 b
1any, is conditioned on the rules being adopted in accordance
2with all provisions of the Illinois Administrative Procedure
3Act and all rules and procedures of the Joint Committee on
4Administrative Rules; any purported rule not so adopted, for
5whatever reason, is unauthorized.
6 On and after July 1, 2012, the Department shall reduce any
7rate of reimbursement for services or other payments or alter
8any methodologies authorized by this Code to reduce any rate of
9reimbursement for services or other payments in accordance with
10Section 5-5e.
11 Because kidney transplantation can be an appropriate,
12cost-effective alternative to renal dialysis when medically
13necessary and notwithstanding the provisions of Section 1-11 of
14this Code, beginning October 1, 2014, the Department shall
15cover kidney transplantation for noncitizens with end-stage
16renal disease who are not eligible for comprehensive medical
17benefits, who meet the residency requirements of Section 5-3 of
18this Code, and who would otherwise meet the financial
19requirements of the appropriate class of eligible persons under
20Section 5-2 of this Code. To qualify for coverage of kidney
21transplantation, such person must be receiving emergency renal
22dialysis services covered by the Department. Providers under
23this Section shall be prior approved and certified by the
24Department to perform kidney transplantation and the services
25under this Section shall be limited to services associated with
26kidney transplantation.

HB0340- 33 -LRB101 05014 KTG 50023 b
1 Notwithstanding any other provision of this Code to the
2contrary, on or after July 1, 2015, all FDA approved forms of
3medication assisted treatment prescribed for the treatment of
4alcohol dependence or treatment of opioid dependence shall be
5covered under both fee for service and managed care medical
6assistance programs for persons who are otherwise eligible for
7medical assistance under this Article and shall not be subject
8to any (1) utilization control, other than those established
9under the American Society of Addiction Medicine patient
10placement criteria, (2) prior authorization mandate, or (3)
11lifetime restriction limit mandate.
12 On or after July 1, 2015, opioid antagonists prescribed for
13the treatment of an opioid overdose, including the medication
14product, administration devices, and any pharmacy fees related
15to the dispensing and administration of the opioid antagonist,
16shall be covered under the medical assistance program for
17persons who are otherwise eligible for medical assistance under
18this Article. As used in this Section, "opioid antagonist"
19means a drug that binds to opioid receptors and blocks or
20inhibits the effect of opioids acting on those receptors,
21including, but not limited to, naloxone hydrochloride or any
22other similarly acting drug approved by the U.S. Food and Drug
23Administration.
24 Upon federal approval, the Department shall provide
25coverage and reimbursement for all drugs that are approved for
26marketing by the federal Food and Drug Administration and that

HB0340- 34 -LRB101 05014 KTG 50023 b
1are recommended by the federal Public Health Service or the
2United States Centers for Disease Control and Prevention for
3pre-exposure prophylaxis and related pre-exposure prophylaxis
4services, including, but not limited to, HIV and sexually
5transmitted infection screening, treatment for sexually
6transmitted infections, medical monitoring, assorted labs, and
7counseling to reduce the likelihood of HIV infection among
8individuals who are not infected with HIV but who are at high
9risk of HIV infection.
10 A federally qualified health center, as defined in Section
111905(l)(2)(B) of the federal Social Security Act, shall be
12reimbursed by the Department in accordance with the federally
13qualified health center's encounter rate for services provided
14to medical assistance recipients that are performed by a dental
15hygienist, as defined under the Illinois Dental Practice Act,
16working under the general supervision of a dentist and employed
17by a federally qualified health center.
18 Notwithstanding any other provision of this Code, the
19Illinois Department shall authorize licensed dietitian
20nutritionists and certified diabetes educators to counsel
21senior diabetes patients in the senior diabetes patients' homes
22to remove the hurdle of transportation for senior diabetes
23patients to receive treatment.
24(Source: P.A. 99-78, eff. 7-20-15; 99-180, eff. 7-29-15;
2599-236, eff. 8-3-15; 99-407 (see Section 20 of P.A. 99-588 for
26the effective date of P.A. 99-407); 99-433, eff. 8-21-15;

HB0340- 35 -LRB101 05014 KTG 50023 b
199-480, eff. 9-9-15; 99-588, eff. 7-20-16; 99-642, eff.
27-28-16; 99-772, eff. 1-1-17; 99-895, eff. 1-1-17; 100-201,
3eff. 8-18-17; 100-395, eff. 1-1-18; 100-449, eff. 1-1-18;
4100-538, eff. 1-1-18; 100-587, eff. 6-4-18; 100-759, eff.
51-1-19; 100-863, eff. 8-14-18; 100-974, eff. 8-19-18;
6100-1009, eff. 1-1-19; 100-1018, eff. 1-1-19; 100-1148, eff.
712-10-18.)
8 (305 ILCS 5/5-8) (from Ch. 23, par. 5-8)
9 Sec. 5-8. Practitioners. In supplying medical assistance,
10the Illinois Department may provide for the legally authorized
11services of (i) persons licensed under the Medical Practice Act
12of 1987, as amended, except as hereafter in this Section
13stated, whether under a general or limited license, (ii)
14persons licensed under the Nurse Practice Act as advanced
15practice registered nurses, regardless of whether or not the
16persons have written collaborative agreements, (iii) persons
17licensed or registered under other laws of this State to
18provide dental, medical, pharmaceutical, optometric,
19podiatric, or nursing services, or other remedial care
20recognized under State law, (iv) persons licensed under other
21laws of this State as a clinical social worker, and (v) persons
22licensed under other laws of this State as physician
23assistants. The Department shall adopt rules, no later than 90
24days after January 1, 2017 (the effective date of Public Act
2599-621), for the legally authorized services of persons

HB0340- 36 -LRB101 05014 KTG 50023 b
1licensed under other laws of this State as a clinical social
2worker. The Department may not provide for legally authorized
3services of any physician who has been convicted of having
4performed an abortion procedure in a wilful and wanton manner
5on a woman who was not pregnant at the time such abortion
6procedure was performed. The utilization of the services of
7persons engaged in the treatment or care of the sick, which
8persons are not required to be licensed or registered under the
9laws of this State, is not prohibited by this Section.
10(Source: P.A. 99-173, eff. 7-29-15; 99-621, eff. 1-1-17;
11100-453, eff. 8-25-17; 100-513, eff. 1-1-18; 100-538, eff.
121-1-18; 100-863, eff. 8-14-18.)
13 (305 ILCS 5/5-9) (from Ch. 23, par. 5-9)
14 Sec. 5-9. Choice of medical dispensers. Applicants and
15recipients shall be entitled to free choice of those qualified
16practitioners, hospitals, nursing homes, and other dispensers
17of medical services meeting the requirements and complying with
18the rules and regulations of the Illinois Department. However,
19the Director of Healthcare and Family Services may, after
20providing reasonable notice and opportunity for hearing, deny,
21suspend or terminate any otherwise qualified person, firm,
22corporation, association, agency, institution, or other legal
23entity, from participation as a vendor of goods or services
24under the medical assistance program authorized by this Article
25if the Director finds such vendor of medical services in

HB0340- 37 -LRB101 05014 KTG 50023 b
1violation of this Act or the policy or rules and regulations
2issued pursuant to this Act. Any physician who has been
3convicted of performing an abortion procedure in a wilful and
4wanton manner upon a woman who was not pregnant at the time
5such abortion procedure was performed shall be automatically
6removed from the list of physicians qualified to participate as
7a vendor of medical services under the medical assistance
8program authorized by this Article.
9(Source: P.A. 100-538, eff. 1-1-18.)
10 (305 ILCS 5/6-1) (from Ch. 23, par. 6-1)
11 Sec. 6-1. Eligibility requirements. Financial aid in
12meeting basic maintenance requirements shall be given under
13this Article to or in behalf of persons who meet the
14eligibility conditions of Sections 6-1.1 through 6-1.10. In
15addition, each unit of local government subject to this Article
16shall provide persons receiving financial aid in meeting basic
17maintenance requirements with financial aid for either (a)
18necessary treatment, care, and supplies required because of
19illness or disability, or (b) acute medical treatment, care,
20and supplies only. If a local governmental unit elects to
21provide financial aid for acute medical treatment, care, and
22supplies only, the general types of acute medical treatment,
23care, and supplies for which financial aid is provided shall be
24specified in the general assistance rules of the local
25governmental unit, which rules shall provide that financial aid

HB0340- 38 -LRB101 05014 KTG 50023 b
1is provided, at a minimum, for acute medical treatment, care,
2or supplies necessitated by a medical condition for which prior
3approval or authorization of medical treatment, care, or
4supplies is not required by the general assistance rules of the
5Illinois Department. Nothing in this Article shall be construed
6to permit the granting of financial aid where the purpose of
7such aid is to obtain an abortion, induced miscarriage or
8induced premature birth unless, in the opinion of a physician,
9such procedures are necessary for the preservation of the life
10of the woman seeking such treatment, or except an induced
11premature birth intended to produce a live viable child and
12such procedure is necessary for the health of the mother or her
13unborn child.
14(Source: P.A. 100-538, eff. 1-1-18.)
15 Section 15. The Problem Pregnancy Health Services and Care
16Act is amended by changing Section 4-100 as follows:
17 (410 ILCS 230/4-100) (from Ch. 111 1/2, par. 4604-100)
18 Sec. 4-100. The Department may make grants to nonprofit
19agencies and organizations which do not use such grants to
20refer or counsel for, or perform, abortions and which
21coordinate and establish linkages among services that will
22further the purposes of this Act and, where appropriate, will
23provide, supplement, or improve the quality of such services.
24(Source: P.A. 100-538, eff. 1-1-18.)

HB0340- 39 -LRB101 05014 KTG 50023 b
1 Section 20. The Illinois Abortion Law of 1975 is amended by
2changing Section 1 as follows:
3 (720 ILCS 510/1) (from Ch. 38, par. 81-21)
4 Sec. 1. It is the intention of the General Assembly of the
5State of Illinois to reasonably regulate abortion in
6conformance with the legal standards set forth in the decisions
7of the United States Supreme Court of January 22, 1973. Without
8in any way restricting the right of privacy of a woman or the
9right of a woman to an abortion under those decisions, the
10General Assembly of the State of Illinois do solemnly declare
11and find in reaffirmation of the longstanding policy of this
12State, that the unborn child is a human being from the time of
13conception and is, therefore, a legal person for purposes of
14the unborn child's right to life and is entitled to the right
15to life from conception under the laws and Constitution of this
16State. Further, the General Assembly finds and declares that
17longstanding policy of this State to protect the right to life
18of the unborn child from conception by prohibiting abortion
19unless necessary to preserve the life of the mother is
20impermissible only because of the decisions of the United
21States Supreme Court and that, therefore, if those decisions of
22the United States Supreme Court are ever reversed or modified
23or the United States Constitution is amended to allow
24protection of the unborn then the former policy of this State

HB0340- 40 -LRB101 05014 KTG 50023 b
1to prohibit abortions unless necessary for the preservation of
2the mother's life shall be reinstated.
3 It is the further intention of the General Assembly to
4assure and protect the woman's health and the integrity of the
5woman's decision whether or not to continue to bear a child, to
6protect the valid and compelling state interest in the infant
7and unborn child, to assure the integrity of marital and
8familial relations and the rights and interests of persons who
9participate in such relations, and to gather data for
10establishing criteria for medical decisions. The General
11Assembly finds as fact, upon hearings and public disclosures,
12that these rights and interests are not secure in the economic
13and social context in which abortion is presently performed.
14(Source: P.A. 100-538, eff. 1-1-18.)
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