Bill Text: IL HB0424 | 2015-2016 | 99th General Assembly | Introduced


Bill Title: Creates the Home Birth Safety Act. Provides for the licensure of midwives by the Department of Financial and Professional Regulation. Creates the Illinois Midwifery Board. Sets forth provisions concerning qualifications, grounds for disciplinary action, and administrative procedures. Amends the Regulatory Sunset Act to set a repeal date for the new Act of January 1, 2026. Also amends the Medical Practice Act of 1987, the Nurse Practice Act, and the Illinois Public Aid Code to make related changes. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2015-11-16 - Added Chief Co-Sponsor Rep. Dwight Kay [HB0424 Detail]

Download: Illinois-2015-HB0424-Introduced.html


99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0424

Introduced , by Rep. Thomas Morrison

SYNOPSIS AS INTRODUCED:
New Act
5 ILCS 80/4.36 new
225 ILCS 60/4 from Ch. 111, par. 4400-4
225 ILCS 65/50-15 was 225 ILCS 65/5-15
305 ILCS 5/5-5 from Ch. 23, par. 5-5

Creates the Home Birth Safety Act. Provides for the licensure of midwives by the Department of Financial and Professional Regulation. Creates the Illinois Midwifery Board. Sets forth provisions concerning qualifications, grounds for disciplinary action, and administrative procedures. Amends the Regulatory Sunset Act to set a repeal date for the new Act of January 1, 2026. Also amends the Medical Practice Act of 1987, the Nurse Practice Act, and the Illinois Public Aid Code to make related changes. Effective immediately.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the Home
5Birth Safety Act.
6 Section 5. Purpose. The practice of midwifery in
7out-of-hospital settings is hereby declared to affect the
8public health, safety, and welfare and to be subject to
9regulation in the public interest. The purpose of the Act is to
10protect and benefit the public by setting standards for the
11qualifications, education, training, and experience of those
12who seek to obtain licensure and hold the title of licensed
13midwife, to promote high standards of professional performance
14for those licensed to practice midwifery in out-of-hospital
15settings in this State, and to protect the public from
16unprofessional conduct by persons licensed to practice
17midwifery, as defined in this Act. This Act shall be liberally
18construed to best carry out these purposes.
19 Section 10. Exemptions.
20 (a) This Act does not prohibit a person licensed under any
21other Act in this State from engaging in the practice for which
22he or she is licensed or from delegating services as provided

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1for under that other Act.
2 (b) Nothing in this Act shall be construed to prohibit or
3require licensing under this Act, with regard to:
4 (1) the gratuitous rendering of services;
5 (2) the rendering of services by a person, if such
6 attendance is in accordance with the person's religious
7 faith and is rendered to persons with a similar religious
8 faith as an exercise and enjoyment of their religious
9 freedom; and
10 (3) a student midwife working under the direction of a
11 licensed midwife.
12 Section 15. Definitions. In this Act:
13 "Board" means the Illinois Midwifery Board.
14 "Certified professional midwife" means a person who has met
15the standards for certification set by the North American
16Registry of Midwives or a successor organization and has been
17awarded the Certified Professional Midwife (CPM) credential.
18 "Department" means the Department of Financial and
19Professional Regulation.
20 "Licensed midwife" means a person who has been granted a
21license under this Act to engage in the practice of midwifery.
22 "National Association of Certified Professional Midwives"
23or "NACPM" means the professional organization, or its
24successor, that promotes the growth and development of the
25profession of certified professional midwives.

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1 "North American Registry of Midwives" or "NARM" means the
2accredited international agency, or its successor, that has
3established and has continued to administer certification for
4the credentialing of certified professional midwives.
5 "Practice of midwifery" means providing the necessary
6supervision, care, education, and advice to women during the
7antepartum, intrapartum, and postpartum period, conducting
8deliveries independently, and caring for the newborn, with such
9care including without limitation preventative measures, the
10detection of abnormal conditions in the mother and the child,
11the procurement of medical assistance, and the execution of
12emergency measures in the absence of medical help. "Practice of
13midwifery" includes non-prescriptive family planning.
14 "Secretary" means the Secretary of Financial and
15Professional Regulation.
16 Section 20. Unlicensed practice. Beginning January 1,
172016, no person may practice, attempt to practice, or hold
18himself or herself out to practice as a licensed midwife unless
19he or she is licensed as a midwife under this Act.
20 Section 25. Title. A licensed midwife may identify himself
21or herself as a "licensed midwife" or a "licensed home birth
22midwife" and may use the abbreviation L.M.
23 Section 30. Informed consent.

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1 (a) A licensed midwife shall, at an initial consultation
2with a client, provide a copy of the rules under this Act and
3disclose to the client orally and in writing all of the
4following:
5 (1) The licensed midwife's experience and training.
6 (2) Whether the licensed midwife has malpractice
7 liability insurance coverage and the policy limits of any
8 such coverage.
9 (3) A written protocol for the handling of medical
10 emergencies, including transportation to a hospital,
11 particular to each client.
12 (4) A notice that the client must obtain a physical
13 examination from a physician licensed to practice medicine
14 in all its branches, doctor of osteopathy, physician
15 assistant, or advanced practice nurse.
16 (b) A copy of the informed consent document, signed and
17dated by the client, must be kept in each client's chart.
18 Section 33. Vicarious liability. No physician licensed to
19practice medicine in all its branches or advanced practice
20nurse shall be held liable for an injury solely resulting from
21an act or omission by a licensed midwife occurring outside of a
22hospital, doctor's office or health care facility.
23 Except as may otherwise be provided by law, nothing in this
24Section shall exempt any physician licensed to practice
25medicine in all its branches or advanced practice nurse from

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1liability for his or her own negligent, grossly negligent, or
2willful or wanton acts or omissions.
3 Section 35. Advertising.
4 (a) Any person licensed under this Act may advertise the
5availability of professional midwifery services in the public
6media or on premises where professional services are rendered,
7if the advertising is truthful and not misleading and is in
8conformity with any rules regarding the practice of a licensed
9midwife.
10 (b) A licensee must include in every advertisement for
11midwifery services regulated under this Act his or her title as
12it appears on the license or the initials authorized under this
13Act.
14 Section 40. Powers and duties of the Department; rules.
15 (a) The Department shall exercise the powers and duties
16prescribed by the Civil Administrative Code of Illinois for the
17administration of licensing Acts and shall exercise such other
18powers and duties necessary for effectuating the purposes of
19this Act.
20 (b) The Secretary shall adopt rules consistent with the
21provisions of this Act for the administration and enforcement
22of the Act and for the payment of fees connected to the Act and
23may prescribe forms that shall be issued in connection with the
24Act. The rules shall include, but not be limited to, the

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1following:
2 (1) With regard to testing, care, and screening, a
3 licensed midwife shall:
4 (A) offer each client routine prenatal care and
5 testing in accordance with current American College of
6 Obstetricians and Gynecologists guidelines;
7 (B) provide all clients with a plan for 24-hour
8 on-call availability by a licensed midwife, certified
9 nurse-midwife, or licensed physician throughout
10 pregnancy, intrapartum, and 6 weeks postpartum;
11 (C) provide clients with labor support, fetal
12 monitoring, and routine assessment of vital signs once
13 active labor is established;
14 (D) supervise delivery of infant and placenta,
15 assess newborn and maternal well-being in immediate
16 postpartum, and perform Apgar scores;
17 (E) administer, if necessary, oxytoxin (Pitocin)
18 solely as an anti-hemorrhagic agent, oxygen and
19 intravenous fluids for stabilization, and other drugs
20 or procedures as determined by the Department;
21 (F) perform routine cord management and inspect
22 for the appropriate number of vessels;
23 (G) inspect the placenta and membranes for
24 completeness;
25 (H) inspect the perineum and vagina postpartum for
26 lacerations and stabilize;

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1 (I) observe mother and newborn postpartum until
2 stable condition is achieved, but in no event for less
3 than 2 hours;
4 (J) instruct the mother, father, and other support
5 persons, both verbally and in writing, of the special
6 care and precautions for both mother and newborn in the
7 immediate postpartum period;
8 (K) reevaluate maternal and newborn well-being
9 within 36 hours after delivery.
10 (L) use universal precautions with all biohazard
11 materials;
12 (M) ensure that a birth certificate is accurately
13 completed and filed in accordance with State law;
14 (N) offer to obtain and submit a blood sample, in
15 accordance with the recommendations for metabolic
16 screening of the newborn;
17 (O) offer an injection of vitamin K for the
18 newborn, in accordance with the indication, dose, and
19 administration route set by the Department in rules.
20 (P) within one week after delivery, offer a newborn
21 hearing screening to every newborn or refer the parents
22 to a facility with a newborn hearing screening program;
23 (Q) within 2 hours after the birth, offer the
24 administration of anti-biotic ointment into the eyes
25 of the newborn, in accordance with State law on the
26 prevention of infant blindness; and

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1 (R) maintain adequate antenatal and perinatal
2 records of each client and provide records to
3 consulting licensed physicians and licensed certified
4 nurse-midwives, in accordance with the federal Health
5 Insurance Portability and Accountability Act.
6 (2) With regard to collaboration, a licensed midwife
7 must form a collaborative relationship with a medical
8 doctor or doctor of osteopathy licensed under the Illinois
9 Medical Practice Act of 1987 or a certified nurse-midwife
10 licensed as an advanced practice nurse under the Nurse
11 Practice Act. This relationship must:
12 (A) include documented quarterly review of all
13 clients under the care of the licensed midwife;
14 (B) include written protocols and procedures for
15 assessing risk and appropriateness for home birth;
16 (C) provide supportive care when care is
17 transferred to another provider, if possible; and
18 (D) consider the standards regarding practice of
19 midwifery established by the National Association of
20 Certified Professional Midwives, including referral of
21 mother or baby to appropriate professionals when
22 either needs care outside the midwife's scope of
23 practice or expertise.
24 This relationship shall require the personal presence
25 of the collaborating care provider at all times at the
26 place where services are rendered, as long as there is

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1 communication available for consultation by radio,
2 telephone, Internet, or other telecommunications.
3 (3) If a licensed midwife makes 10 failed attempts,
4 documented by certified mail, to arrange a collaborative
5 relationship, then he or she may practice
6 unencumbered.
7 (4) With regard to prohibited practices, a licensed
8 midwife may not do any of the following:
9 (A) Administer prescription pharmacological agents
10 intended to induce or augment labor.
11 (B) Administer prescription pharmacological agents
12 to provide pain management.
13 (C) Use vacuum extractors or forceps.
14 (D) Prescribe medications.
15 (E) Perform major surgical procedures including,
16 but not limited to, abortions, cesarean sections, and
17 circumcisions.
18 (5) With regards to Medicaid Reimbursement, no
19 licensed midwife is required to carry liability insurance
20 in order to be reimbursed by the State as a Medicaid
21 provider.
22 (c) The Department shall consult with the Board in adopting
23rules. Notice of proposed rulemaking shall be transmitted to
24the Board and the Department shall review the Board's response
25and any recommendations made. The Department shall notify the
26Board in writing with proper explanation of deviations from the

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1Board's recommendations and responses.
2 (d) The Department may at any time seek the advice and the
3expert knowledge of the Board on any matter relating to the
4administration of this Act.
5 (e) The Department shall issue quarterly a report to the
6Board of the status of all complaints related to the profession
7filed with the Department.
8 (f) Administration by the Department of this Act must be
9consistent with standards regarding the practice of midwifery
10established by the National Association of Certified
11Professional Midwives or a successor organization whose
12essential documents include without limitation subject matter
13concerning scope of practice, standards of practice, informed
14consent, appropriate consultation, collaboration or referral,
15and acknowledgement of a woman's right to self determination
16concerning her maternity care.
17 Section 45. Illinois Midwifery Board.
18 (a) There is created under the authority of the Department
19the Illinois Midwifery Board, which shall consist of 7 members
20appointed by the Secretary, 4 of whom shall be licensed
21midwives who carry the CPM credential, except that initial
22appointees must have at least 3 years of experience in the
23practice of midwifery in an out-of-hospital setting, be
24certified by the North American Registry of Midwives, and meet
25the qualifications for licensure set forth in this Act; one of

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1whom shall be an obstetrician or a family practice physician
2licensed under the Medical Practice Act of 1987 who has a
3minimum of 2 years of experience providing home birth services
4or consulting with home birth providers; one of whom shall be a
5certified nurse midwife who has at least 2 years of experience
6in providing home birth services; and one of whom shall be a
7knowledgeable public member who has given birth with the
8assistance of a certified professional midwife in an
9out-of-hospital birth setting. Board members shall serve
104-year terms, except that in the case of initial appointments,
11terms shall be staggered as follows: 3 members shall serve for
124 years, 2 members shall serve for 3 years, and 2 members shall
13serve for 2 years. The Board shall annually elect a chairperson
14and vice chairperson.
15 (b) Any appointment made to fill a vacancy shall be for the
16unexpired portion of the term. Appointments to fill vacancies
17shall be made in the same manner as original appointments. No
18Board member may be reappointed for a term that would cause his
19or her continuous service on the Board to exceed 9 years.
20 (c) Board membership must have reasonable representation
21from different geographic areas of this State.
22 (d) The members of the Board shall be reimbursed for all
23legitimate, necessary, and authorized expenses incurred in
24attending the meetings of the Board.
25 (e) The Secretary may remove any member for cause at any
26time prior to the expiration of his or her term.

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1 (f) Four Board members shall constitute a quorum. A vacancy
2in the membership of the Board shall not impair the right of a
3quorum to perform all of the duties of the Board.
4 (g) The Board shall provide the Department with
5recommendations concerning the administration of this Act and
6may perform each of the following duties:
7 (1) Recommend to the Department the prescription and,
8 from time to time, the revision of any rules that may be
9 necessary to carry out the provisions of this Act,
10 including those that are designed to protect the health,
11 safety, and welfare of the public.
12 (2) Conduct hearings and disciplinary conferences on
13 disciplinary charges of licensees.
14 (3) Report to the Department, upon completion of a
15 hearing, the disciplinary actions recommended to be taken
16 against a person found in violation of this Act.
17 (4) Recommend the approval, denial of approval, and
18 withdrawal of approval of required education and
19 continuing educational programs.
20 (h) The Secretary shall give due consideration to all
21recommendations of the Board. If the Secretary takes action
22contrary to a recommendation of the Board, the Secretary must
23promptly provide a written explanation of that action.
24 (i) The Board may recommend to the Secretary that one or
25more licensed midwives be selected by the Secretary to assist
26in any investigation under this Act. Compensation shall be

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1provided to any licensee who provides assistance under this
2subsection (i), in an amount determined by the Secretary.
3 (j) Members of the Board shall be immune from suit in an
4action based upon a disciplinary proceeding or other activity
5performed in good faith as a member of the Board, except for
6willful or wanton misconduct.
7 Section 50. Qualifications.
8 (a) A person is qualified for licensure as a midwife if
9that person meets each of the following qualifications:
10 (1) He or she has earned an associate's degree or
11 higher, or the equivalent of an associate's degree or
12 higher, in either nursing or midwifery from an accredited
13 post-secondary institution or has earned a general
14 associates degree or its equivalent, including completion
15 of all of the following coursework from an accredited
16 post-secondary institution in the following denominations:
17 (A) Laboratory Science (must include coursework in
18 Anatomy and Physiology and Microbiology): 12 credit hours.
19 (B) English or Communications: 6 credit hours.
20 (C) Social and Behavioral Science (Sociology and
21 Psychology): 6 credit hours.
22 (D) Math: 3 credit hours.
23 (E) Nutrition: 3 credit hours.
24 (F) Pharmacology: 3 credit hours.
25 (2) He or she has successfully completed a program of

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1 midwifery education approved by the North American
2 Registry of Midwives that includes both didactic and
3 clinical internship experience, the sum of which, on
4 average, takes 3 to 5 years to complete.
5 (3) He or she has passed a written and practical skills
6 examination for the practice of midwifery that has been
7 developed following the standards set by the National
8 Commission for Certifying Agencies or a successor
9 organization and is administered by the North American
10 Registry of Midwives.
11 (4) He or she holds a valid CPM credential granted by
12 the North American Registry of Midwives.
13 (b) Before January 1, 2017, a person seeking licensure as a
14licensed midwife who has not met the educational requirements
15set forth in this Section shall be qualified for licensure if
16that person does all of the following:
17 (1) Submits evidence of having successfully passed the
18 national certification exam described in subsection (a) of
19 this Section prior to January 1, 2009.
20 (2) Submits evidence of current certification in adult
21 CPR and in neonatal resuscitation.
22 (3) Has continually maintained active, up-to-date
23 recertification status as a certified professional midwife
24 with the North American Registry of Midwives.
25 (4) Submits evidence of practice for at least 5 years
26 as a midwife delivering in an out-of-hospital setting.

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1 (c) Nothing used in submitting evidence of practice of
2midwifery when applying for licensure under this Act shall be
3used as evidence or to take legal action against the applicant
4regarding the practice of midwifery, nursing, or medicine prior
5to the passage of this Act.
6 Section 55. Social Security Number on application. In
7addition to any other information required to be contained in
8the application, every application for an original, renewal,
9reinstated, or restored license under this Act shall include
10the applicant's Social Security Number.
11 Section 60. Continuing education.
12 (a) The Department shall require all licensed midwives to
13submit proof of the completion of at least 25 hours of
14continuing education in classes approved by the North American
15Registry of Midwives and 5 hours of peer review per 3-year
16license renewal cycle.
17 (b) Rules adopted under this Act shall require the licensed
18midwife to maintain CPM certification by meeting all the
19requirements set forth by the North American Registry of
20Midwives or its successor.
21 (c) Each licensee is responsible for maintaining records of
22completion of continuing education and shall be prepared to
23produce the records when requested by the Department.

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1 Section 65. Inactive status.
2 (a) A licensed midwife who notifies the Department in
3writing on forms prescribed by the Department may elect to
4place his or her license on an inactive status and shall be
5excused from payment of renewal fees until he or she notifies
6the Department in writing of his or her intent to restore the
7license.
8 (b) A licensed midwife whose license is on inactive status
9may not practice licensed midwifery in the State of Illinois.
10 (c) A licensed midwife requesting restoration from
11inactive status shall be required to pay the current renewal
12fee and to restore his or her license, as provided by the
13Department.
14 (d) Any licensee who engages in the practice of midwifery
15while his or her license is lapsed or on inactive status shall
16be considered to be practicing without a license, which shall
17be grounds for discipline.
18 Section 70. Renewal, reinstatement, or restoration of
19licensure; military service.
20 (a) The expiration date and renewal period for each license
21issued under this Act shall be set by the Department.
22 (b) All renewal applicants shall provide proof of having
23met the requirements of continuing education set forth by the
24North American Registry of Midwives or its successor. The
25Department shall provide for an orderly process for the

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1reinstatement of licenses that have not been renewed due to
2failure to meet continuing education requirements.
3 (c) Any licensed midwife who has permitted his or her
4license to expire or who has had his or her license on inactive
5status may have his or her license restored by making
6application to the Department and filing proof acceptable to
7the Department of fitness to have the license restored and by
8paying the required fees. Proof of fitness may include evidence
9attesting to active lawful practice in another jurisdiction.
10 (d) The Department shall determine, by an evaluation
11program, fitness for restoration of a license under this
12Section and shall establish procedures and requirements for
13restoration.
14 (e) Any licensed midwife whose license expired while he or
15she was (i) in federal service on active duty with the Armed
16Forces of the United States or the State Militia and called
17into service or training or (ii) or received education under
18the supervision of the United States preliminary to induction
19into the military service may have his or her license restored
20without paying any lapsed renewal fees, if, within 2 years
21after honorable termination of service, training, or
22education, he or she furnishes the Department with satisfactory
23evidence to the effect that he or she has been so engaged.
24 Section 75. Roster. The Department shall maintain a roster
25of the names and addresses of all licensees and of all persons

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1whose licenses have been suspended or revoked. This roster
2shall be available upon written request and payment of the
3required fee.
4 Section 80. Fees.
5 (a) The Department shall provide for a schedule of fees for
6the administration and enforcement of this Act, including
7without limitation original licensure, renewal, and
8restoration, which fees shall be nonrefundable.
9 (b) All fees collected under this Act shall be deposited
10into the General Professions Dedicated Fund and appropriated to
11the Department for the ordinary and contingent expenses of the
12Department in the administration of this Act.
13 Section 85. Returned checks; fines. Any person who delivers
14a check or other payment to the Department that is returned to
15the Department unpaid by the financial institution upon which
16it is drawn shall pay to the Department, in addition to the
17amount already owed to the Department, a fine of $50. The fines
18imposed by this Section are in addition to any other discipline
19provided under this Act for unlicensed practice or practice on
20a non-renewed license. The Department shall notify the person
21that fees and fines shall be paid to the Department by
22certified check or money order within 30 calendar days after
23the notification. If, after the expiration of 30 days from the
24date of the notification, the person has failed to submit the

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1necessary remittance, the Department shall automatically
2terminate the license or deny the application, without hearing.
3If, after termination or denial, the person seeks a license, he
4or she shall apply to the Department for restoration or
5issuance of the license and pay all fees and fines due to the
6Department. The Department may establish a fee for the
7processing of an application for restoration of a license to
8defray all expenses of processing the application. The
9Secretary may waive the fines due under this Section in
10individual cases where the Secretary finds that the fines would
11be unreasonable or unnecessarily burdensome.
12 Section 90. Unlicensed practice; civil penalty. Any person
13who practices, offers to practice, attempts to practice, or
14holds himself or herself out to practice midwifery or as a
15midwife without being licensed under this Act shall, in
16addition to any other penalty provided by law, pay a civil
17penalty to the Department in an amount not to exceed $5,000 for
18each offense, as determined by the Department. The civil
19penalty shall be assessed by the Department after a hearing is
20held in accordance with the provisions set forth in this Act
21regarding the provision of a hearing for the discipline of a
22licensee. The civil penalty shall be paid within 60 days after
23the effective date of the order imposing the civil penalty. The
24order shall constitute a judgment and may be filed and
25execution had thereon in the same manner as any judgment from

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1any court of record. The Department may investigate any
2unlicensed activity.
3 Section 95. Grounds for disciplinary action.
4 (a) The Department may refuse to issue or to renew or may
5revoke, suspend, place on probation, reprimand or take other
6disciplinary action as the Department may deem proper,
7including fines not to exceed $5,000 for each violation, with
8regard to any licensee or license for any one or combination of
9the following causes:
10 (1) Violations of this Act or its rules.
11 (2) Material misstatement in furnishing information to
12 the Department.
13 (3) Conviction of any crime under the laws of any U.S.
14 jurisdiction that is (i) a felony, (ii) a misdemeanor, an
15 essential element of which is dishonesty, or (iii) directly
16 related to the practice of the profession.
17 (4) Making any misrepresentation for the purpose of
18 obtaining a license.
19 (5) Professional incompetence or gross negligence.
20 (6) Gross malpractice.
21 (7) Aiding or assisting another person in violating any
22 provision of this Act or its rules.
23 (8) Failing to provide information within 60 days in
24 response to a written request made by the Department.
25 (9) Engaging in dishonorable, unethical, or

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1 unprofessional conduct of a character likely to deceive,
2 defraud, or harm the public.
3 (10) Habitual or excessive use or addiction to alcohol,
4 narcotics, stimulants, or any other chemical agent or drug
5 that results in the inability to practice with reasonable
6 judgment, skill, or safety.
7 (11) Discipline by another U.S. jurisdiction or
8 foreign nation if at least one of the grounds for the
9 discipline is the same or substantially equivalent to those
10 set forth in this Act.
11 (12) Directly or indirectly giving to or receiving from
12 any person, firm, corporation, partnership, or association
13 any fee, commission, rebate, or other form of compensation
14 for any professional services not actually or personally
15 rendered. This shall not be deemed to include rent or other
16 remunerations paid to an individual, partnership, or
17 corporation by a licensed midwife for the lease, rental, or
18 use of space, owned or controlled by the individual,
19 partnership, corporation, or association.
20 (13) A finding by the Department that the licensee,
21 after having his or her license placed on probationary
22 status, has violated the terms of probation.
23 (14) Abandonment of a patient without cause.
24 (15) Willfully making or filing false records or
25 reports relating to a licensee's practice, including, but
26 not limited to, false records filed with State agencies or

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1 departments.
2 (16) Physical illness or mental illness, including,
3 but not limited to, deterioration through the aging process
4 or loss of motor skill that results in the inability to
5 practice the profession with reasonable judgment, skill,
6 or safety.
7 (17) Failure to provide a patient with a copy of his or
8 her record upon the written request of the patient.
9 (18) Conviction by any court of competent
10 jurisdiction, either within or without this State, of any
11 violation of any law governing the practice of licensed
12 midwifery or conviction in this or another state of any
13 crime that is a felony under the laws of this State or
14 conviction of a felony in a federal court, if the
15 Department determines, after investigation, that the
16 person has not been sufficiently rehabilitated to warrant
17 the public trust.
18 (19) A finding that licensure has been applied for or
19 obtained by fraudulent means.
20 (20) Being named as a perpetrator in an indicated
21 report by the Department of Healthcare and Family Services
22 under the Abused and Neglected Child Reporting Act and upon
23 proof by clear and convincing evidence that the licensee
24 has caused a child to be an abused child or a neglected
25 child, as defined in the Abused and Neglected Child
26 Reporting Act.

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1 (21) Practicing or attempting to practice under a name
2 other than the full name shown on a license issued under
3 this Act.
4 (22) Immoral conduct in the commission of any act, such
5 as sexual abuse, sexual misconduct, or sexual
6 exploitation, related to the licensee's practice.
7 (23) Maintaining a professional relationship with any
8 person, firm, or corporation when the licensed midwife
9 knows or should know that a person, firm, or corporation is
10 violating this Act.
11 (24) Failure to provide satisfactory proof of having
12 participated in approved continuing education programs as
13 determined by the Board and approved by the Secretary.
14 Exceptions for extreme hardships are to be defined by the
15 Department.
16 (b) The Department may refuse to issue or may suspend the
17license of any person who fails to (i) file a tax return or to
18pay the tax, penalty, or interest shown in a filed return or
19(ii) pay any final assessment of the tax, penalty, or interest,
20as required by any tax Act administered by the Illinois
21Department of Revenue, until the time that the requirements of
22that tax Act are satisfied.
23 (c) The determination by a circuit court that a licensee is
24subject to involuntary admission or judicial admission as
25provided in the Mental Health and Developmental Disabilities
26Code operates as an automatic suspension. The suspension shall

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1end only upon a finding by a court that the patient is no
2longer subject to involuntary admission or judicial admission,
3the issuance of an order so finding and discharging the
4patient, and the recommendation of the Board to the Secretary
5that the licensee be allowed to resume his or her practice.
6 (d) In enforcing this Section, the Department, upon a
7showing of a possible violation, may compel any person licensed
8to practice under this Act or who has applied for licensure or
9certification pursuant to this Act to submit to a mental or
10physical examination, or both, as required by and at the
11expense of the Department. The examining physicians shall be
12those specifically designated by the Department. The
13Department may order an examining physician to present
14testimony concerning the mental or physical examination of the
15licensee or applicant. No information shall be excluded by
16reason of any common law or statutory privilege relating to
17communications between the licensee or applicant and the
18examining physician. The person to be examined may have, at his
19or her own expense, another physician of his or her choice
20present during all aspects of the examination. Failure of any
21person to submit to a mental or physical examination when
22directed shall be grounds for suspension of a license until the
23person submits to the examination if the Department finds,
24after notice and hearing, that the refusal to submit to the
25examination was without reasonable cause.
26 If the Department finds an individual unable to practice

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1because of the reasons set forth in this subsection (d), the
2Department may require that individual to submit to care,
3counseling, or treatment by physicians approved or designated
4by the Department, as a condition, term, or restriction for
5continued, reinstated, or renewed licensure to practice or, in
6lieu of care, counseling, or treatment, the Department may file
7a complaint to immediately suspend, revoke, or otherwise
8discipline the license of the individual. Any person whose
9license was granted, reinstated, renewed, disciplined, or
10supervised subject to such terms, conditions, or restrictions
11and who fails to comply with such terms, conditions, or
12restrictions shall be referred to the Secretary for a
13determination as to whether or not the person shall have his or
14her license suspended immediately, pending a hearing by the
15Department.
16 In instances in which the Secretary immediately suspends a
17person's license under this Section, a hearing on that person's
18license must be convened by the Department within 15 days after
19the suspension and completed without appreciable delay. The
20Department may review the person's record of treatment and
21counseling regarding the impairment, to the extent permitted by
22applicable federal statutes and regulations safeguarding the
23confidentiality of medical records.
24 A person licensed under this Act and affected under this
25subsection (d) shall be afforded an opportunity to demonstrate
26to the Department that he or she can resume practice in

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1compliance with acceptable and prevailing standards under the
2provisions of his or her license.
3 Section 100. Failure to pay restitution. The Department,
4without further process or hearing, shall suspend the license
5or other authorization to practice of any person issued under
6this Act who has been certified by court order as not having
7paid restitution to a person under Section 8A-3.5 of the
8Illinois Public Aid Code, under Section 46-1 of the Criminal
9Code of 1961, or under Sections 17-8.5 or 17-10.5 of the
10Criminal Code of 2012. A person whose license or other
11authorization to practice is suspended under this Section is
12prohibited from practicing until restitution is made in full.
13 Section 105. Injunction; cease and desist order.
14 (a) If a person violates any provision of this Act, the
15Secretary may, in the name of the People of the State of
16Illinois, through the Attorney General or the State's Attorney
17of any county in which the action is brought, petition for an
18order enjoining the violation or enforcing compliance with this
19Act. Upon the filing of a verified petition in court, the court
20may issue a temporary restraining order, without notice or
21bond, and may preliminarily and permanently enjoin the
22violation. If it is established that the person has violated or
23is violating the injunction, the court may punish the offender
24for contempt of court. Proceedings under this Section shall be

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1in addition to, and not in lieu of, all other remedies and
2penalties provided by this Act.
3 (b) If any person practices as a licensed midwife or holds
4himself or herself out as a licensed midwife without being
5licensed under the provisions of this Act, then any licensed
6midwife, any interested party, or any person injured thereby
7may, in addition to the Secretary, petition for relief as
8provided in subsection (a) of this Section.
9 (c) Whenever, in the opinion of the Department, any person
10violates any provision of this Act, the Department may issue a
11rule to show cause why an order to cease and desist should not
12be entered against that person. The rule shall clearly set
13forth the grounds relied upon by the Department and shall
14provide a period of 7 days after the date of the rule to file an
15answer to the satisfaction of the Department. Failure to answer
16to the satisfaction of the Department shall cause an order to
17cease and desist to be issued immediately.
18 Section 110. Violation; criminal penalty.
19 (a) Whoever knowingly practices or offers to practice
20midwifery in this State without being licensed for that purpose
21or exempt under this Act shall be guilty of a Class A
22misdemeanor and, for each subsequent conviction, shall be
23guilty of a Class 4 felony.
24 (b) Notwithstanding any other provision of this Act, all
25criminal fines, moneys, or other property collected or received

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1by the Department under this Section or any other State or
2federal statute, including, but not limited to, property
3forfeited to the Department under Section 505 of the Illinois
4Controlled Substances Act or Section 85 of the Methamphetamine
5Control and Community Protection Act, shall be deposited into
6the Professional Regulation Evidence Fund.
7 Section 115. Investigation; notice; hearing. The
8Department may investigate the actions of any applicant or of
9any person or persons holding or claiming to hold a license
10under this Act. Before refusing to issue or to renew or taking
11any disciplinary action regarding a license, the Department
12shall, at least 30 days prior to the date set for the hearing,
13notify in writing the applicant or licensee of the nature of
14any charges and that a hearing shall be held on a date
15designated. The Department shall direct the applicant or
16licensee to file a written answer with the Board under oath
17within 20 days after the service of the notice and inform the
18applicant or licensee that failure to file an answer shall
19result in default being taken against the applicant or licensee
20and that the license may be suspended, revoked, or placed on
21probationary status or that other disciplinary action may be
22taken, including limiting the scope, nature, or extent of
23practice, as the Secretary may deem proper. Written notice may
24be served by personal delivery or certified or registered mail
25to the respondent at the address of his or her last

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1notification to the Department. If the person fails to file an
2answer after receiving notice, his or her license may, in the
3discretion of the Department, be suspended, revoked, or placed
4on probationary status, or the Department may take any
5disciplinary action deemed proper, including limiting the
6scope, nature, or extent of the person's practice or the
7imposition of a fine, without a hearing, if the act or acts
8charged constitute sufficient grounds for such action under
9this Act. At the time and place fixed in the notice, the Board
10shall proceed to hear the charges and the parties or their
11counsel shall be accorded ample opportunity to present such
12statements, testimony, evidence, and argument as may be
13pertinent to the charges or to their defense. The Board may
14continue a hearing from time to time.
15 Section 120. Formal hearing; preservation of record. The
16Department, at its expense, shall preserve a record of all
17proceedings at the formal hearing of any case. The notice of
18hearing, complaint, and all other documents in the nature of
19pleadings and written motions filed in the proceedings, the
20transcript of testimony, the report of the Board or hearing
21officer, and order of the Department shall be the record of the
22proceeding. The Department shall furnish a transcript of the
23record to any person interested in the hearing upon payment of
24the fee required under Section 2105-115 of the Department of
25Professional Regulation Law.

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1 Section 125. Witnesses; production of documents; contempt.
2Any circuit court may upon application of the Department or its
3designee or of the applicant or licensee against whom
4proceedings under Section 95 of this Act are pending, enter an
5order requiring the attendance of witnesses and their testimony
6and the production of documents, papers, files, books, and
7records in connection with any hearing or investigation. The
8court may compel obedience to its order by proceedings for
9contempt.
10 Section 130. Subpoena; oaths. The Department shall have the
11power to subpoena and bring before it any person in this State
12and to take testimony either orally or by deposition or both
13with the same fees and mileage and in the same manner as
14prescribed in civil cases in circuit courts of this State. The
15Secretary, the designated hearing officer, and every member of
16the Board has the power to administer oaths to witnesses at any
17hearing that the Department is authorized to conduct and any
18other oaths authorized in any Act administered by the
19Department. Any circuit court may, upon application of the
20Department or its designee or upon application of the person
21against whom proceedings under this Act are pending, enter an
22order requiring the attendance of witnesses and their
23testimony, and the production of documents, papers, files,
24books, and records in connection with any hearing or

HB0424- 31 -LRB099 03597 HAF 23605 b
1investigation. The court may compel obedience to its order by
2proceedings for contempt.
3 Section 135. Findings of fact, conclusions of law, and
4recommendations. At the conclusion of the hearing the Board
5shall present to the Secretary a written report of its findings
6of fact, conclusions of law, and recommendations. The report
7shall contain a finding as to whether or not the accused person
8violated this Act or failed to comply with the conditions
9required under this Act. The Board shall specify the nature of
10the violation or failure to comply and shall make its
11recommendations to the Secretary.
12 The report of findings of fact, conclusions of law, and
13recommendations of the Board shall be the basis for the
14Department's order. If the Secretary disagrees in any regard
15with the report of the Board, the Secretary may issue an order
16in contravention of the report. The finding is not admissible
17in evidence against the person in a criminal prosecution
18brought for the violation of this Act, but the hearing and
19findings are not a bar to a criminal prosecution brought for
20the violation of this Act.
21 Section 140. Hearing officer. The Secretary may appoint any
22attorney duly licensed to practice law in the State of Illinois
23to serve as the hearing officer in any action for departmental
24refusal to issue, renew, or license an applicant or for

HB0424- 32 -LRB099 03597 HAF 23605 b
1disciplinary action against a licensee. The hearing officer
2shall have full authority to conduct the hearing. The hearing
3officer shall report his or her findings of fact, conclusions
4of law, and recommendations to the Board and the Secretary. The
5Board shall have 60 calendar days after receipt of the report
6to review the report of the hearing officer and present its
7findings of fact, conclusions of law, and recommendations to
8the Secretary. If the Board fails to present its report within
9the 60-day period, the Secretary may issue an order based on
10the report of the hearing officer. If the Secretary disagrees
11with the recommendation of the Board or the hearing officer, he
12or she may issue an order in contravention of that
13recommendation.
14 Section 145. Service of report; motion for rehearing. In
15any case involving the discipline of a license, a copy of the
16Board's report shall be served upon the respondent by the
17Department, either personally or as provided in this Act for
18the service of the notice of hearing. Within 20 days after the
19service, the respondent may present to the Department a motion
20in writing for a rehearing that shall specify the particular
21grounds for rehearing. If no motion for rehearing is filed,
22then upon the expiration of the time specified for filing a
23motion, or if a motion for rehearing is denied, then upon the
24denial, the Secretary may enter an order in accordance with
25this Act. If the respondent orders from the reporting service

HB0424- 33 -LRB099 03597 HAF 23605 b
1and pays for a transcript of the record within the time for
2filing a motion for rehearing, the 20-day period within which
3the motion may be filed shall commence upon the delivery of the
4transcript to the respondent.
5 Section 150. Rehearing. Whenever the Secretary is
6satisfied that substantial justice has not been done in the
7revocation, suspension, or refusal to issue or renew a license,
8the Secretary may order a rehearing by the same or another
9hearing officer or by the Board.
10 Section 155. Prima facie proof. An order or a certified
11copy thereof, over the seal of the Department and purporting to
12be signed by the Secretary, shall be prima facie proof of the
13following:
14 (1) that the signature is the genuine signature of the
15 Secretary;
16 (2) that such Secretary is duly appointed and
17 qualified; and
18 (3) that the Board and its members are qualified to
19 act.
20 Section 160. Restoration of license. At any time after the
21suspension or revocation of any license, the Department may
22restore the license to the accused person, unless after an
23investigation and a hearing the Department determines that

HB0424- 34 -LRB099 03597 HAF 23605 b
1restoration is not in the public interest.
2 Section 165. Surrender of license. Upon the revocation or
3suspension of any license, the licensee shall immediately
4surrender the license to the Department. If the licensee fails
5to do so, the Department shall have the right to seize the
6license.
7 Section 170. Summary suspension. The Secretary may
8summarily suspend the license of a licensee under this Act
9without a hearing, simultaneously with the institution of
10proceedings for a hearing provided for in this Act, if the
11Secretary finds that evidence in his or her possession
12indicates that continuation in practice would constitute an
13imminent danger to the public. In the event that the Secretary
14summarily suspends a license without a hearing, a hearing by
15the Department must be held within 30 days after the suspension
16has occurred.
17 Section 175. Certificate of record. The Department shall
18not be required to certify any record to the court or file any
19answer in court or otherwise appear in any court in a judicial
20review proceeding, unless there is filed in the court, with the
21complaint, a receipt from the Department acknowledging payment
22of the costs of furnishing and certifying the record. Failure
23on the part of the plaintiff to file a receipt in court shall

HB0424- 35 -LRB099 03597 HAF 23605 b
1be grounds for dismissal of the action.
2 Section 180. Administrative Review Law. All final
3administrative decisions of the Department are subject to
4judicial review under the Administrative Review Law and its
5rules. The term "administrative decision" is defined as in
6Section 3-101 of the Code of Civil Procedure.
7 Section 185. Illinois Administrative Procedure Act. The
8Illinois Administrative Procedure Act is hereby expressly
9adopted and incorporated in this Act as if all of the
10provisions of such Act were included in this Act, except that
11the provision of subsection (d) of Section 10-65 of the
12Illinois Administrative Procedure Act that provides that at
13hearings the licensee has the right to show compliance with all
14lawful requirements for retention, continuation, or renewal of
15the license is specifically excluded. For purposes of this Act,
16the notice required under Section 10-25 of the Illinois
17Administrative Procedure Act is deemed sufficient when mailed
18to the last known address of a party.
19 Section 190. Home rule. Pursuant to paragraph (h) of
20Section 6 of Article VII of the Illinois Constitution of 1970,
21the power to regulate and issue licenses for the practice of
22midwifery shall, except as may otherwise be provided within and
23pursuant to the provisions of this Act, be exercised by the

HB0424- 36 -LRB099 03597 HAF 23605 b
1State and may not be exercised by any unit of local government,
2including home rule units.
3 Section 195. Severability. The provisions of this Act are
4severable under Section 1.31 of the Statute on Statutes.
5 Section 900. The Regulatory Sunset Act is amended by adding
6Section 4.36 as follows:
7 (5 ILCS 80/4.36 new)
8 Sec. 4.36. Act repealed on January 1, 2026. The following
9Act is repealed on January 1, 2026:
10 The Home Birth Safety Act.
11 Section 905. The Medical Practice Act of 1987 is amended by
12changing Section 4 as follows:
13 (225 ILCS 60/4) (from Ch. 111, par. 4400-4)
14 (Section scheduled to be repealed on December 31, 2015)
15 Sec. 4. Exemptions. This Act does not apply to the
16following:
17 (1) persons lawfully carrying on their particular
18 profession or business under any valid existing regulatory
19 Act of this State, including without limitation persons
20 engaged in the practice of midwifery who are licensed under
21 the Home Birth Safety Act;

HB0424- 37 -LRB099 03597 HAF 23605 b
1 (2) persons rendering gratuitous services in cases of
2 emergency; or
3 (3) persons treating human ailments by prayer or
4 spiritual means as an exercise or enjoyment of religious
5 freedom.
6(Source: P.A. 96-7, eff. 4-3-09; 97-622, eff. 11-23-11.)
7 Section 910. The Nurse Practice Act is amended by changing
8Section 50-15 as follows:
9 (225 ILCS 65/50-15) (was 225 ILCS 65/5-15)
10 (Section scheduled to be repealed on January 1, 2018)
11 Sec. 50-15. Policy; application of Act.
12 (a) For the protection of life and the promotion of health,
13and the prevention of illness and communicable diseases, any
14person practicing or offering to practice advanced,
15professional, or practical nursing in Illinois shall submit
16evidence that he or she is qualified to practice, and shall be
17licensed as provided under this Act. No person shall practice
18or offer to practice advanced, professional, or practical
19nursing in Illinois or use any title, sign, card or device to
20indicate that such a person is practicing professional or
21practical nursing unless such person has been licensed under
22the provisions of this Act.
23 (b) This Act does not prohibit the following:
24 (1) The practice of nursing in Federal employment in

HB0424- 38 -LRB099 03597 HAF 23605 b
1 the discharge of the employee's duties by a person who is
2 employed by the United States government or any bureau,
3 division or agency thereof and is a legally qualified and
4 licensed nurse of another state or territory and not in
5 conflict with Sections 50-50, 55-10, 60-10, and 70-5 of
6 this Act.
7 (2) Nursing that is included in the program of study by
8 students enrolled in programs of nursing or in current
9 nurse practice update courses approved by the Department.
10 (3) The furnishing of nursing assistance in an
11 emergency.
12 (4) The practice of nursing by a nurse who holds an
13 active license in another state when providing services to
14 patients in Illinois during a bonafide emergency or in
15 immediate preparation for or during interstate transit.
16 (5) The incidental care of the sick by members of the
17 family, domestic servants or housekeepers, or care of the
18 sick where treatment is by prayer or spiritual means.
19 (6) Persons from being employed as unlicensed
20 assistive personnel in private homes, long term care
21 facilities, nurseries, hospitals or other institutions.
22 (7) The practice of practical nursing by one who is a
23 licensed practical nurse under the laws of another U.S.
24 jurisdiction and has applied in writing to the Department,
25 in form and substance satisfactory to the Department, for a
26 license as a licensed practical nurse and who is qualified

HB0424- 39 -LRB099 03597 HAF 23605 b
1 to receive such license under this Act, until (i) the
2 expiration of 6 months after the filing of such written
3 application, (ii) the withdrawal of such application, or
4 (iii) the denial of such application by the Department.
5 (8) The practice of advanced practice nursing by one
6 who is an advanced practice nurse under the laws of another
7 state, territory of the United States, or country and has
8 applied in writing to the Department, in form and substance
9 satisfactory to the Department, for a license as an
10 advanced practice nurse and who is qualified to receive
11 such license under this Act, until (i) the expiration of 6
12 months after the filing of such written application, (ii)
13 the withdrawal of such application, or (iii) the denial of
14 such application by the Department.
15 (9) The practice of professional nursing by one who is
16 a registered professional nurse under the laws of another
17 state, territory of the United States or country and has
18 applied in writing to the Department, in form and substance
19 satisfactory to the Department, for a license as a
20 registered professional nurse and who is qualified to
21 receive such license under Section 55-10, until (1) the
22 expiration of 6 months after the filing of such written
23 application, (2) the withdrawal of such application, or (3)
24 the denial of such application by the Department.
25 (10) The practice of professional nursing that is
26 included in a program of study by one who is a registered

HB0424- 40 -LRB099 03597 HAF 23605 b
1 professional nurse under the laws of another state or
2 territory of the United States or foreign country,
3 territory or province and who is enrolled in a graduate
4 nursing education program or a program for the completion
5 of a baccalaureate nursing degree in this State, which
6 includes clinical supervision by faculty as determined by
7 the educational institution offering the program and the
8 health care organization where the practice of nursing
9 occurs.
10 (11) Any person licensed in this State under any other
11 Act from engaging in the practice for which she or he is
12 licensed, including without limitation any person engaged
13 in the practice of midwifery who is licensed under the Home
14 Birth Safety Act.
15 (12) Delegation to authorized direct care staff
16 trained under Section 15.4 of the Mental Health and
17 Developmental Disabilities Administrative Act consistent
18 with the policies of the Department.
19 (13) The practice, services, or activities of persons
20 practicing the specified occupations set forth in
21 subsection (a) of, and pursuant to a licensing exemption
22 granted in subsection (b) or (d) of, Section 2105-350 of
23 the Department of Professional Regulation Law of the Civil
24 Administrative Code of Illinois, but only for so long as
25 the 2016 Olympic and Paralympic Games Professional
26 Licensure Exemption Law is operable.

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1 (14) County correctional personnel from delivering
2 prepackaged medication for self-administration to an
3 individual detainee in a correctional facility.
4 Nothing in this Act shall be construed to limit the
5delegation of tasks or duties by a physician, dentist, or
6podiatric physician to a licensed practical nurse, a registered
7professional nurse, or other persons.
8(Source: P.A. 98-214, eff. 8-9-13.)
9 Section 990. The Illinois Public Aid Code is amended by
10changing Section 5-5 as follows:
11 (305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
12 Sec. 5-5. Medical services. The Illinois Department, by
13rule, shall determine the quantity and quality of and the rate
14of reimbursement for the medical assistance for which payment
15will be authorized, and the medical services to be provided,
16which may include all or part of the following: (1) inpatient
17hospital services; (2) outpatient hospital services; (3) other
18laboratory and X-ray services; (4) skilled nursing home
19services; (5) physicians' services whether furnished in the
20office, the patient's home, a hospital, a skilled nursing home,
21or elsewhere; (6) medical care, or any other type of remedial
22care furnished by licensed practitioners, including the
23services of certified professional midwives licensed pursuant
24to the Home Birth Safety Act; (7) home health care services;

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1(8) private duty nursing service; (9) clinic services; (10)
2dental services, including prevention and treatment of
3periodontal disease and dental caries disease for pregnant
4women, provided by an individual licensed to practice dentistry
5or dental surgery; for purposes of this item (10), "dental
6services" 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

HB0424- 44 -LRB099 03597 HAF 23605 b
1persons who are otherwise eligible for assistance under this
2Article.
3 Notwithstanding any other provision of this Code, the
4Illinois Department may not require, as a condition of payment
5for any laboratory test authorized under this Article, that a
6physician's handwritten signature appear on the laboratory
7test order form. The Illinois Department may, however, impose
8other appropriate requirements regarding laboratory test order
9documentation.
10 Upon receipt of federal approval of an amendment to the
11Illinois Title XIX State Plan for this purpose, the Department
12shall authorize the Chicago Public Schools (CPS) to procure a
13vendor or vendors to manufacture eyeglasses for individuals
14enrolled in a school within the CPS system. CPS shall ensure
15that its vendor or vendors are enrolled as providers in the
16medical assistance program and in any capitated Medicaid
17managed care entity (MCE) serving individuals enrolled in a
18school within the CPS system. Under any contract procured under
19this provision, the vendor or vendors must serve only
20individuals enrolled in a school within the CPS system. Claims
21for services provided by CPS's vendor or vendors to recipients
22of benefits in the medical assistance program under this Code,
23the Children's Health Insurance Program, or the Covering ALL
24KIDS Health Insurance Program shall be submitted to the
25Department or the MCE in which the individual is enrolled for
26payment and shall be reimbursed at the Department's or the

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1MCE's established rates or rate methodologies for eyeglasses.
2 On and after July 1, 2012, the Department of Healthcare and
3Family Services may provide the following services to persons
4eligible for assistance under this Article who are
5participating in education, training or employment programs
6operated by the Department of Human Services as successor to
7the Department of Public Aid:
8 (1) dental services provided by or under the
9 supervision of a dentist; and
10 (2) eyeglasses prescribed by a physician skilled in the
11 diseases of the eye, or by an optometrist, whichever the
12 person may select.
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

HB0424- 46 -LRB099 03597 HAF 23605 b
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 of an entire
25 breast or breasts if a mammogram demonstrates
26 heterogeneous or dense breast tissue, when medically

HB0424- 47 -LRB099 03597 HAF 23605 b
1 necessary as determined by a physician licensed to practice
2 medicine in all of its branches.
3 All screenings shall include a physical breast exam,
4instruction on self-examination and information regarding the
5frequency of self-examination and its value as a preventative
6tool. For purposes of this Section, "low-dose mammography"
7means the x-ray examination of the breast using equipment
8dedicated specifically for mammography, including the x-ray
9tube, filter, compression device, and image receptor, with an
10average radiation exposure delivery of less than one rad per
11breast for 2 views of an average size breast. The term also
12includes digital mammography.
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.
22 Subject to federal approval, the Department shall
23establish a rate methodology for mammography at federally
24qualified health centers and other encounter-rate clinics.
25These clinics or centers may also collaborate with other
26hospital-based mammography facilities.

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1 The Department shall establish a methodology to remind
2women who are age-appropriate for screening mammography, but
3who have not received a mammogram within the previous 18
4months, of the importance and benefit of screening mammography.
5 The Department shall establish a performance goal for
6primary care providers with respect to their female patients
7over age 40 receiving an annual mammogram. This performance
8goal shall be used to provide additional reimbursement in the
9form of a quality performance bonus to primary care providers
10who meet that goal.
11 The Department shall devise a means of case-managing or
12patient navigation for beneficiaries diagnosed with breast
13cancer. This program shall initially operate as a pilot program
14in areas of the State with the highest incidence of mortality
15related to breast cancer. At least one pilot program site shall
16be in the metropolitan Chicago area and at least one site shall
17be outside the metropolitan Chicago area. An evaluation of the
18pilot program shall be carried out measuring health outcomes
19and cost of care for those served by the pilot program compared
20to similarly situated patients who are not served by the pilot
21program.
22 Any medical or health care provider shall immediately
23recommend, to any pregnant woman who is being provided prenatal
24services and is suspected of drug abuse or is addicted as
25defined in the Alcoholism and Other Drug Abuse and Dependency
26Act, referral to a local substance abuse treatment provider

HB0424- 49 -LRB099 03597 HAF 23605 b
1licensed by the Department of Human Services or to a licensed
2hospital which provides substance abuse treatment services.
3The Department of Healthcare and Family Services shall assure
4coverage for the cost of treatment of the drug abuse or
5addiction for pregnant recipients in accordance with the
6Illinois Medicaid Program in conjunction with the Department of
7Human Services.
8 All medical providers providing medical assistance to
9pregnant women under this Code shall receive information from
10the Department on the availability of services under the Drug
11Free Families with a Future or any comparable program providing
12case management services for addicted women, including
13information on appropriate referrals for other social services
14that may be needed by addicted women in addition to treatment
15for addiction.
16 The Illinois Department, in cooperation with the
17Departments of Human Services (as successor to the Department
18of Alcoholism and Substance Abuse) and Public Health, through a
19public awareness campaign, may provide information concerning
20treatment for alcoholism and drug abuse and addiction, prenatal
21health care, and other pertinent programs directed at reducing
22the number of drug-affected infants born to recipients of
23medical assistance.
24 Neither the Department of Healthcare and Family Services
25nor the Department of Human Services shall sanction the
26recipient solely on the basis of her substance abuse.

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1 The Illinois Department shall establish such regulations
2governing the dispensing of health services under this Article
3as it shall deem appropriate. The Department should seek the
4advice of formal professional advisory committees appointed by
5the Director of the Illinois Department for the purpose of
6providing regular advice on policy and administrative matters,
7information dissemination and educational activities for
8medical and health care providers, and consistency in
9procedures to the Illinois Department.
10 The Illinois Department may develop and contract with
11Partnerships of medical providers to arrange medical services
12for persons eligible under Section 5-2 of this Code.
13Implementation of this Section may be by demonstration projects
14in certain geographic areas. The Partnership shall be
15represented by a sponsor organization. The Department, by rule,
16shall develop qualifications for sponsors of Partnerships.
17Nothing in this Section shall be construed to require that the
18sponsor organization be a medical organization.
19 The sponsor must negotiate formal written contracts with
20medical providers for physician services, inpatient and
21outpatient hospital care, home health services, treatment for
22alcoholism and substance abuse, and other services determined
23necessary by the Illinois Department by rule for delivery by
24Partnerships. Physician services must include prenatal and
25obstetrical care. The Illinois Department shall reimburse
26medical services delivered by Partnership providers to clients

HB0424- 51 -LRB099 03597 HAF 23605 b
1in target areas according to provisions of this Article and the
2Illinois Health Finance Reform Act, except that:
3 (1) Physicians participating in a Partnership and
4 providing certain services, which shall be determined by
5 the Illinois Department, to persons in areas covered by the
6 Partnership may receive an additional surcharge for such
7 services.
8 (2) The Department may elect to consider and negotiate
9 financial incentives to encourage the development of
10 Partnerships and the efficient delivery of medical care.
11 (3) Persons receiving medical services through
12 Partnerships may receive medical and case management
13 services above the level usually offered through the
14 medical assistance program.
15 Medical providers shall be required to meet certain
16qualifications to participate in Partnerships to ensure the
17delivery of high quality medical services. These
18qualifications shall be determined by rule of the Illinois
19Department and may be higher than qualifications for
20participation in the medical assistance program. Partnership
21sponsors may prescribe reasonable additional qualifications
22for participation by medical providers, only with the prior
23written approval of the Illinois Department.
24 Nothing in this Section shall limit the free choice of
25practitioners, hospitals, and other providers of medical
26services by clients. In order to ensure patient freedom of

HB0424- 52 -LRB099 03597 HAF 23605 b
1choice, the Illinois Department shall immediately promulgate
2all rules and take all other necessary actions so that provided
3services may be accessed from therapeutically certified
4optometrists to the full extent of the Illinois Optometric
5Practice Act of 1987 without discriminating between service
6providers.
7 The Department shall apply for a waiver from the United
8States Health Care Financing Administration to allow for the
9implementation of Partnerships under this Section.
10 The Illinois Department shall require health care
11providers to maintain records that document the medical care
12and services provided to recipients of Medical Assistance under
13this Article. Such records must be retained for a period of not
14less than 6 years from the date of service or as provided by
15applicable State law, whichever period is longer, except that
16if an audit is initiated within the required retention period
17then the records must be retained until the audit is completed
18and every exception is resolved. The Illinois Department shall
19require health care providers to make available, when
20authorized by the patient, in writing, the medical records in a
21timely fashion to other health care providers who are treating
22or serving persons eligible for Medical Assistance under this
23Article. All dispensers of medical services shall be required
24to maintain and retain business and professional records
25sufficient to fully and accurately document the nature, scope,
26details and receipt of the health care provided to persons

HB0424- 53 -LRB099 03597 HAF 23605 b
1eligible for medical assistance under this Code, in accordance
2with regulations promulgated by the Illinois Department. The
3rules and regulations shall require that proof of the receipt
4of prescription drugs, dentures, prosthetic devices and
5eyeglasses by eligible persons under this Section accompany
6each claim for reimbursement submitted by the dispenser of such
7medical services. No such claims for reimbursement shall be
8approved for payment by the Illinois Department without such
9proof of receipt, unless the Illinois Department shall have put
10into effect and shall be operating a system of post-payment
11audit and review which shall, on a sampling basis, be deemed
12adequate by the Illinois Department to assure that such drugs,
13dentures, prosthetic devices and eyeglasses for which payment
14is being made are actually being received by eligible
15recipients. Within 90 days after the effective date of this
16amendatory Act of 1984, the Illinois Department shall establish
17a current list of acquisition costs for all prosthetic devices
18and any other items recognized as medical equipment and
19supplies reimbursable under this Article and shall update such
20list on a quarterly basis, except that the acquisition costs of
21all prescription drugs shall be updated no less frequently than
22every 30 days as required by Section 5-5.12.
23 The rules and regulations of the Illinois Department shall
24require that a written statement including the required opinion
25of a physician shall accompany any claim for reimbursement for
26abortions, or induced miscarriages or premature births. This

HB0424- 54 -LRB099 03597 HAF 23605 b
1statement shall indicate what procedures were used in providing
2such medical services.
3 Notwithstanding any other law to the contrary, the Illinois
4Department shall, within 365 days after July 22, 2013, (the
5effective date of Public Act 98-104), establish procedures to
6permit skilled care facilities licensed under the Nursing Home
7Care Act to submit monthly billing claims for reimbursement
8purposes. Following development of these procedures, the
9Department shall have an additional 365 days to test the
10viability of the new system and to ensure that any necessary
11operational or structural changes to its information
12technology platforms are implemented.
13 Notwithstanding any other law to the contrary, the Illinois
14Department shall, within 365 days after August 15, 2014 (the
15effective date of Public Act 98-963) this amendatory Act of the
1698th General Assembly, establish procedures to permit ID/DD
17facilities licensed under the ID/DD Community Care Act to
18submit monthly billing claims for reimbursement purposes.
19Following development of these procedures, the Department
20shall have an additional 365 days to test the viability of the
21new system and to ensure that any necessary operational or
22structural changes to its information technology platforms are
23implemented.
24 The Illinois Department shall require all dispensers of
25medical services, other than an individual practitioner or
26group of practitioners, desiring to participate in the Medical

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

HB0424- 56 -LRB099 03597 HAF 23605 b
1 Prior to enrollment and during the conditional enrollment
2period in the medical assistance program, all vendors shall be
3subject to enhanced oversight, screening, and review based on
4the risk of fraud, waste, and abuse that is posed by the
5category of risk of the vendor. The Illinois Department shall
6establish the procedures for oversight, screening, and review,
7which may include, but need not be limited to: criminal and
8financial background checks; fingerprinting; license,
9certification, and authorization verifications; unscheduled or
10unannounced site visits; database checks; prepayment audit
11reviews; audits; payment caps; payment suspensions; and other
12screening as required by federal or State law.
13 The Department shall define or specify the following: (i)
14by provider notice, the "category of risk of the vendor" for
15each type of vendor, which shall take into account the level of
16screening applicable to a particular category of vendor under
17federal law and regulations; (ii) by rule or provider notice,
18the maximum length of the conditional enrollment period for
19each category of risk of the vendor; and (iii) by rule, the
20hearing rights, if any, afforded to a vendor in each category
21of risk of the vendor that is terminated or disenrolled during
22the conditional enrollment period.
23 To be eligible for payment consideration, a vendor's
24payment claim or bill, either as an initial claim or as a
25resubmitted claim following prior rejection, must be received
26by the Illinois Department, or its fiscal intermediary, no

HB0424- 57 -LRB099 03597 HAF 23605 b
1later than 180 days after the latest date on the claim on which
2medical goods or services were provided, with the following
3exceptions:
4 (1) In the case of a provider whose enrollment is in
5 process by the Illinois Department, the 180-day period
6 shall not begin until the date on the written notice from
7 the Illinois Department that the provider enrollment is
8 complete.
9 (2) In the case of errors attributable to the Illinois
10 Department or any of its claims processing intermediaries
11 which result in an inability to receive, process, or
12 adjudicate a claim, the 180-day period shall not begin
13 until the provider has been notified of the error.
14 (3) In the case of a provider for whom the Illinois
15 Department initiates the monthly billing process.
16 (4) In the case of a provider operated by a unit of
17 local government with a population exceeding 3,000,000
18 when local government funds finance federal participation
19 for claims payments.
20 For claims for services rendered during a period for which
21a recipient received retroactive eligibility, claims must be
22filed within 180 days after the Department determines the
23applicant is eligible. For claims for which the Illinois
24Department is not the primary payer, claims must be submitted
25to the Illinois Department within 180 days after the final
26adjudication by the primary payer.

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

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1Illinois Department functions. This includes, but is not
2limited to: information pertaining to licensure;
3certification; earnings; immigration status; citizenship; wage
4reporting; unearned and earned income; pension income;
5employment; supplemental security income; social security
6numbers; National Provider Identifier (NPI) numbers; the
7National Practitioner Data Bank (NPDB); program and agency
8exclusions; taxpayer identification numbers; tax delinquency;
9corporate information; and death records.
10 The Illinois Department shall enter into agreements with
11State agencies and departments, and is authorized to enter into
12agreements with federal agencies and departments, under which
13such agencies and departments shall share data necessary for
14medical assistance program integrity functions and oversight.
15The Illinois Department shall develop, in cooperation with
16other State departments and agencies, and in compliance with
17applicable federal laws and regulations, appropriate and
18effective methods to share such data. At a minimum, and to the
19extent necessary to provide data sharing, the Illinois
20Department shall enter into agreements with State agencies and
21departments, and is authorized to enter into agreements with
22federal agencies and departments, including but not limited to:
23the Secretary of State; the Department of Revenue; the
24Department of Public Health; the Department of Human Services;
25and the Department of Financial and Professional Regulation.
26 Beginning in fiscal year 2013, the Illinois Department

HB0424- 60 -LRB099 03597 HAF 23605 b
1shall set forth a request for information to identify the
2benefits of a pre-payment, post-adjudication, and post-edit
3claims system with the goals of streamlining claims processing
4and provider reimbursement, reducing the number of pending or
5rejected claims, and helping to ensure a more transparent
6adjudication process through the utilization of: (i) provider
7data verification and provider screening technology; and (ii)
8clinical code editing; and (iii) pre-pay, pre- or
9post-adjudicated predictive modeling with an integrated case
10management system with link analysis. Such a request for
11information shall not be considered as a request for proposal
12or as an obligation on the part of the Illinois Department to
13take any action or acquire any products or services.
14 The Illinois Department shall establish policies,
15procedures, standards and criteria by rule for the acquisition,
16repair and replacement of orthotic and prosthetic devices and
17durable medical equipment. Such rules shall provide, but not be
18limited to, the following services: (1) immediate repair or
19replacement of such devices by recipients; and (2) rental,
20lease, purchase or lease-purchase of durable medical equipment
21in a cost-effective manner, taking into consideration the
22recipient's medical prognosis, the extent of the recipient's
23needs, and the requirements and costs for maintaining such
24equipment. Subject to prior approval, such rules shall enable a
25recipient to temporarily acquire and use alternative or
26substitute devices or equipment pending repairs or

HB0424- 61 -LRB099 03597 HAF 23605 b
1replacements of any device or equipment previously authorized
2for such recipient by the Department.
3 The Department shall execute, relative to the nursing home
4prescreening project, written inter-agency agreements with the
5Department of Human Services and the Department on Aging, to
6effect the following: (i) intake procedures and common
7eligibility criteria for those persons who are receiving
8non-institutional services; and (ii) the establishment and
9development of non-institutional services in areas of the State
10where they are not currently available or are undeveloped; and
11(iii) notwithstanding any other provision of law, subject to
12federal approval, on and after July 1, 2012, an increase in the
13determination of need (DON) scores from 29 to 37 for applicants
14for institutional and home and community-based long term care;
15if and only if federal approval is not granted, the Department
16may, in conjunction with other affected agencies, implement
17utilization controls or changes in benefit packages to
18effectuate a similar savings amount for this population; and
19(iv) no later than July 1, 2013, minimum level of care
20eligibility criteria for institutional and home and
21community-based long term care; and (v) no later than October
221, 2013, establish procedures to permit long term care
23providers access to eligibility scores for individuals with an
24admission date who are seeking or receiving services from the
25long term care provider. In order to select the minimum level
26of care eligibility criteria, the Governor shall establish a

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1workgroup that includes affected agency representatives and
2stakeholders representing the institutional and home and
3community-based long term care interests. This Section shall
4not restrict the Department from implementing lower level of
5care eligibility criteria for community-based services in
6circumstances where federal approval has been granted.
7 The Illinois Department shall develop and operate, in
8cooperation with other State Departments and agencies and in
9compliance with applicable federal laws and regulations,
10appropriate and effective systems of health care evaluation and
11programs for monitoring of utilization of health care services
12and facilities, as it affects persons eligible for medical
13assistance under this Code.
14 The Illinois Department shall report annually to the
15General Assembly, no later than the second Friday in April of
161979 and each year thereafter, in regard to:
17 (a) actual statistics and trends in utilization of
18 medical services by public aid recipients;
19 (b) actual statistics and trends in the provision of
20 the various medical services by medical vendors;
21 (c) current rate structures and proposed changes in
22 those rate structures for the various medical vendors; and
23 (d) efforts at utilization review and control by the
24 Illinois Department.
25 The period covered by each report shall be the 3 years
26ending on the June 30 prior to the report. The report shall

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1include suggested legislation for consideration by the General
2Assembly. The filing of one copy of the report with the
3Speaker, one copy with the Minority Leader and one copy with
4the Clerk of the House of Representatives, one copy with the
5President, one copy with the Minority Leader and one copy with
6the Secretary of the Senate, one copy with the Legislative
7Research Unit, and such additional copies with the State
8Government Report Distribution Center for the General Assembly
9as is required under paragraph (t) of Section 7 of the State
10Library Act shall be deemed sufficient to comply with this
11Section.
12 Rulemaking authority to implement Public Act 95-1045, if
13any, is conditioned on the rules being adopted in accordance
14with all provisions of the Illinois Administrative Procedure
15Act and all rules and procedures of the Joint Committee on
16Administrative Rules; any purported rule not so adopted, for
17whatever reason, is unauthorized.
18 On and after July 1, 2012, the Department shall reduce any
19rate of reimbursement for services or other payments or alter
20any methodologies authorized by this Code to reduce any rate of
21reimbursement for services or other payments in accordance with
22Section 5-5e.
23 Because kidney transplantation can be an appropriate, cost
24effective alternative to renal dialysis when medically
25necessary and notwithstanding the provisions of Section 1-11 of
26this Code, beginning October 1, 2014, the Department shall

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1cover kidney transplantation for noncitizens with end-stage
2renal disease who are not eligible for comprehensive medical
3benefits, who meet the residency requirements of Section 5-3 of
4this Code, and who would otherwise meet the financial
5requirements of the appropriate class of eligible persons under
6Section 5-2 of this Code. To qualify for coverage of kidney
7transplantation, such person must be receiving emergency renal
8dialysis services covered by the Department. Providers under
9this Section shall be prior approved and certified by the
10Department to perform kidney transplantation and the services
11under this Section shall be limited to services associated with
12kidney transplantation.
13(Source: P.A. 97-48, eff. 6-28-11; 97-638, eff. 1-1-12; 97-689,
14eff. 6-14-12; 97-1061, eff. 8-24-12; 98-104, Article 9, Section
159-5, eff. 7-22-13; 98-104, Article 12, Section 12-20, eff.
167-22-13; 98-303, eff. 8-9-13; 98-463, eff. 8-16-13; 98-651,
17eff. 6-16-14; 98-756, eff. 7-16-14; 98-963, eff. 8-15-14;
18revised 10-2-14.)
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