Bill Text: IL HB1504 | 2025-2026 | 104th General Assembly | Introduced


Bill Title: Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that no later than July 1, 2025, over-the-counter choline dietary supplements for pregnant persons shall be covered under the medical assistance program. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-18 - Assigned to Human Services Committee [HB1504 Detail]

Download: Illinois-2025-HB1504-Introduced.html

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1504

Introduced , by Rep. Robyn Gabel

SYNOPSIS AS INTRODUCED:
305 ILCS 5/5-5

    Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that no later than July 1, 2025, over-the-counter choline dietary supplements for pregnant persons shall be covered under the medical assistance program. Effective immediately.
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A BILL FOR

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1    AN ACT concerning public aid.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Public Aid Code is amended by
5changing Section 5-5 as follows:
6    (305 ILCS 5/5-5)
7    (Text of Section before amendment by P.A. 103-808)
8    Sec. 5-5. Medical services. The Illinois Department, by
9rule, shall determine the quantity and quality of and the rate
10of reimbursement for the medical assistance for which payment
11will be authorized, and the medical services to be provided,
12which may include all or part of the following: (1) inpatient
13hospital services; (2) outpatient hospital services; (3) other
14laboratory and X-ray services; (4) skilled nursing home
15services; (5) physicians' services whether furnished in the
16office, the patient's home, a hospital, a skilled nursing
17home, or elsewhere; (6) medical care, or any other type of
18remedial care furnished by licensed practitioners; (7) home
19health care services; (8) private duty nursing service; (9)
20clinic services; (10) dental services, including prevention
21and treatment of periodontal disease and dental caries disease
22for pregnant individuals, provided by an individual licensed
23to practice dentistry or dental surgery; for purposes of this

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1item (10), "dental services" means diagnostic, preventive, or
2corrective procedures provided by or under the supervision of
3a dentist in the practice of his or her profession; (11)
4physical therapy and related services; (12) prescribed drugs,
5dentures, and prosthetic devices; and eyeglasses prescribed by
6a physician skilled in the diseases of the eye, or by an
7optometrist, whichever the person may select; (13) other
8diagnostic, screening, preventive, and rehabilitative
9services, including to ensure that the individual's need for
10intervention or treatment of mental disorders or substance use
11disorders or co-occurring mental health and substance use
12disorders is determined using a uniform screening, assessment,
13and evaluation process inclusive of criteria, for children and
14adults; for purposes of this item (13), a uniform screening,
15assessment, and evaluation process refers to a process that
16includes an appropriate evaluation and, as warranted, a
17referral; "uniform" does not mean the use of a singular
18instrument, tool, or process that all must utilize; (14)
19transportation and such other expenses as may be necessary;
20(15) medical treatment of sexual assault survivors, as defined
21in Section 1a of the Sexual Assault Survivors Emergency
22Treatment Act, for injuries sustained as a result of the
23sexual assault, including examinations and laboratory tests to
24discover evidence which may be used in criminal proceedings
25arising from the sexual assault; (16) the diagnosis and
26treatment of sickle cell anemia; (16.5) services performed by

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1a chiropractic physician licensed under the Medical Practice
2Act of 1987 and acting within the scope of his or her license,
3including, but not limited to, chiropractic manipulative
4treatment; and (17) any other medical care, and any other type
5of remedial care recognized under the laws of this State. The
6term "any other type of remedial care" shall include nursing
7care and nursing home service for persons who rely on
8treatment by spiritual means alone through prayer for healing.
9    Notwithstanding any other provision of this Section, a
10comprehensive tobacco use cessation program that includes
11purchasing prescription drugs or prescription medical devices
12approved by the Food and Drug Administration shall be covered
13under the medical assistance program under this Article for
14persons who are otherwise eligible for assistance under this
15Article.
16    Notwithstanding any other provision of this Code,
17reproductive health care that is otherwise legal in Illinois
18shall be covered under the medical assistance program for
19persons who are otherwise eligible for medical assistance
20under this Article.
21    Notwithstanding any other provision of this Section, all
22tobacco cessation medications approved by the United States
23Food and Drug Administration and all individual and group
24tobacco cessation counseling services and telephone-based
25counseling services and tobacco cessation medications provided
26through the Illinois Tobacco Quitline shall be covered under

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1the medical assistance program for persons who are otherwise
2eligible for assistance under this Article. The Department
3shall comply with all federal requirements necessary to obtain
4federal financial participation, as specified in 42 CFR
5433.15(b)(7), for telephone-based counseling services provided
6through the Illinois Tobacco Quitline, including, but not
7limited to: (i) entering into a memorandum of understanding or
8interagency agreement with the Department of Public Health, as
9administrator of the Illinois Tobacco Quitline; and (ii)
10developing a cost allocation plan for Medicaid-allowable
11Illinois Tobacco Quitline services in accordance with 45 CFR
1295.507. The Department shall submit the memorandum of
13understanding or interagency agreement, the cost allocation
14plan, and all other necessary documentation to the Centers for
15Medicare and Medicaid Services for review and approval.
16Coverage under this paragraph shall be contingent upon federal
17approval.
18    Notwithstanding any other provision of this Code, the
19Illinois Department may not require, as a condition of payment
20for any laboratory test authorized under this Article, that a
21physician's handwritten signature appear on the laboratory
22test order form. The Illinois Department may, however, impose
23other appropriate requirements regarding laboratory test order
24documentation.
25    Upon receipt of federal approval of an amendment to the
26Illinois Title XIX State Plan for this purpose, the Department

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1shall authorize the Chicago Public Schools (CPS) to procure a
2vendor or vendors to manufacture eyeglasses for individuals
3enrolled in a school within the CPS system. CPS shall ensure
4that its vendor or vendors are enrolled as providers in the
5medical assistance program and in any capitated Medicaid
6managed care entity (MCE) serving individuals enrolled in a
7school within the CPS system. Under any contract procured
8under this provision, the vendor or vendors must serve only
9individuals enrolled in a school within the CPS system. Claims
10for services provided by CPS's vendor or vendors to recipients
11of benefits in the medical assistance program under this Code,
12the Children's Health Insurance Program, or the Covering ALL
13KIDS Health Insurance Program shall be submitted to the
14Department or the MCE in which the individual is enrolled for
15payment and shall be reimbursed at the Department's or the
16MCE's established rates or rate methodologies for eyeglasses.
17    On and after July 1, 2012, the Department of Healthcare
18and Family Services may provide the following services to
19persons eligible for assistance under this Article who are
20participating in education, training or employment programs
21operated by the Department of Human Services as successor to
22the Department of Public Aid:
23        (1) dental services provided by or under the
24 supervision of a dentist; and
25        (2) eyeglasses prescribed by a physician skilled in
26 the diseases of the eye, or by an optometrist, whichever

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1 the person may select.
2    On and after July 1, 2018, the Department of Healthcare
3and Family Services shall provide dental services to any adult
4who is otherwise eligible for assistance under the medical
5assistance program. As used in this paragraph, "dental
6services" means diagnostic, preventative, restorative, or
7corrective procedures, including procedures and services for
8the prevention and treatment of periodontal disease and dental
9caries disease, provided by an individual who is licensed to
10practice dentistry or dental surgery or who is under the
11supervision of a dentist in the practice of his or her
12profession.
13    On and after July 1, 2018, targeted dental services, as
14set forth in Exhibit D of the Consent Decree entered by the
15United States District Court for the Northern District of
16Illinois, Eastern Division, in the matter of Memisovski v.
17Maram, Case No. 92 C 1982, that are provided to adults under
18the medical assistance program shall be established at no less
19than the rates set forth in the "New Rate" column in Exhibit D
20of the Consent Decree for targeted dental services that are
21provided to persons under the age of 18 under the medical
22assistance program.
23    Subject to federal approval, on and after January 1, 2025,
24the rates paid for sedation evaluation and the provision of
25deep sedation and intravenous sedation for the purpose of
26dental services shall be increased by 33% above the rates in

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1effect on December 31, 2024. The rates paid for nitrous oxide
2sedation shall not be impacted by this paragraph and shall
3remain the same as the rates in effect on December 31, 2024.
4    Notwithstanding any other provision of this Code and
5subject to federal approval, the Department may adopt rules to
6allow a dentist who is volunteering his or her service at no
7cost to render dental services through an enrolled
8not-for-profit health clinic without the dentist personally
9enrolling as a participating provider in the medical
10assistance program. A not-for-profit health clinic shall
11include a public health clinic or Federally Qualified Health
12Center or other enrolled provider, as determined by the
13Department, through which dental services covered under this
14Section are performed. The Department shall establish a
15process for payment of claims for reimbursement for covered
16dental services rendered under this provision.
17    Subject to appropriation and to federal approval, the
18Department shall file administrative rules updating the
19Handicapping Labio-Lingual Deviation orthodontic scoring tool
20by January 1, 2025, or as soon as practicable.
21    On and after January 1, 2022, the Department of Healthcare
22and Family Services shall administer and regulate a
23school-based dental program that allows for the out-of-office
24delivery of preventative dental services in a school setting
25to children under 19 years of age. The Department shall
26establish, by rule, guidelines for participation by providers

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1and set requirements for follow-up referral care based on the
2requirements established in the Dental Office Reference Manual
3published by the Department that establishes the requirements
4for dentists participating in the All Kids Dental School
5Program. Every effort shall be made by the Department when
6developing the program requirements to consider the different
7geographic differences of both urban and rural areas of the
8State for initial treatment and necessary follow-up care. No
9provider shall be charged a fee by any unit of local government
10to participate in the school-based dental program administered
11by the Department. Nothing in this paragraph shall be
12construed to limit or preempt a home rule unit's or school
13district's authority to establish, change, or administer a
14school-based dental program in addition to, or independent of,
15the school-based dental program administered by the
16Department.
17    The Illinois Department, by rule, may distinguish and
18classify the medical services to be provided only in
19accordance with the classes of persons designated in Section
205-2.
21    The Department of Healthcare and Family Services must
22provide coverage and reimbursement for amino acid-based
23elemental formulas, regardless of delivery method, for the
24diagnosis and treatment of (i) eosinophilic disorders and (ii)
25short bowel syndrome when the prescribing physician has issued
26a written order stating that the amino acid-based elemental

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1formula is medically necessary.
2    The Illinois Department shall authorize the provision of,
3and shall authorize payment for, screening by low-dose
4mammography for the presence of occult breast cancer for
5individuals 35 years of age or older who are eligible for
6medical assistance under this Article, as follows:
7        (A) A baseline mammogram for individuals 35 to 39
8 years of age.
9        (B) An annual mammogram for individuals 40 years of
10 age or older.
11        (C) A mammogram at the age and intervals considered
12 medically necessary by the individual's health care
13 provider for individuals under 40 years of age and having
14 a family history of breast cancer, prior personal history
15 of breast cancer, positive genetic testing, or other risk
16 factors.
17        (D) A comprehensive ultrasound screening and MRI of an
18 entire breast or breasts if a mammogram demonstrates
19 heterogeneous or dense breast tissue or when medically
20 necessary as determined by a physician licensed to
21 practice medicine in all of its branches.
22        (E) A screening MRI when medically necessary, as
23 determined by a physician licensed to practice medicine in
24 all of its branches.
25        (F) A diagnostic mammogram when medically necessary,
26 as determined by a physician licensed to practice medicine

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1 in all its branches, advanced practice registered nurse,
2 or physician assistant.
3    The Department shall not impose a deductible, coinsurance,
4copayment, or any other cost-sharing requirement on the
5coverage provided under this paragraph; except that this
6sentence does not apply to coverage of diagnostic mammograms
7to the extent such coverage would disqualify a high-deductible
8health plan from eligibility for a health savings account
9pursuant to Section 223 of the Internal Revenue Code (26
10U.S.C. 223).
11    All screenings shall include a physical breast exam,
12instruction on self-examination and information regarding the
13frequency of self-examination and its value as a preventative
14tool.
15    For purposes of this Section:
16    "Diagnostic mammogram" means a mammogram obtained using
17diagnostic mammography.
18    "Diagnostic mammography" means a method of screening that
19is designed to evaluate an abnormality in a breast, including
20an abnormality seen or suspected on a screening mammogram or a
21subjective or objective abnormality otherwise detected in the
22breast.
23    "Low-dose mammography" means the x-ray examination of the
24breast using equipment dedicated specifically for mammography,
25including the x-ray tube, filter, compression device, and
26image receptor, with an average radiation exposure delivery of

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1less than one rad per breast for 2 views of an average size
2breast. The term also includes digital mammography and
3includes breast tomosynthesis.
4    "Breast tomosynthesis" means a radiologic procedure that
5involves the acquisition of projection images over the
6stationary breast to produce cross-sectional digital
7three-dimensional images of the breast.
8    If, at any time, the Secretary of the United States
9Department of Health and Human Services, or its successor
10agency, promulgates rules or regulations to be published in
11the Federal Register or publishes a comment in the Federal
12Register or issues an opinion, guidance, or other action that
13would require the State, pursuant to any provision of the
14Patient Protection and Affordable Care Act (Public Law
15111-148), including, but not limited to, 42 U.S.C.
1618031(d)(3)(B) or any successor provision, to defray the cost
17of any coverage for breast tomosynthesis outlined in this
18paragraph, then the requirement that an insurer cover breast
19tomosynthesis is inoperative other than any such coverage
20authorized under Section 1902 of the Social Security Act, 42
21U.S.C. 1396a, and the State shall not assume any obligation
22for the cost of coverage for breast tomosynthesis set forth in
23this paragraph.
24    On and after January 1, 2016, the Department shall ensure
25that all networks of care for adult clients of the Department
26include access to at least one breast imaging Center of

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1Imaging Excellence as certified by the American College of
2Radiology.
3    On and after January 1, 2012, providers participating in a
4quality improvement program approved by the Department shall
5be reimbursed for screening and diagnostic mammography at the
6same rate as the Medicare program's rates, including the
7increased reimbursement for digital mammography and, after
8January 1, 2023 (the effective date of Public Act 102-1018),
9breast tomosynthesis.
10    The Department shall convene an expert panel including
11representatives of hospitals, free-standing mammography
12facilities, and doctors, including radiologists, to establish
13quality standards for mammography.
14    On and after January 1, 2017, providers participating in a
15breast cancer treatment quality improvement program approved
16by the Department shall be reimbursed for breast cancer
17treatment at a rate that is no lower than 95% of the Medicare
18program's rates for the data elements included in the breast
19cancer treatment quality program.
20    The Department shall convene an expert panel, including
21representatives of hospitals, free-standing breast cancer
22treatment centers, breast cancer quality organizations, and
23doctors, including breast surgeons, reconstructive breast
24surgeons, oncologists, and primary care providers to establish
25quality standards for breast cancer treatment.
26    Subject to federal approval, the Department shall

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1establish a rate methodology for mammography at federally
2qualified health centers and other encounter-rate clinics.
3These clinics or centers may also collaborate with other
4hospital-based mammography facilities. By January 1, 2016, the
5Department shall report to the General Assembly on the status
6of the provision set forth in this paragraph.
7    The Department shall establish a methodology to remind
8individuals who are age-appropriate for screening mammography,
9but who have not received a mammogram within the previous 18
10months, of the importance and benefit of screening
11mammography. The Department shall work with experts in breast
12cancer outreach and patient navigation to optimize these
13reminders and shall establish a methodology for evaluating
14their effectiveness and modifying the methodology based on the
15evaluation.
16    The Department shall establish a performance goal for
17primary care providers with respect to their female patients
18over age 40 receiving an annual mammogram. This performance
19goal shall be used to provide additional reimbursement in the
20form of a quality performance bonus to primary care providers
21who meet that goal.
22    The Department shall devise a means of case-managing or
23patient navigation for beneficiaries diagnosed with breast
24cancer. This program shall initially operate as a pilot
25program in areas of the State with the highest incidence of
26mortality related to breast cancer. At least one pilot program

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1site shall be in the metropolitan Chicago area and at least one
2site shall be outside the metropolitan Chicago area. On or
3after July 1, 2016, the pilot program shall be expanded to
4include one site in western Illinois, one site in southern
5Illinois, one site in central Illinois, and 4 sites within
6metropolitan Chicago. An evaluation of the pilot program shall
7be carried out measuring health outcomes and cost of care for
8those served by the pilot program compared to similarly
9situated patients who are not served by the pilot program.
10    The Department shall require all networks of care to
11develop a means either internally or by contract with experts
12in navigation and community outreach to navigate cancer
13patients to comprehensive care in a timely fashion. The
14Department shall require all networks of care to include
15access for patients diagnosed with cancer to at least one
16academic commission on cancer-accredited cancer program as an
17in-network covered benefit.
18    The Department shall provide coverage and reimbursement
19for a human papillomavirus (HPV) vaccine that is approved for
20marketing by the federal Food and Drug Administration for all
21persons between the ages of 9 and 45. Subject to federal
22approval, the Department shall provide coverage and
23reimbursement for a human papillomavirus (HPV) vaccine for
24persons of the age of 46 and above who have been diagnosed with
25cervical dysplasia with a high risk of recurrence or
26progression. The Department shall disallow any

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1preauthorization requirements for the administration of the
2human papillomavirus (HPV) vaccine.
3    On or after July 1, 2022, individuals who are otherwise
4eligible for medical assistance under this Article shall
5receive coverage for perinatal depression screenings for the
612-month period beginning on the last day of their pregnancy.
7Medical assistance coverage under this paragraph shall be
8conditioned on the use of a screening instrument approved by
9the Department.
10    Any medical or health care provider shall immediately
11recommend, to any pregnant individual who is being provided
12prenatal services and is suspected of having a substance use
13disorder as defined in the Substance Use Disorder Act,
14referral to a local substance use disorder treatment program
15licensed by the Department of Human Services or to a licensed
16hospital which provides substance abuse treatment services.
17The Department of Healthcare and Family Services shall assure
18coverage for the cost of treatment of the drug abuse or
19addiction for pregnant recipients in accordance with the
20Illinois Medicaid Program in conjunction with the Department
21of Human Services.
22    All medical providers providing medical assistance to
23pregnant individuals under this Code shall receive information
24from the Department on the availability of services under any
25program providing case management services for addicted
26individuals, including information on appropriate referrals

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1for other social services that may be needed by addicted
2individuals in addition to treatment for addiction.
3    The Illinois Department, in cooperation with the
4Departments of Human Services (as successor to the Department
5of Alcoholism and Substance Abuse) and Public Health, through
6a public awareness campaign, may provide information
7concerning treatment for alcoholism and drug abuse and
8addiction, prenatal health care, and other pertinent programs
9directed at reducing the number of drug-affected infants born
10to recipients of medical assistance.
11    Neither the Department of Healthcare and Family Services
12nor the Department of Human Services shall sanction the
13recipient solely on the basis of the recipient's substance
14abuse.
15    The Illinois Department shall establish such regulations
16governing the dispensing of health services under this Article
17as it shall deem appropriate. The Department should seek the
18advice of formal professional advisory committees appointed by
19the Director of the Illinois Department for the purpose of
20providing regular advice on policy and administrative matters,
21information dissemination and educational activities for
22medical and health care providers, and consistency in
23procedures to the Illinois Department.
24    The Illinois Department may develop and contract with
25Partnerships of medical providers to arrange medical services
26for persons eligible under Section 5-2 of this Code.

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1Implementation of this Section may be by demonstration
2projects in certain geographic areas. The Partnership shall be
3represented by a sponsor organization. The Department, by
4rule, shall develop qualifications for sponsors of
5Partnerships. Nothing in this Section shall be construed to
6require that the sponsor organization be a medical
7organization.
8    The sponsor must negotiate formal written contracts with
9medical providers for physician services, inpatient and
10outpatient hospital care, home health services, treatment for
11alcoholism and substance abuse, and other services determined
12necessary by the Illinois Department by rule for delivery by
13Partnerships. Physician services must include prenatal and
14obstetrical care. The Illinois Department shall reimburse
15medical services delivered by Partnership providers to clients
16in target areas according to provisions of this Article and
17the Illinois Health Finance Reform Act, except that:
18        (1) Physicians participating in a Partnership and
19 providing certain services, which shall be determined by
20 the Illinois Department, to persons in areas covered by
21 the Partnership may receive an additional surcharge for
22 such services.
23        (2) The Department may elect to consider and negotiate
24 financial incentives to encourage the development of
25 Partnerships and the efficient delivery of medical care.
26        (3) Persons receiving medical services through

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1 Partnerships may receive medical and case management
2 services above the level usually offered through the
3 medical assistance program.
4    Medical providers shall be required to meet certain
5qualifications to participate in Partnerships to ensure the
6delivery of high quality medical services. These
7qualifications shall be determined by rule of the Illinois
8Department and may be higher than qualifications for
9participation in the medical assistance program. Partnership
10sponsors may prescribe reasonable additional qualifications
11for participation by medical providers, only with the prior
12written approval of the Illinois Department.
13    Nothing in this Section shall limit the free choice of
14practitioners, hospitals, and other providers of medical
15services by clients. In order to ensure patient freedom of
16choice, the Illinois Department shall immediately promulgate
17all rules and take all other necessary actions so that
18provided services may be accessed from therapeutically
19certified optometrists to the full extent of the Illinois
20Optometric Practice Act of 1987 without discriminating between
21service providers.
22    The Department shall apply for a waiver from the United
23States Health Care Financing Administration to allow for the
24implementation of Partnerships under this Section.
25    The Illinois Department shall require health care
26providers to maintain records that document the medical care

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1and services provided to recipients of Medical Assistance
2under this Article. Such records must be retained for a period
3of not less than 6 years from the date of service or as
4provided by applicable State law, whichever period is longer,
5except that if an audit is initiated within the required
6retention period then the records must be retained until the
7audit is completed and every exception is resolved. The
8Illinois Department shall require health care providers to
9make available, when authorized by the patient, in writing,
10the medical records in a timely fashion to other health care
11providers who are treating or serving persons eligible for
12Medical Assistance under this Article. All dispensers of
13medical services shall be required to maintain and retain
14business and professional records sufficient to fully and
15accurately document the nature, scope, details and receipt of
16the health care provided to persons eligible for medical
17assistance under this Code, in accordance with regulations
18promulgated by the Illinois Department. The rules and
19regulations shall require that proof of the receipt of
20prescription drugs, dentures, prosthetic devices and
21eyeglasses by eligible persons under this Section accompany
22each claim for reimbursement submitted by the dispenser of
23such medical services. No such claims for reimbursement shall
24be approved for payment by the Illinois Department without
25such proof of receipt, unless the Illinois Department shall
26have put into effect and shall be operating a system of

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1post-payment audit and review which shall, on a sampling
2basis, be deemed adequate by the Illinois Department to assure
3that such drugs, dentures, prosthetic devices and eyeglasses
4for which payment is being made are actually being received by
5eligible recipients. Within 90 days after September 16, 1984
6(the effective date of Public Act 83-1439), the Illinois
7Department shall establish a current list of acquisition costs
8for all prosthetic devices and any other items recognized as
9medical equipment and supplies reimbursable under this Article
10and shall update such list on a quarterly basis, except that
11the acquisition costs of all prescription drugs shall be
12updated no less frequently than every 30 days as required by
13Section 5-5.12.
14    Notwithstanding any other law to the contrary, the
15Illinois Department shall, within 365 days after July 22, 2013
16(the effective date of Public Act 98-104), establish
17procedures to permit skilled care facilities licensed under
18the Nursing Home Care Act to submit monthly billing claims for
19reimbursement purposes. Following development of these
20procedures, the Department shall, by July 1, 2016, test the
21viability of the new system and implement any necessary
22operational or structural changes to its information
23technology platforms in order to allow for the direct
24acceptance and payment of nursing home claims.
25    Notwithstanding any other law to the contrary, the
26Illinois Department shall, within 365 days after August 15,

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12014 (the effective date of Public Act 98-963), establish
2procedures to permit ID/DD facilities licensed under the ID/DD
3Community Care Act and MC/DD facilities licensed under the
4MC/DD Act to submit monthly billing claims for reimbursement
5purposes. Following development of these procedures, the
6Department shall have an additional 365 days to test the
7viability of the new system and to ensure that any necessary
8operational or structural changes to its information
9technology platforms are implemented.
10    The Illinois Department shall require all dispensers of
11medical services, other than an individual practitioner or
12group of practitioners, desiring to participate in the Medical
13Assistance program established under this Article to disclose
14all financial, beneficial, ownership, equity, surety or other
15interests in any and all firms, corporations, partnerships,
16associations, business enterprises, joint ventures, agencies,
17institutions or other legal entities providing any form of
18health care services in this State under this Article.
19    The Illinois Department may require that all dispensers of
20medical services desiring to participate in the medical
21assistance program established under this Article disclose,
22under such terms and conditions as the Illinois Department may
23by rule establish, all inquiries from clients and attorneys
24regarding medical bills paid by the Illinois Department, which
25inquiries could indicate potential existence of claims or
26liens for the Illinois Department.

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1    Enrollment of a vendor shall be subject to a provisional
2period and shall be conditional for one year. During the
3period of conditional enrollment, the Department may terminate
4the vendor's eligibility to participate in, or may disenroll
5the vendor from, the medical assistance program without cause.
6Unless otherwise specified, such termination of eligibility or
7disenrollment is not subject to the Department's hearing
8process. However, a disenrolled vendor may reapply without
9penalty.
10    The Department has the discretion to limit the conditional
11enrollment period for vendors based upon the category of risk
12of the vendor.
13    Prior to enrollment and during the conditional enrollment
14period in the medical assistance program, all vendors shall be
15subject to enhanced oversight, screening, and review based on
16the risk of fraud, waste, and abuse that is posed by the
17category of risk of the vendor. The Illinois Department shall
18establish the procedures for oversight, screening, and review,
19which may include, but need not be limited to: criminal and
20financial background checks; fingerprinting; license,
21certification, and authorization verifications; unscheduled or
22unannounced site visits; database checks; prepayment audit
23reviews; audits; payment caps; payment suspensions; and other
24screening as required by federal or State law.
25    The Department shall define or specify the following: (i)
26by provider notice, the "category of risk of the vendor" for

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1each type of vendor, which shall take into account the level of
2screening applicable to a particular category of vendor under
3federal law and regulations; (ii) by rule or provider notice,
4the maximum length of the conditional enrollment period for
5each category of risk of the vendor; and (iii) by rule, the
6hearing rights, if any, afforded to a vendor in each category
7of risk of the vendor that is terminated or disenrolled during
8the conditional enrollment period.
9    To be eligible for payment consideration, a vendor's
10payment claim or bill, either as an initial claim or as a
11resubmitted claim following prior rejection, must be received
12by the Illinois Department, or its fiscal intermediary, no
13later than 180 days after the latest date on the claim on which
14medical goods or services were provided, with the following
15exceptions:
16        (1) In the case of a provider whose enrollment is in
17 process by the Illinois Department, the 180-day period
18 shall not begin until the date on the written notice from
19 the Illinois Department that the provider enrollment is
20 complete.
21        (2) In the case of errors attributable to the Illinois
22 Department or any of its claims processing intermediaries
23 which result in an inability to receive, process, or
24 adjudicate a claim, the 180-day period shall not begin
25 until the provider has been notified of the error.
26        (3) In the case of a provider for whom the Illinois

HB1504- 24 -LRB104 08529 KTG 18581 b
1 Department initiates the monthly billing process.
2        (4) In the case of a provider operated by a unit of
3 local government with a population exceeding 3,000,000
4 when local government funds finance federal participation
5 for claims payments.
6    For claims for services rendered during a period for which
7a recipient received retroactive eligibility, claims must be
8filed within 180 days after the Department determines the
9applicant is eligible. For claims for which the Illinois
10Department is not the primary payer, claims must be submitted
11to the Illinois Department within 180 days after the final
12adjudication by the primary payer.
13    In the case of long term care facilities, within 120
14calendar days of receipt by the facility of required
15prescreening information, new admissions with associated
16admission documents shall be submitted through the Medical
17Electronic Data Interchange (MEDI) or the Recipient
18Eligibility Verification (REV) System or shall be submitted
19directly to the Department of Human Services using required
20admission forms. Effective September 1, 2014, admission
21documents, including all prescreening information, must be
22submitted through MEDI or REV. Confirmation numbers assigned
23to an accepted transaction shall be retained by a facility to
24verify timely submittal. Once an admission transaction has
25been completed, all resubmitted claims following prior
26rejection are subject to receipt no later than 180 days after

HB1504- 25 -LRB104 08529 KTG 18581 b
1the admission transaction has been completed.
2    Claims that are not submitted and received in compliance
3with the foregoing requirements shall not be eligible for
4payment under the medical assistance program, and the State
5shall have no liability for payment of those claims.
6    To the extent consistent with applicable information and
7privacy, security, and disclosure laws, State and federal
8agencies and departments shall provide the Illinois Department
9access to confidential and other information and data
10necessary to perform eligibility and payment verifications and
11other Illinois Department functions. This includes, but is not
12limited to: information pertaining to licensure;
13certification; earnings; immigration status; citizenship; wage
14reporting; unearned and earned income; pension income;
15employment; supplemental security income; social security
16numbers; National Provider Identifier (NPI) numbers; the
17National Practitioner Data Bank (NPDB); program and agency
18exclusions; taxpayer identification numbers; tax delinquency;
19corporate information; and death records.
20    The Illinois Department shall enter into agreements with
21State agencies and departments, and is authorized to enter
22into agreements with federal agencies and departments, under
23which such agencies and departments shall share data necessary
24for medical assistance program integrity functions and
25oversight. The Illinois Department shall develop, in
26cooperation with other State departments and agencies, and in

HB1504- 26 -LRB104 08529 KTG 18581 b
1compliance with applicable federal laws and regulations,
2appropriate and effective methods to share such data. At a
3minimum, and to the extent necessary to provide data sharing,
4the Illinois Department shall enter into agreements with State
5agencies and departments, and is authorized to enter into
6agreements with federal agencies and departments, including,
7but not limited to: the Secretary of State; the Department of
8Revenue; the Department of Public Health; the Department of
9Human Services; and the Department of Financial and
10Professional Regulation.
11    Beginning in fiscal year 2013, the Illinois Department
12shall set forth a request for information to identify the
13benefits of a pre-payment, post-adjudication, and post-edit
14claims system with the goals of streamlining claims processing
15and provider reimbursement, reducing the number of pending or
16rejected claims, and helping to ensure a more transparent
17adjudication process through the utilization of: (i) provider
18data verification and provider screening technology; and (ii)
19clinical code editing; and (iii) pre-pay, pre-adjudicated, or
20post-adjudicated predictive modeling with an integrated case
21management system with link analysis. Such a request for
22information shall not be considered as a request for proposal
23or as an obligation on the part of the Illinois Department to
24take any action or acquire any products or services.
25    The Illinois Department shall establish policies,
26procedures, standards and criteria by rule for the

HB1504- 27 -LRB104 08529 KTG 18581 b
1acquisition, repair and replacement of orthotic and prosthetic
2devices and durable medical equipment. Such rules shall
3provide, but not be limited to, the following services: (1)
4immediate repair or replacement of such devices by recipients;
5and (2) rental, lease, purchase or lease-purchase of durable
6medical equipment in a cost-effective manner, taking into
7consideration the recipient's medical prognosis, the extent of
8the recipient's needs, and the requirements and costs for
9maintaining such equipment. Subject to prior approval, such
10rules shall enable a recipient to temporarily acquire and use
11alternative or substitute devices or equipment pending repairs
12or replacements of any device or equipment previously
13authorized for such recipient by the Department.
14Notwithstanding any provision of Section 5-5f to the contrary,
15the Department may, by rule, exempt certain replacement
16wheelchair parts from prior approval and, for wheelchairs,
17wheelchair parts, wheelchair accessories, and related seating
18and positioning items, determine the wholesale price by
19methods other than actual acquisition costs.
20    The Department shall require, by rule, all providers of
21durable medical equipment to be accredited by an accreditation
22organization approved by the federal Centers for Medicare and
23Medicaid Services and recognized by the Department in order to
24bill the Department for providing durable medical equipment to
25recipients. No later than 15 months after the effective date
26of the rule adopted pursuant to this paragraph, all providers

HB1504- 28 -LRB104 08529 KTG 18581 b
1must meet the accreditation requirement.
2    In order to promote environmental responsibility, meet the
3needs of recipients and enrollees, and achieve significant
4cost savings, the Department, or a managed care organization
5under contract with the Department, may provide recipients or
6managed care enrollees who have a prescription or Certificate
7of Medical Necessity access to refurbished durable medical
8equipment under this Section (excluding prosthetic and
9orthotic devices as defined in the Orthotics, Prosthetics, and
10Pedorthics Practice Act and complex rehabilitation technology
11products and associated services) through the State's
12assistive technology program's reutilization program, using
13staff with the Assistive Technology Professional (ATP)
14Certification if the refurbished durable medical equipment:
15(i) is available; (ii) is less expensive, including shipping
16costs, than new durable medical equipment of the same type;
17(iii) is able to withstand at least 3 years of use; (iv) is
18cleaned, disinfected, sterilized, and safe in accordance with
19federal Food and Drug Administration regulations and guidance
20governing the reprocessing of medical devices in health care
21settings; and (v) equally meets the needs of the recipient or
22enrollee. The reutilization program shall confirm that the
23recipient or enrollee is not already in receipt of the same or
24similar equipment from another service provider, and that the
25refurbished durable medical equipment equally meets the needs
26of the recipient or enrollee. Nothing in this paragraph shall

HB1504- 29 -LRB104 08529 KTG 18581 b
1be construed to limit recipient or enrollee choice to obtain
2new durable medical equipment or place any additional prior
3authorization conditions on enrollees of managed care
4organizations.
5    The Department shall execute, relative to the nursing home
6prescreening project, written inter-agency agreements with the
7Department of Human Services and the Department on Aging, to
8effect the following: (i) intake procedures and common
9eligibility criteria for those persons who are receiving
10non-institutional services; and (ii) the establishment and
11development of non-institutional services in areas of the
12State where they are not currently available or are
13undeveloped; and (iii) notwithstanding any other provision of
14law, subject to federal approval, on and after July 1, 2012, an
15increase in the determination of need (DON) scores from 29 to
1637 for applicants for institutional and home and
17community-based long term care; if and only if federal
18approval is not granted, the Department may, in conjunction
19with other affected agencies, implement utilization controls
20or changes in benefit packages to effectuate a similar savings
21amount for this population; and (iv) no later than July 1,
222013, minimum level of care eligibility criteria for
23institutional and home and community-based long term care; and
24(v) no later than October 1, 2013, establish procedures to
25permit long term care providers access to eligibility scores
26for individuals with an admission date who are seeking or

HB1504- 30 -LRB104 08529 KTG 18581 b
1receiving services from the long term care provider. In order
2to select the minimum level of care eligibility criteria, the
3Governor shall establish a workgroup that includes affected
4agency representatives and stakeholders representing the
5institutional and home and community-based long term care
6interests. This Section shall not restrict the Department from
7implementing lower level of care eligibility criteria for
8community-based services in circumstances where federal
9approval has been granted.
10    The Illinois Department shall develop and operate, in
11cooperation with other State Departments and agencies and in
12compliance with applicable federal laws and regulations,
13appropriate and effective systems of health care evaluation
14and programs for monitoring of utilization of health care
15services and facilities, as it affects persons eligible for
16medical assistance under this Code.
17    The Illinois Department shall report annually to the
18General Assembly, no later than the second Friday in April of
191979 and each year thereafter, in regard to:
20        (a) actual statistics and trends in utilization of
21 medical services by public aid recipients;
22        (b) actual statistics and trends in the provision of
23 the various medical services by medical vendors;
24        (c) current rate structures and proposed changes in
25 those rate structures for the various medical vendors; and
26        (d) efforts at utilization review and control by the

HB1504- 31 -LRB104 08529 KTG 18581 b
1 Illinois Department.
2    The period covered by each report shall be the 3 years
3ending on the June 30 prior to the report. The report shall
4include suggested legislation for consideration by the General
5Assembly. The requirement for reporting to the General
6Assembly shall be satisfied by filing copies of the report as
7required by Section 3.1 of the General Assembly Organization
8Act, and filing such additional copies with the State
9Government Report Distribution Center for the General Assembly
10as is required under paragraph (t) of Section 7 of the State
11Library Act.
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
21of reimbursement for services or other payments in accordance
22with Section 5-5e.
23    Because kidney transplantation can be an appropriate,
24cost-effective alternative to renal dialysis when medically
25necessary and notwithstanding the provisions of Section 1-11
26of this Code, beginning October 1, 2014, the Department shall

HB1504- 32 -LRB104 08529 KTG 18581 b
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
4of this Code, and who would otherwise meet the financial
5requirements of the appropriate class of eligible persons
6under Section 5-2 of this Code. To qualify for coverage of
7kidney transplantation, such person must be receiving
8emergency renal dialysis services covered by the Department.
9Providers under this Section shall be prior approved and
10certified by the Department to perform kidney transplantation
11and the services under this Section shall be limited to
12services associated with kidney transplantation.
13    Notwithstanding any other provision of this Code to the
14contrary, on or after July 1, 2015, all FDA-approved FDA
15approved forms of medication assisted treatment prescribed for
16the treatment of alcohol dependence or treatment of opioid
17dependence shall be covered under both fee-for-service and
18managed care medical assistance programs for persons who are
19otherwise eligible for medical assistance under this Article
20and shall not be subject to any (1) utilization control, other
21than those established under the American Society of Addiction
22Medicine patient placement criteria, (2) prior authorization
23mandate, (3) lifetime restriction limit mandate, or (4)
24limitations on dosage.
25    On or after July 1, 2015, opioid antagonists prescribed
26for the treatment of an opioid overdose, including the

HB1504- 33 -LRB104 08529 KTG 18581 b
1medication product, administration devices, and any pharmacy
2fees or hospital fees related to the dispensing, distribution,
3and administration of the opioid antagonist, shall be covered
4under the medical assistance program for persons who are
5otherwise eligible for medical assistance under this Article.
6As used in this Section, "opioid antagonist" means a drug that
7binds to opioid receptors and blocks or inhibits the effect of
8opioids acting on those receptors, including, but not limited
9to, naloxone hydrochloride or any other similarly acting drug
10approved by the U.S. Food and Drug Administration. The
11Department shall not impose a copayment on the coverage
12provided for naloxone hydrochloride under the medical
13assistance program.
14    Upon federal approval, the Department shall provide
15coverage and reimbursement for all drugs that are approved for
16marketing by the federal Food and Drug Administration and that
17are recommended by the federal Public Health Service or the
18United States Centers for Disease Control and Prevention for
19pre-exposure prophylaxis and related pre-exposure prophylaxis
20services, including, but not limited to, HIV and sexually
21transmitted infection screening, treatment for sexually
22transmitted infections, medical monitoring, assorted labs, and
23counseling to reduce the likelihood of HIV infection among
24individuals who are not infected with HIV but who are at high
25risk of HIV infection.
26    A federally qualified health center, as defined in Section

HB1504- 34 -LRB104 08529 KTG 18581 b
11905(l)(2)(B) of the federal Social Security Act, shall be
2reimbursed by the Department in accordance with the federally
3qualified health center's encounter rate for services provided
4to medical assistance recipients that are performed by a
5dental hygienist, as defined under the Illinois Dental
6Practice Act, working under the general supervision of a
7dentist and employed by a federally qualified health center.
8    Within 90 days after October 8, 2021 (the effective date
9of Public Act 102-665), the Department shall seek federal
10approval of a State Plan amendment to expand coverage for
11family planning services that includes presumptive eligibility
12to individuals whose income is at or below 208% of the federal
13poverty level. Coverage under this Section shall be effective
14beginning no later than December 1, 2022.
15    Subject to approval by the federal Centers for Medicare
16and Medicaid Services of a Title XIX State Plan amendment
17electing the Program of All-Inclusive Care for the Elderly
18(PACE) as a State Medicaid option, as provided for by Subtitle
19I (commencing with Section 4801) of Title IV of the Balanced
20Budget Act of 1997 (Public Law 105-33) and Part 460
21(commencing with Section 460.2) of Subchapter E of Title 42 of
22the Code of Federal Regulations, PACE program services shall
23become a covered benefit of the medical assistance program,
24subject to criteria established in accordance with all
25applicable laws.
26    Notwithstanding any other provision of this Code,

HB1504- 35 -LRB104 08529 KTG 18581 b
1community-based pediatric palliative care from a trained
2interdisciplinary team shall be covered under the medical
3assistance program as provided in Section 15 of the Pediatric
4Palliative Care Act.
5    Notwithstanding any other provision of this Code, within
612 months after June 2, 2022 (the effective date of Public Act
7102-1037) and subject to federal approval, acupuncture
8services performed by an acupuncturist licensed under the
9Acupuncture Practice Act who is acting within the scope of his
10or her license shall be covered under the medical assistance
11program. The Department shall apply for any federal waiver or
12State Plan amendment, if required, to implement this
13paragraph. The Department may adopt any rules, including
14standards and criteria, necessary to implement this paragraph.
15    Notwithstanding any other provision of this Code, the
16medical assistance program shall, subject to federal approval,
17reimburse hospitals for costs associated with a newborn
18screening test for the presence of metachromatic
19leukodystrophy, as required under the Newborn Metabolic
20Screening Act, at a rate not less than the fee charged by the
21Department of Public Health. Notwithstanding any other
22provision of this Code, the medical assistance program shall,
23subject to appropriation and federal approval, also reimburse
24hospitals for costs associated with all newborn screening
25tests added on and after August 9, 2024 (the effective date of
26Public Act 103-909) this amendatory Act of the 103rd General

HB1504- 36 -LRB104 08529 KTG 18581 b
1Assembly to the Newborn Metabolic Screening Act and required
2to be performed under that Act at a rate not less than the fee
3charged by the Department of Public Health. The Department
4shall seek federal approval before the implementation of the
5newborn screening test fees by the Department of Public
6Health.
7    Notwithstanding any other provision of this Code,
8beginning on January 1, 2024, subject to federal approval,
9cognitive assessment and care planning services provided to a
10person who experiences signs or symptoms of cognitive
11impairment, as defined by the Diagnostic and Statistical
12Manual of Mental Disorders, Fifth Edition, shall be covered
13under the medical assistance program for persons who are
14otherwise eligible for medical assistance under this Article.
15    Notwithstanding any other provision of this Code,
16medically necessary reconstructive services that are intended
17to restore physical appearance shall be covered under the
18medical assistance program for persons who are otherwise
19eligible for medical assistance under this Article. As used in
20this paragraph, "reconstructive services" means treatments
21performed on structures of the body damaged by trauma to
22restore physical appearance.
23    No later than July 1, 2025, over-the-counter choline
24dietary supplements for pregnant persons shall be covered
25under the medical assistance program.    
26(Source: P.A. 102-43, Article 30, Section 30-5, eff. 7-6-21;

HB1504- 37 -LRB104 08529 KTG 18581 b
1102-43, Article 35, Section 35-5, eff. 7-6-21; 102-43, Article
255, Section 55-5, eff. 7-6-21; 102-95, eff. 1-1-22; 102-123,
3eff. 1-1-22; 102-558, eff. 8-20-21; 102-598, eff. 1-1-22;
4102-655, eff. 1-1-22; 102-665, eff. 10-8-21; 102-813, eff.
55-13-22; 102-1018, eff. 1-1-23; 102-1037, eff. 6-2-22;
6102-1038, eff. 1-1-23; 103-102, Article 15, Section 15-5, eff.
71-1-24; 103-102, Article 95, Section 95-15, eff. 1-1-24;
8103-123, eff. 1-1-24; 103-154, eff. 6-30-23; 103-368, eff.
91-1-24; 103-593, Article 5, Section 5-5, eff. 6-7-24; 103-593,
10Article 90, Section 90-5, eff. 6-7-24; 103-605, eff. 7-1-24;
11103-909, eff. 8-9-24; 103-1040, eff. 8-9-24; revised
1210-10-24.)
13    (Text of Section after amendment by P.A. 103-808)
14    Sec. 5-5. Medical services. The Illinois Department, by
15rule, shall determine the quantity and quality of and the rate
16of reimbursement for the medical assistance for which payment
17will be authorized, and the medical services to be provided,
18which may include all or part of the following: (1) inpatient
19hospital services; (2) outpatient hospital services; (3) other
20laboratory and X-ray services; (4) skilled nursing home
21services; (5) physicians' services whether furnished in the
22office, the patient's home, a hospital, a skilled nursing
23home, or elsewhere; (6) medical care, or any other type of
24remedial care furnished by licensed practitioners; (7) home
25health care services; (8) private duty nursing service; (9)

HB1504- 38 -LRB104 08529 KTG 18581 b
1clinic services; (10) dental services, including prevention
2and treatment of periodontal disease and dental caries disease
3for pregnant individuals, provided by an individual licensed
4to practice dentistry or dental surgery; for purposes of this
5item (10), "dental services" means diagnostic, preventive, or
6corrective procedures provided by or under the supervision of
7a dentist in the practice of his or her profession; (11)
8physical therapy and related services; (12) prescribed drugs,
9dentures, and prosthetic devices; and eyeglasses prescribed by
10a physician skilled in the diseases of the eye, or by an
11optometrist, whichever the person may select; (13) other
12diagnostic, screening, preventive, and rehabilitative
13services, including to ensure that the individual's need for
14intervention or treatment of mental disorders or substance use
15disorders or co-occurring mental health and substance use
16disorders is determined using a uniform screening, assessment,
17and evaluation process inclusive of criteria, for children and
18adults; for purposes of this item (13), a uniform screening,
19assessment, and evaluation process refers to a process that
20includes an appropriate evaluation and, as warranted, a
21referral; "uniform" does not mean the use of a singular
22instrument, tool, or process that all must utilize; (14)
23transportation and such other expenses as may be necessary;
24(15) medical treatment of sexual assault survivors, as defined
25in Section 1a of the Sexual Assault Survivors Emergency
26Treatment Act, for injuries sustained as a result of the

HB1504- 39 -LRB104 08529 KTG 18581 b
1sexual assault, including examinations and laboratory tests to
2discover evidence which may be used in criminal proceedings
3arising from the sexual assault; (16) the diagnosis and
4treatment of sickle cell anemia; (16.5) services performed by
5a chiropractic physician licensed under the Medical Practice
6Act of 1987 and acting within the scope of his or her license,
7including, but not limited to, chiropractic manipulative
8treatment; and (17) any other medical care, and any other type
9of remedial care recognized under the laws of this State. The
10term "any other type of remedial care" shall include nursing
11care and nursing home service for persons who rely on
12treatment by spiritual means alone through prayer for healing.
13    Notwithstanding any other provision of this Section, a
14comprehensive tobacco use cessation program that includes
15purchasing prescription drugs or prescription medical devices
16approved by the Food and Drug Administration shall be covered
17under the medical assistance program under this Article for
18persons who are otherwise eligible for assistance under this
19Article.
20    Notwithstanding any other provision of this Code,
21reproductive health care that is otherwise legal in Illinois
22shall be covered under the medical assistance program for
23persons who are otherwise eligible for medical assistance
24under this Article.
25    Notwithstanding any other provision of this Section, all
26tobacco cessation medications approved by the United States

HB1504- 40 -LRB104 08529 KTG 18581 b
1Food and Drug Administration and all individual and group
2tobacco cessation counseling services and telephone-based
3counseling services and tobacco cessation medications provided
4through the Illinois Tobacco Quitline shall be covered under
5the medical assistance program for persons who are otherwise
6eligible for assistance under this Article. The Department
7shall comply with all federal requirements necessary to obtain
8federal financial participation, as specified in 42 CFR
9433.15(b)(7), for telephone-based counseling services provided
10through the Illinois Tobacco Quitline, including, but not
11limited to: (i) entering into a memorandum of understanding or
12interagency agreement with the Department of Public Health, as
13administrator of the Illinois Tobacco Quitline; and (ii)
14developing a cost allocation plan for Medicaid-allowable
15Illinois Tobacco Quitline services in accordance with 45 CFR
1695.507. The Department shall submit the memorandum of
17understanding or interagency agreement, the cost allocation
18plan, and all other necessary documentation to the Centers for
19Medicare and Medicaid Services for review and approval.
20Coverage under this paragraph shall be contingent upon federal
21approval.
22    Notwithstanding any other provision of this Code, the
23Illinois Department may not require, as a condition of payment
24for any laboratory test authorized under this Article, that a
25physician's handwritten signature appear on the laboratory
26test order form. The Illinois Department may, however, impose

HB1504- 41 -LRB104 08529 KTG 18581 b
1other appropriate requirements regarding laboratory test order
2documentation.
3    Upon receipt of federal approval of an amendment to the
4Illinois Title XIX State Plan for this purpose, the Department
5shall authorize the Chicago Public Schools (CPS) to procure a
6vendor or vendors to manufacture eyeglasses for individuals
7enrolled in a school within the CPS system. CPS shall ensure
8that its vendor or vendors are enrolled as providers in the
9medical assistance program and in any capitated Medicaid
10managed care entity (MCE) serving individuals enrolled in a
11school within the CPS system. Under any contract procured
12under this provision, the vendor or vendors must serve only
13individuals enrolled in a school within the CPS system. Claims
14for services provided by CPS's vendor or vendors to recipients
15of benefits in the medical assistance program under this Code,
16the Children's Health Insurance Program, or the Covering ALL
17KIDS Health Insurance Program shall be submitted to the
18Department or the MCE in which the individual is enrolled for
19payment and shall be reimbursed at the Department's or the
20MCE's established rates or rate methodologies for eyeglasses.
21    On and after July 1, 2012, the Department of Healthcare
22and Family Services may provide the following services to
23persons eligible for assistance under this Article who are
24participating in education, training or employment programs
25operated by the Department of Human Services as successor to
26the Department of Public Aid:

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1        (1) dental services provided by or under the
2 supervision of a dentist; and
3        (2) eyeglasses prescribed by a physician skilled in
4 the diseases of the eye, or by an optometrist, whichever
5 the person may select.
6    On and after July 1, 2018, the Department of Healthcare
7and Family Services shall provide dental services to any adult
8who is otherwise eligible for assistance under the medical
9assistance program. As used in this paragraph, "dental
10services" means diagnostic, preventative, restorative, or
11corrective procedures, including procedures and services for
12the prevention and treatment of periodontal disease and dental
13caries disease, provided by an individual who is licensed to
14practice dentistry or dental surgery or who is under the
15supervision of a dentist in the practice of his or her
16profession.
17    On and after July 1, 2018, targeted dental services, as
18set forth in Exhibit D of the Consent Decree entered by the
19United States District Court for the Northern District of
20Illinois, Eastern Division, in the matter of Memisovski v.
21Maram, Case No. 92 C 1982, that are provided to adults under
22the medical assistance program shall be established at no less
23than the rates set forth in the "New Rate" column in Exhibit D
24of the Consent Decree for targeted dental services that are
25provided to persons under the age of 18 under the medical
26assistance program.

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1    Subject to federal approval, on and after January 1, 2025,
2the rates paid for sedation evaluation and the provision of
3deep sedation and intravenous sedation for the purpose of
4dental services shall be increased by 33% above the rates in
5effect on December 31, 2024. The rates paid for nitrous oxide
6sedation shall not be impacted by this paragraph and shall
7remain the same as the rates in effect on December 31, 2024.
8    Notwithstanding any other provision of this Code and
9subject to federal approval, the Department may adopt rules to
10allow a dentist who is volunteering his or her service at no
11cost to render dental services through an enrolled
12not-for-profit health clinic without the dentist personally
13enrolling as a participating provider in the medical
14assistance program. A not-for-profit health clinic shall
15include a public health clinic or Federally Qualified Health
16Center or other enrolled provider, as determined by the
17Department, through which dental services covered under this
18Section are performed. The Department shall establish a
19process for payment of claims for reimbursement for covered
20dental services rendered under this provision.
21    Subject to appropriation and to federal approval, the
22Department shall file administrative rules updating the
23Handicapping Labio-Lingual Deviation orthodontic scoring tool
24by January 1, 2025, or as soon as practicable.
25    On and after January 1, 2022, the Department of Healthcare
26and Family Services shall administer and regulate a

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1school-based dental program that allows for the out-of-office
2delivery of preventative dental services in a school setting
3to children under 19 years of age. The Department shall
4establish, by rule, guidelines for participation by providers
5and set requirements for follow-up referral care based on the
6requirements established in the Dental Office Reference Manual
7published by the Department that establishes the requirements
8for dentists participating in the All Kids Dental School
9Program. Every effort shall be made by the Department when
10developing the program requirements to consider the different
11geographic differences of both urban and rural areas of the
12State for initial treatment and necessary follow-up care. No
13provider shall be charged a fee by any unit of local government
14to participate in the school-based dental program administered
15by the Department. Nothing in this paragraph shall be
16construed to limit or preempt a home rule unit's or school
17district's authority to establish, change, or administer a
18school-based dental program in addition to, or independent of,
19the school-based dental program administered by the
20Department.
21    The Illinois Department, by rule, may distinguish and
22classify the medical services to be provided only in
23accordance with the classes of persons designated in Section
245-2.
25    The Department of Healthcare and Family Services must
26provide coverage and reimbursement for amino acid-based

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

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1 determined by a physician licensed to practice medicine in
2 all of its branches.
3        (F) A diagnostic mammogram when medically necessary,
4 as determined by a physician licensed to practice medicine
5 in all its branches, advanced practice registered nurse,
6 or physician assistant.
7        (G) Molecular breast imaging (MBI) and MRI of an
8 entire breast or breasts if a mammogram demonstrates
9 heterogeneous or dense breast tissue or when medically
10 necessary as determined by a physician licensed to
11 practice medicine in all of its branches, advanced
12 practice registered nurse, or physician assistant.
13    The Department shall not impose a deductible, coinsurance,
14copayment, or any other cost-sharing requirement on the
15coverage provided under this paragraph; except that this
16sentence does not apply to coverage of diagnostic mammograms
17to the extent such coverage would disqualify a high-deductible
18health plan from eligibility for a health savings account
19pursuant to Section 223 of the Internal Revenue Code (26
20U.S.C. 223).
21    All screenings shall include a physical breast exam,
22instruction on self-examination and information regarding the
23frequency of self-examination and its value as a preventative
24tool.
25    For purposes of this Section:
26    "Diagnostic mammogram" means a mammogram obtained using

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1diagnostic mammography.
2    "Diagnostic mammography" means a method of screening that
3is designed to evaluate an abnormality in a breast, including
4an abnormality seen or suspected on a screening mammogram or a
5subjective or objective abnormality otherwise detected in the
6breast.
7    "Low-dose mammography" means the x-ray examination of the
8breast using equipment dedicated specifically for mammography,
9including the x-ray tube, filter, compression device, and
10image receptor, with an average radiation exposure delivery of
11less than one rad per breast for 2 views of an average size
12breast. The term also includes digital mammography and
13includes breast tomosynthesis.
14    "Breast tomosynthesis" means a radiologic procedure that
15involves the acquisition of projection images over the
16stationary breast to produce cross-sectional digital
17three-dimensional images of the breast.
18    If, at any time, the Secretary of the United States
19Department of Health and Human Services, or its successor
20agency, promulgates rules or regulations to be published in
21the Federal Register or publishes a comment in the Federal
22Register or issues an opinion, guidance, or other action that
23would require the State, pursuant to any provision of the
24Patient Protection and Affordable Care Act (Public Law
25111-148), including, but not limited to, 42 U.S.C.
2618031(d)(3)(B) or any successor provision, to defray the cost

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1of any coverage for breast tomosynthesis outlined in this
2paragraph, then the requirement that an insurer cover breast
3tomosynthesis is inoperative other than any such coverage
4authorized under Section 1902 of the Social Security Act, 42
5U.S.C. 1396a, and the State shall not assume any obligation
6for the cost of coverage for breast tomosynthesis set forth in
7this paragraph.
8    On and after January 1, 2016, the Department shall ensure
9that all networks of care for adult clients of the Department
10include access to at least one breast imaging Center of
11Imaging Excellence as certified by the American College of
12Radiology.
13    On and after January 1, 2012, providers participating in a
14quality improvement program approved by the Department shall
15be reimbursed for screening and diagnostic mammography at the
16same rate as the Medicare program's rates, including the
17increased reimbursement for digital mammography and, after
18January 1, 2023 (the effective date of Public Act 102-1018),
19breast tomosynthesis.
20    The Department shall convene an expert panel including
21representatives of hospitals, free-standing mammography
22facilities, and doctors, including radiologists, to establish
23quality standards for mammography.
24    On and after January 1, 2017, providers participating in a
25breast cancer treatment quality improvement program approved
26by the Department shall be reimbursed for breast cancer

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1treatment at a rate that is no lower than 95% of the Medicare
2program's rates for the data elements included in the breast
3cancer treatment quality program.
4    The Department shall convene an expert panel, including
5representatives of hospitals, free-standing breast cancer
6treatment centers, breast cancer quality organizations, and
7doctors, including radiologists that are trained in all forms
8of FDA-approved FDA approved breast imaging technologies,
9breast surgeons, reconstructive breast surgeons, oncologists,
10and primary care providers to establish quality standards for
11breast cancer treatment.
12    Subject to federal approval, the Department shall
13establish a rate methodology for mammography at federally
14qualified health centers and other encounter-rate clinics.
15These clinics or centers may also collaborate with other
16hospital-based mammography facilities. By January 1, 2016, the
17Department shall report to the General Assembly on the status
18of the provision set forth in this paragraph.
19    The Department shall establish a methodology to remind
20individuals who are age-appropriate for screening mammography,
21but who have not received a mammogram within the previous 18
22months, of the importance and benefit of screening
23mammography. The Department shall work with experts in breast
24cancer outreach and patient navigation to optimize these
25reminders and shall establish a methodology for evaluating
26their effectiveness and modifying the methodology based on the

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1evaluation.
2    The Department shall establish a performance goal for
3primary care providers with respect to their female patients
4over age 40 receiving an annual mammogram. This performance
5goal shall be used to provide additional reimbursement in the
6form of a quality performance bonus to primary care providers
7who meet that goal.
8    The Department shall devise a means of case-managing or
9patient navigation for beneficiaries diagnosed with breast
10cancer. This program shall initially operate as a pilot
11program in areas of the State with the highest incidence of
12mortality related to breast cancer. At least one pilot program
13site shall be in the metropolitan Chicago area and at least one
14site shall be outside the metropolitan Chicago area. On or
15after July 1, 2016, the pilot program shall be expanded to
16include one site in western Illinois, one site in southern
17Illinois, one site in central Illinois, and 4 sites within
18metropolitan Chicago. An evaluation of the pilot program shall
19be carried out measuring health outcomes and cost of care for
20those served by the pilot program compared to similarly
21situated patients who are not served by the pilot program.
22    The Department shall require all networks of care to
23develop a means either internally or by contract with experts
24in navigation and community outreach to navigate cancer
25patients to comprehensive care in a timely fashion. The
26Department shall require all networks of care to include

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1access for patients diagnosed with cancer to at least one
2academic commission on cancer-accredited cancer program as an
3in-network covered benefit.
4    The Department shall provide coverage and reimbursement
5for a human papillomavirus (HPV) vaccine that is approved for
6marketing by the federal Food and Drug Administration for all
7persons between the ages of 9 and 45. Subject to federal
8approval, the Department shall provide coverage and
9reimbursement for a human papillomavirus (HPV) vaccine for
10persons of the age of 46 and above who have been diagnosed with
11cervical dysplasia with a high risk of recurrence or
12progression. The Department shall disallow any
13preauthorization requirements for the administration of the
14human papillomavirus (HPV) vaccine.
15    On or after July 1, 2022, individuals who are otherwise
16eligible for medical assistance under this Article shall
17receive coverage for perinatal depression screenings for the
1812-month period beginning on the last day of their pregnancy.
19Medical assistance coverage under this paragraph shall be
20conditioned on the use of a screening instrument approved by
21the Department.
22    Any medical or health care provider shall immediately
23recommend, to any pregnant individual who is being provided
24prenatal services and is suspected of having a substance use
25disorder as defined in the Substance Use Disorder Act,
26referral to a local substance use disorder treatment program

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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
7of Human Services.
8    All medical providers providing medical assistance to
9pregnant individuals under this Code shall receive information
10from the Department on the availability of services under any
11program providing case management services for addicted
12individuals, including information on appropriate referrals
13for other social services that may be needed by addicted
14individuals in addition to treatment for addiction.
15    The Illinois Department, in cooperation with the
16Departments of Human Services (as successor to the Department
17of Alcoholism and Substance Abuse) and Public Health, through
18a public awareness campaign, may provide information
19concerning treatment for alcoholism and drug abuse and
20addiction, prenatal health care, and other pertinent programs
21directed at reducing the number of drug-affected infants born
22to recipients of medical assistance.
23    Neither the Department of Healthcare and Family Services
24nor the Department of Human Services shall sanction the
25recipient solely on the basis of the recipient's substance
26abuse.

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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
14projects in certain geographic areas. The Partnership shall be
15represented by a sponsor organization. The Department, by
16rule, shall develop qualifications for sponsors of
17Partnerships. Nothing in this Section shall be construed to
18require that the sponsor organization be a medical
19organization.
20    The sponsor must negotiate formal written contracts with
21medical providers for physician services, inpatient and
22outpatient hospital care, home health services, treatment for
23alcoholism and substance abuse, and other services determined
24necessary by the Illinois Department by rule for delivery by
25Partnerships. Physician services must include prenatal and
26obstetrical care. The Illinois Department shall reimburse

HB1504- 54 -LRB104 08529 KTG 18581 b
1medical services delivered by Partnership providers to clients
2in target areas according to provisions of this Article and
3the Illinois Health Finance Reform Act, except that:
4        (1) Physicians participating in a Partnership and
5 providing certain services, which shall be determined by
6 the Illinois Department, to persons in areas covered by
7 the Partnership may receive an additional surcharge for
8 such services.
9        (2) The Department may elect to consider and negotiate
10 financial incentives to encourage the development of
11 Partnerships and the efficient delivery of medical care.
12        (3) Persons receiving medical services through
13 Partnerships may receive medical and case management
14 services above the level usually offered through the
15 medical assistance program.
16    Medical providers shall be required to meet certain
17qualifications to participate in Partnerships to ensure the
18delivery of high quality medical services. These
19qualifications shall be determined by rule of the Illinois
20Department and may be higher than qualifications for
21participation in the medical assistance program. Partnership
22sponsors may prescribe reasonable additional qualifications
23for participation by medical providers, only with the prior
24written approval of the Illinois Department.
25    Nothing in this Section shall limit the free choice of
26practitioners, hospitals, and other providers of medical

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

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1accurately document the nature, scope, details and receipt of
2the health care provided to persons eligible for medical
3assistance under this Code, in accordance with regulations
4promulgated by the Illinois Department. The rules and
5regulations shall require that proof of the receipt of
6prescription drugs, dentures, prosthetic devices and
7eyeglasses by eligible persons under this Section accompany
8each claim for reimbursement submitted by the dispenser of
9such medical services. No such claims for reimbursement shall
10be approved for payment by the Illinois Department without
11such proof of receipt, unless the Illinois Department shall
12have put into effect and shall be operating a system of
13post-payment audit and review which shall, on a sampling
14basis, be deemed adequate by the Illinois Department to assure
15that such drugs, dentures, prosthetic devices and eyeglasses
16for which payment is being made are actually being received by
17eligible recipients. Within 90 days after September 16, 1984
18(the effective date of Public Act 83-1439), the Illinois
19Department shall establish a current list of acquisition costs
20for all prosthetic devices and any other items recognized as
21medical equipment and supplies reimbursable under this Article
22and shall update such list on a quarterly basis, except that
23the acquisition costs of all prescription drugs shall be
24updated no less frequently than every 30 days as required by
25Section 5-5.12.
26    Notwithstanding any other law to the contrary, the

HB1504- 57 -LRB104 08529 KTG 18581 b
1Illinois Department shall, within 365 days after July 22, 2013
2(the effective date of Public Act 98-104), establish
3procedures to permit skilled care facilities licensed under
4the Nursing Home Care Act to submit monthly billing claims for
5reimbursement purposes. Following development of these
6procedures, the Department shall, by July 1, 2016, test the
7viability of the new system and implement any necessary
8operational or structural changes to its information
9technology platforms in order to allow for the direct
10acceptance and payment of nursing home claims.
11    Notwithstanding any other law to the contrary, the
12Illinois Department shall, within 365 days after August 15,
132014 (the effective date of Public Act 98-963), establish
14procedures to permit ID/DD facilities licensed under the ID/DD
15Community Care Act and MC/DD facilities licensed under the
16MC/DD Act to submit monthly billing claims for reimbursement
17purposes. Following development of these procedures, the
18Department shall have an additional 365 days to test the
19viability of the new system and to ensure that any necessary
20operational or structural changes to its information
21technology platforms are implemented.
22    The Illinois Department shall require all dispensers of
23medical services, other than an individual practitioner or
24group of practitioners, desiring to participate in the Medical
25Assistance program established under this Article to disclose
26all financial, beneficial, ownership, equity, surety or other

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

HB1504- 59 -LRB104 08529 KTG 18581 b
1subject to enhanced oversight, screening, and review based on
2the risk of fraud, waste, and abuse that is posed by the
3category of risk of the vendor. The Illinois Department shall
4establish the procedures for oversight, screening, and review,
5which may include, but need not be limited to: criminal and
6financial background checks; fingerprinting; license,
7certification, and authorization verifications; unscheduled or
8unannounced site visits; database checks; prepayment audit
9reviews; audits; payment caps; payment suspensions; and other
10screening as required by federal or State law.
11    The Department shall define or specify the following: (i)
12by provider notice, the "category of risk of the vendor" for
13each type of vendor, which shall take into account the level of
14screening applicable to a particular category of vendor under
15federal law and regulations; (ii) by rule or provider notice,
16the maximum length of the conditional enrollment period for
17each category of risk of the vendor; and (iii) by rule, the
18hearing rights, if any, afforded to a vendor in each category
19of risk of the vendor that is terminated or disenrolled during
20the conditional enrollment period.
21    To be eligible for payment consideration, a vendor's
22payment claim or bill, either as an initial claim or as a
23resubmitted claim following prior rejection, must be received
24by the Illinois Department, or its fiscal intermediary, no
25later than 180 days after the latest date on the claim on which
26medical goods or services were provided, with the following

HB1504- 60 -LRB104 08529 KTG 18581 b
1exceptions:
2        (1) In the case of a provider whose enrollment is in
3 process by the Illinois Department, the 180-day period
4 shall not begin until the date on the written notice from
5 the Illinois Department that the provider enrollment is
6 complete.
7        (2) In the case of errors attributable to the Illinois
8 Department or any of its claims processing intermediaries
9 which result in an inability to receive, process, or
10 adjudicate a claim, the 180-day period shall not begin
11 until the provider has been notified of the error.
12        (3) In the case of a provider for whom the Illinois
13 Department initiates the monthly billing process.
14        (4) In the case of a provider operated by a unit of
15 local government with a population exceeding 3,000,000
16 when local government funds finance federal participation
17 for claims payments.
18    For claims for services rendered during a period for which
19a recipient received retroactive eligibility, claims must be
20filed within 180 days after the Department determines the
21applicant is eligible. For claims for which the Illinois
22Department is not the primary payer, claims must be submitted
23to the Illinois Department within 180 days after the final
24adjudication by the primary payer.
25    In the case of long term care facilities, within 120
26calendar days of receipt by the facility of required

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

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

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

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1the Department may, by rule, exempt certain replacement
2wheelchair parts from prior approval and, for wheelchairs,
3wheelchair parts, wheelchair accessories, and related seating
4and positioning items, determine the wholesale price by
5methods other than actual acquisition costs.
6    The Department shall require, by rule, all providers of
7durable medical equipment to be accredited by an accreditation
8organization approved by the federal Centers for Medicare and
9Medicaid Services and recognized by the Department in order to
10bill the Department for providing durable medical equipment to
11recipients. No later than 15 months after the effective date
12of the rule adopted pursuant to this paragraph, all providers
13must meet the accreditation requirement.
14    In order to promote environmental responsibility, meet the
15needs of recipients and enrollees, and achieve significant
16cost savings, the Department, or a managed care organization
17under contract with the Department, may provide recipients or
18managed care enrollees who have a prescription or Certificate
19of Medical Necessity access to refurbished durable medical
20equipment under this Section (excluding prosthetic and
21orthotic devices as defined in the Orthotics, Prosthetics, and
22Pedorthics Practice Act and complex rehabilitation technology
23products and associated services) through the State's
24assistive technology program's reutilization program, using
25staff with the Assistive Technology Professional (ATP)
26Certification if the refurbished durable medical equipment:

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1(i) is available; (ii) is less expensive, including shipping
2costs, than new durable medical equipment of the same type;
3(iii) is able to withstand at least 3 years of use; (iv) is
4cleaned, disinfected, sterilized, and safe in accordance with
5federal Food and Drug Administration regulations and guidance
6governing the reprocessing of medical devices in health care
7settings; and (v) equally meets the needs of the recipient or
8enrollee. The reutilization program shall confirm that the
9recipient or enrollee is not already in receipt of the same or
10similar equipment from another service provider, and that the
11refurbished durable medical equipment equally meets the needs
12of the recipient or enrollee. Nothing in this paragraph shall
13be construed to limit recipient or enrollee choice to obtain
14new durable medical equipment or place any additional prior
15authorization conditions on enrollees of managed care
16organizations.
17    The Department shall execute, relative to the nursing home
18prescreening project, written inter-agency agreements with the
19Department of Human Services and the Department on Aging, to
20effect the following: (i) intake procedures and common
21eligibility criteria for those persons who are receiving
22non-institutional services; and (ii) the establishment and
23development of non-institutional services in areas of the
24State where they are not currently available or are
25undeveloped; and (iii) notwithstanding any other provision of
26law, subject to federal approval, on and after July 1, 2012, an

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1increase in the determination of need (DON) scores from 29 to
237 for applicants for institutional and home and
3community-based long term care; if and only if federal
4approval is not granted, the Department may, in conjunction
5with other affected agencies, implement utilization controls
6or changes in benefit packages to effectuate a similar savings
7amount for this population; and (iv) no later than July 1,
82013, minimum level of care eligibility criteria for
9institutional and home and community-based long term care; and
10(v) no later than October 1, 2013, establish procedures to
11permit long term care providers access to eligibility scores
12for individuals with an admission date who are seeking or
13receiving services from the long term care provider. In order
14to select the minimum level of care eligibility criteria, the
15Governor shall establish a workgroup that includes affected
16agency representatives and stakeholders representing the
17institutional and home and community-based long term care
18interests. This Section shall not restrict the Department from
19implementing lower level of care eligibility criteria for
20community-based services in circumstances where federal
21approval has been granted.
22    The Illinois Department shall develop and operate, in
23cooperation with other State Departments and agencies and in
24compliance with applicable federal laws and regulations,
25appropriate and effective systems of health care evaluation
26and programs for monitoring of utilization of health care

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1services and facilities, as it affects persons eligible for
2medical assistance under this Code.
3    The Illinois Department shall report annually to the
4General Assembly, no later than the second Friday in April of
51979 and each year thereafter, in regard to:
6        (a) actual statistics and trends in utilization of
7 medical services by public aid recipients;
8        (b) actual statistics and trends in the provision of
9 the various medical services by medical vendors;
10        (c) current rate structures and proposed changes in
11 those rate structures for the various medical vendors; and
12        (d) efforts at utilization review and control by the
13 Illinois Department.
14    The period covered by each report shall be the 3 years
15ending on the June 30 prior to the report. The report shall
16include suggested legislation for consideration by the General
17Assembly. The requirement for reporting to the General
18Assembly shall be satisfied by filing copies of the report as
19required by Section 3.1 of the General Assembly Organization
20Act, and filing such additional copies with the State
21Government Report Distribution Center for the General Assembly
22as is required under paragraph (t) of Section 7 of the State
23Library Act.
24    Rulemaking authority to implement Public Act 95-1045, if
25any, is conditioned on the rules being adopted in accordance
26with all provisions of the Illinois Administrative Procedure

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1Act and all rules and procedures of the Joint Committee on
2Administrative Rules; any purported rule not so adopted, for
3whatever reason, is unauthorized.
4    On and after July 1, 2012, the Department shall reduce any
5rate of reimbursement for services or other payments or alter
6any methodologies authorized by this Code to reduce any rate
7of reimbursement for services or other payments in accordance
8with Section 5-5e.
9    Because kidney transplantation can be an appropriate,
10cost-effective alternative to renal dialysis when medically
11necessary and notwithstanding the provisions of Section 1-11
12of this Code, beginning October 1, 2014, the Department shall
13cover kidney transplantation for noncitizens with end-stage
14renal disease who are not eligible for comprehensive medical
15benefits, who meet the residency requirements of Section 5-3
16of this Code, and who would otherwise meet the financial
17requirements of the appropriate class of eligible persons
18under Section 5-2 of this Code. To qualify for coverage of
19kidney transplantation, such person must be receiving
20emergency renal dialysis services covered by the Department.
21Providers under this Section shall be prior approved and
22certified by the Department to perform kidney transplantation
23and the services under this Section shall be limited to
24services associated with kidney transplantation.
25    Notwithstanding any other provision of this Code to the
26contrary, on or after July 1, 2015, all FDA-approved FDA

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

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1coverage and reimbursement for all drugs that are approved for
2marketing by the federal Food and Drug Administration and that
3are recommended by the federal Public Health Service or the
4United States Centers for Disease Control and Prevention for
5pre-exposure prophylaxis and related pre-exposure prophylaxis
6services, including, but not limited to, HIV and sexually
7transmitted infection screening, treatment for sexually
8transmitted infections, medical monitoring, assorted labs, and
9counseling to reduce the likelihood of HIV infection among
10individuals who are not infected with HIV but who are at high
11risk of HIV infection.
12    A federally qualified health center, as defined in Section
131905(l)(2)(B) of the federal Social Security Act, shall be
14reimbursed by the Department in accordance with the federally
15qualified health center's encounter rate for services provided
16to medical assistance recipients that are performed by a
17dental hygienist, as defined under the Illinois Dental
18Practice Act, working under the general supervision of a
19dentist and employed by a federally qualified health center.
20    Within 90 days after October 8, 2021 (the effective date
21of Public Act 102-665), the Department shall seek federal
22approval of a State Plan amendment to expand coverage for
23family planning services that includes presumptive eligibility
24to individuals whose income is at or below 208% of the federal
25poverty level. Coverage under this Section shall be effective
26beginning no later than December 1, 2022.

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1    Subject to approval by the federal Centers for Medicare
2and Medicaid Services of a Title XIX State Plan amendment
3electing the Program of All-Inclusive Care for the Elderly
4(PACE) as a State Medicaid option, as provided for by Subtitle
5I (commencing with Section 4801) of Title IV of the Balanced
6Budget Act of 1997 (Public Law 105-33) and Part 460
7(commencing with Section 460.2) of Subchapter E of Title 42 of
8the Code of Federal Regulations, PACE program services shall
9become a covered benefit of the medical assistance program,
10subject to criteria established in accordance with all
11applicable laws.
12    Notwithstanding any other provision of this Code,
13community-based pediatric palliative care from a trained
14interdisciplinary team shall be covered under the medical
15assistance program as provided in Section 15 of the Pediatric
16Palliative Care Act.
17    Notwithstanding any other provision of this Code, within
1812 months after June 2, 2022 (the effective date of Public Act
19102-1037) and subject to federal approval, acupuncture
20services performed by an acupuncturist licensed under the
21Acupuncture Practice Act who is acting within the scope of his
22or her license shall be covered under the medical assistance
23program. The Department shall apply for any federal waiver or
24State Plan amendment, if required, to implement this
25paragraph. The Department may adopt any rules, including
26standards and criteria, necessary to implement this paragraph.

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1    Notwithstanding any other provision of this Code, the
2medical assistance program shall, subject to federal approval,
3reimburse hospitals for costs associated with a newborn
4screening test for the presence of metachromatic
5leukodystrophy, as required under the Newborn Metabolic
6Screening Act, at a rate not less than the fee charged by the
7Department of Public Health. Notwithstanding any other
8provision of this Code, the medical assistance program shall,
9subject to appropriation and federal approval, also reimburse
10hospitals for costs associated with all newborn screening
11tests added on and after August 9, 2024 (the effective date of
12Public Act 103-909) this amendatory Act of the 103rd General
13Assembly to the Newborn Metabolic Screening Act and required
14to be performed under that Act at a rate not less than the fee
15charged by the Department of Public Health. The Department
16shall seek federal approval before the implementation of the
17newborn screening test fees by the Department of Public
18Health.
19    Notwithstanding any other provision of this Code,
20beginning on January 1, 2024, subject to federal approval,
21cognitive assessment and care planning services provided to a
22person who experiences signs or symptoms of cognitive
23impairment, as defined by the Diagnostic and Statistical
24Manual of Mental Disorders, Fifth Edition, shall be covered
25under the medical assistance program for persons who are
26otherwise eligible for medical assistance under this Article.

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1    Notwithstanding any other provision of this Code,
2medically necessary reconstructive services that are intended
3to restore physical appearance shall be covered under the
4medical assistance program for persons who are otherwise
5eligible for medical assistance under this Article. As used in
6this paragraph, "reconstructive services" means treatments
7performed on structures of the body damaged by trauma to
8restore physical appearance.
9    No later than July 1, 2025, over-the-counter choline
10dietary supplements for pregnant persons shall be covered
11under the medical assistance program.    
12(Source: P.A. 102-43, Article 30, Section 30-5, eff. 7-6-21;
13102-43, Article 35, Section 35-5, eff. 7-6-21; 102-43, Article
1455, Section 55-5, eff. 7-6-21; 102-95, eff. 1-1-22; 102-123,
15eff. 1-1-22; 102-558, eff. 8-20-21; 102-598, eff. 1-1-22;
16102-655, eff. 1-1-22; 102-665, eff. 10-8-21; 102-813, eff.
175-13-22; 102-1018, eff. 1-1-23; 102-1037, eff. 6-2-22;
18102-1038, eff. 1-1-23; 103-102, Article 15, Section 15-5, eff.
191-1-24; 103-102, Article 95, Section 95-15, eff. 1-1-24;
20103-123, eff. 1-1-24; 103-154, eff. 6-30-23; 103-368, eff.
211-1-24; 103-593, Article 5, Section 5-5, eff. 6-7-24; 103-593,
22Article 90, Section 90-5, eff. 6-7-24; 103-605, eff. 7-1-24;
23103-808, eff. 1-1-26; 103-909, eff. 8-9-24; 103-1040, eff.
248-9-24; revised 10-10-24.)
25    Section 95. No acceleration or delay. Where this Act makes

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1changes in a statute that is represented in this Act by text
2that is not yet or no longer in effect (for example, a Section
3represented by multiple versions), the use of that text does
4not accelerate or delay the taking effect of (i) the changes
5made by this Act or (ii) provisions derived from any other
6Public Act.
7    Section 99. Effective date. This Act takes effect upon
8becoming law.
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