Bill Text: IL SB2384 | 2021-2022 | 102nd General Assembly | Chaptered

---

Bill Title: Reinserts the provisions of the engrossed bill with the following changes to the Pediatric Palliative Care Act. Makes changes to the definition of "serious illness". Restores language requiring the Department of Healthcare and Family Services to apply for a waiver to implement the pediatric palliative care program. Defines a qualifying child to be a person under the age of 21 who is enrolled in the medical assistance program and is diagnosed by the child's primary physician or specialist as suffering from a serious illness (rather than a person under 19 years of age who is enrolled in the medical assistance program and suffers from a serious illness). Provides that those serious illnesses that render a child eligible for pediatric palliative care services include any other serious illness that the Department, in consultation with interested stakeholders, determines to be appropriate. Restores language making certain reimbursable services offered under the pediatric palliative care program subject to federal approval for matching funds. Changes "case manager" to "program manager". Changes "qualifying participants" to "qualifying children".

Spectrum: Moderate Partisan Bill (Democrat 10-2)

Status: (Passed) 2021-08-27 - Public Act . . . . . . . . . 102-0655 [SB2384 Detail]

Download: Illinois-2021-SB2384-Chaptered.html

---

Public Act 102-0655
SB2384 Enrolled LRB102 16996 KTG 22416 b
AN ACT concerning public aid.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Amends the Illinois Public Aid Code is amended
by changing Section 5-5 as follows:
(305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
Sec. 5-5. Medical services. The Illinois Department, by
rule, shall determine the quantity and quality of and the rate
of reimbursement for the medical assistance for which payment
will be authorized, and the medical services to be provided,
which may include all or part of the following: (1) inpatient
hospital services; (2) outpatient hospital services; (3) other
laboratory and X-ray services; (4) skilled nursing home
services; (5) physicians' services whether furnished in the
office, the patient's home, a hospital, a skilled nursing
home, or elsewhere; (6) medical care, or any other type of
remedial care furnished by licensed practitioners; (7) home
health care services; (8) private duty nursing service; (9)
clinic services; (10) dental services, including prevention
and treatment of periodontal disease and dental caries disease
for pregnant women, provided by an individual licensed to
practice dentistry or dental surgery; for purposes of this
item (10), "dental services" means diagnostic, preventive, or

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

laws of this State. The term "any other type of remedial care"
shall include nursing care and nursing home service for
persons who rely on treatment by spiritual means alone through
prayer for healing.
Notwithstanding any other provision of this Section, a
comprehensive tobacco use cessation program that includes
purchasing prescription drugs or prescription medical devices
approved by the Food and Drug Administration shall be covered
under the medical assistance program under this Article for
persons who are otherwise eligible for assistance under this
Article.
Notwithstanding any other provision of this Code,
reproductive health care that is otherwise legal in Illinois
shall be covered under the medical assistance program for
persons who are otherwise eligible for medical assistance
under this Article.
Notwithstanding any other provision of this Code, the
Illinois Department may not require, as a condition of payment
for any laboratory test authorized under this Article, that a
physician's handwritten signature appear on the laboratory
test order form. The Illinois Department may, however, impose
other appropriate requirements regarding laboratory test order
documentation.
Upon receipt of federal approval of an amendment to the
Illinois Title XIX State Plan for this purpose, the Department
shall authorize the Chicago Public Schools (CPS) to procure a

vendor or vendors to manufacture eyeglasses for individuals
enrolled in a school within the CPS system. CPS shall ensure
that its vendor or vendors are enrolled as providers in the
medical assistance program and in any capitated Medicaid
managed care entity (MCE) serving individuals enrolled in a
school within the CPS system. Under any contract procured
under this provision, the vendor or vendors must serve only
individuals enrolled in a school within the CPS system. Claims
for services provided by CPS's vendor or vendors to recipients
of benefits in the medical assistance program under this Code,
the Children's Health Insurance Program, or the Covering ALL
KIDS Health Insurance Program shall be submitted to the
Department or the MCE in which the individual is enrolled for
payment and shall be reimbursed at the Department's or the
MCE's established rates or rate methodologies for eyeglasses.
On and after July 1, 2012, the Department of Healthcare
and Family Services may provide the following services to
persons eligible for assistance under this Article who are
participating in education, training or employment programs
operated by the Department of Human Services as successor to
the Department of Public Aid:
(1) dental services provided by or under the
supervision of a dentist; and
(2) eyeglasses prescribed by a physician skilled in
the diseases of the eye, or by an optometrist, whichever
the person may select.

On and after July 1, 2018, the Department of Healthcare
and Family Services shall provide dental services to any adult
who is otherwise eligible for assistance under the medical
assistance program. As used in this paragraph, "dental
services" means diagnostic, preventative, restorative, or
corrective procedures, including procedures and services for
the prevention and treatment of periodontal disease and dental
caries disease, provided by an individual who is licensed to
practice dentistry or dental surgery or who is under the
supervision of a dentist in the practice of his or her
profession.
On and after July 1, 2018, targeted dental services, as
set forth in Exhibit D of the Consent Decree entered by the
United States District Court for the Northern District of
Illinois, Eastern Division, in the matter of Memisovski v.
Maram, Case No. 92 C 1982, that are provided to adults under
the medical assistance program shall be established at no less
than the rates set forth in the "New Rate" column in Exhibit D
of the Consent Decree for targeted dental services that are
provided to persons under the age of 18 under the medical
assistance program.
Notwithstanding any other provision of this Code and
subject to federal approval, the Department may adopt rules to
allow a dentist who is volunteering his or her service at no
cost to render dental services through an enrolled
not-for-profit health clinic without the dentist personally

enrolling as a participating provider in the medical
assistance program. A not-for-profit health clinic shall
include a public health clinic or Federally Qualified Health
Center or other enrolled provider, as determined by the
Department, through which dental services covered under this
Section are performed. The Department shall establish a
process for payment of claims for reimbursement for covered
dental services rendered under this provision.
The Illinois Department, by rule, may distinguish and
classify the medical services to be provided only in
accordance with the classes of persons designated in Section
5-2.
The Department of Healthcare and Family Services must
provide coverage and reimbursement for amino acid-based
elemental formulas, regardless of delivery method, for the
diagnosis and treatment of (i) eosinophilic disorders and (ii)
short bowel syndrome when the prescribing physician has issued
a written order stating that the amino acid-based elemental
formula is medically necessary.
The Illinois Department shall authorize the provision of,
and shall authorize payment for, screening by low-dose
mammography for the presence of occult breast cancer for women
35 years of age or older who are eligible for medical
assistance under this Article, as follows:
(A) A baseline mammogram for women 35 to 39 years of
age.

(B) An annual mammogram for women 40 years of age or
older.
(C) A mammogram at the age and intervals considered
medically necessary by the woman's health care provider
for women under 40 years of age and having a family history
of breast cancer, prior personal history of breast cancer,
positive genetic testing, or other risk factors.
(D) A comprehensive ultrasound screening and MRI of an
entire breast or breasts if a mammogram demonstrates
heterogeneous or dense breast tissue or when medically
necessary as determined by a physician licensed to
practice medicine in all of its branches.
(E) A screening MRI when medically necessary, as
determined by a physician licensed to practice medicine in
all of its branches.
(F) A diagnostic mammogram when medically necessary,
as determined by a physician licensed to practice medicine
in all its branches, advanced practice registered nurse,
or physician assistant.
The Department shall not impose a deductible, coinsurance,
copayment, or any other cost-sharing requirement on the
coverage provided under this paragraph; except that this
sentence does not apply to coverage of diagnostic mammograms
to the extent such coverage would disqualify a high-deductible
health plan from eligibility for a health savings account
pursuant to Section 223 of the Internal Revenue Code (26

U.S.C. 223).
All screenings shall include a physical breast exam,
instruction on self-examination and information regarding the
frequency of self-examination and its value as a preventative
tool.
For purposes of this Section:
"Diagnostic mammogram" means a mammogram obtained using
diagnostic mammography.
"Diagnostic mammography" means a method of screening that
is designed to evaluate an abnormality in a breast, including
an abnormality seen or suspected on a screening mammogram or a
subjective or objective abnormality otherwise detected in the
breast.
"Low-dose mammography" means the x-ray examination of the
breast using equipment dedicated specifically for mammography,
including the x-ray tube, filter, compression device, and
image receptor, with an average radiation exposure delivery of
less than one rad per breast for 2 views of an average size
breast. The term also includes digital mammography and
includes breast tomosynthesis.
"Breast tomosynthesis" means a radiologic procedure that
involves the acquisition of projection images over the
stationary breast to produce cross-sectional digital
three-dimensional images of the breast.
If, at any time, the Secretary of the United States
Department of Health and Human Services, or its successor

agency, promulgates rules or regulations to be published in
the Federal Register or publishes a comment in the Federal
Register or issues an opinion, guidance, or other action that
would require the State, pursuant to any provision of the
Patient Protection and Affordable Care Act (Public Law
111-148), including, but not limited to, 42 U.S.C.
18031(d)(3)(B) or any successor provision, to defray the cost
of any coverage for breast tomosynthesis outlined in this
paragraph, then the requirement that an insurer cover breast
tomosynthesis is inoperative other than any such coverage
authorized under Section 1902 of the Social Security Act, 42
U.S.C. 1396a, and the State shall not assume any obligation
for the cost of coverage for breast tomosynthesis set forth in
this paragraph.
On and after January 1, 2016, the Department shall ensure
that all networks of care for adult clients of the Department
include access to at least one breast imaging Center of
Imaging Excellence as certified by the American College of
Radiology.
On and after January 1, 2012, providers participating in a
quality improvement program approved by the Department shall
be reimbursed for screening and diagnostic mammography at the
same rate as the Medicare program's rates, including the
increased reimbursement for digital mammography.
The Department shall convene an expert panel including
representatives of hospitals, free-standing mammography

facilities, and doctors, including radiologists, to establish
quality standards for mammography.
On and after January 1, 2017, providers participating in a
breast cancer treatment quality improvement program approved
by the Department shall be reimbursed for breast cancer
treatment at a rate that is no lower than 95% of the Medicare
program's rates for the data elements included in the breast
cancer treatment quality program.
The Department shall convene an expert panel, including
representatives of hospitals, free-standing breast cancer
treatment centers, breast cancer quality organizations, and
doctors, including breast surgeons, reconstructive breast
surgeons, oncologists, and primary care providers to establish
quality standards for breast cancer treatment.
Subject to federal approval, the Department shall
establish a rate methodology for mammography at federally
qualified health centers and other encounter-rate clinics.
These clinics or centers may also collaborate with other
hospital-based mammography facilities. By January 1, 2016, the
Department shall report to the General Assembly on the status
of the provision set forth in this paragraph.
The Department shall establish a methodology to remind
women who are age-appropriate for screening mammography, but
who have not received a mammogram within the previous 18
months, of the importance and benefit of screening
mammography. The Department shall work with experts in breast

cancer outreach and patient navigation to optimize these
reminders and shall establish a methodology for evaluating
their effectiveness and modifying the methodology based on the
evaluation.
The Department shall establish a performance goal for
primary care providers with respect to their female patients
over age 40 receiving an annual mammogram. This performance
goal shall be used to provide additional reimbursement in the
form of a quality performance bonus to primary care providers
who meet that goal.
The Department shall devise a means of case-managing or
patient navigation for beneficiaries diagnosed with breast
cancer. This program shall initially operate as a pilot
program in areas of the State with the highest incidence of
mortality related to breast cancer. At least one pilot program
site shall be in the metropolitan Chicago area and at least one
site shall be outside the metropolitan Chicago area. On or
after July 1, 2016, the pilot program shall be expanded to
include one site in western Illinois, one site in southern
Illinois, one site in central Illinois, and 4 sites within
metropolitan Chicago. An evaluation of the pilot program shall
be carried out measuring health outcomes and cost of care for
those served by the pilot program compared to similarly
situated patients who are not served by the pilot program.
The Department shall require all networks of care to
develop a means either internally or by contract with experts

in navigation and community outreach to navigate cancer
patients to comprehensive care in a timely fashion. The
Department shall require all networks of care to include
access for patients diagnosed with cancer to at least one
academic commission on cancer-accredited cancer program as an
in-network covered benefit.
Any medical or health care provider shall immediately
recommend, to any pregnant woman who is being provided
prenatal services and is suspected of having a substance use
disorder as defined in the Substance Use Disorder Act,
referral to a local substance use disorder treatment program
licensed by the Department of Human Services or to a licensed
hospital which provides substance abuse treatment services.
The Department of Healthcare and Family Services shall assure
coverage for the cost of treatment of the drug abuse or
addiction for pregnant recipients in accordance with the
Illinois Medicaid Program in conjunction with the Department
of Human Services.
All medical providers providing medical assistance to
pregnant women under this Code shall receive information from
the Department on the availability of services under any
program providing case management services for addicted women,
including information on appropriate referrals for other
social services that may be needed by addicted women in
addition to treatment for addiction.
The Illinois Department, in cooperation with the

Departments of Human Services (as successor to the Department
of Alcoholism and Substance Abuse) and Public Health, through
a public awareness campaign, may provide information
concerning treatment for alcoholism and drug abuse and
addiction, prenatal health care, and other pertinent programs
directed at reducing the number of drug-affected infants born
to recipients of medical assistance.
Neither the Department of Healthcare and Family Services
nor the Department of Human Services shall sanction the
recipient solely on the basis of her substance abuse.
The Illinois Department shall establish such regulations
governing the dispensing of health services under this Article
as it shall deem appropriate. The Department should seek the
advice of formal professional advisory committees appointed by
the Director of the Illinois Department for the purpose of
providing regular advice on policy and administrative matters,
information dissemination and educational activities for
medical and health care providers, and consistency in
procedures to the Illinois Department.
The Illinois Department may develop and contract with
Partnerships of medical providers to arrange medical services
for persons eligible under Section 5-2 of this Code.
Implementation of this Section may be by demonstration
projects in certain geographic areas. The Partnership shall be
represented by a sponsor organization. The Department, by
rule, shall develop qualifications for sponsors of

Partnerships. Nothing in this Section shall be construed to
require that the sponsor organization be a medical
organization.
The sponsor must negotiate formal written contracts with
medical providers for physician services, inpatient and
outpatient hospital care, home health services, treatment for
alcoholism and substance abuse, and other services determined
necessary by the Illinois Department by rule for delivery by
Partnerships. Physician services must include prenatal and
obstetrical care. The Illinois Department shall reimburse
medical services delivered by Partnership providers to clients
in target areas according to provisions of this Article and
the Illinois Health Finance Reform Act, except that:
(1) Physicians participating in a Partnership and
providing certain services, which shall be determined by
the Illinois Department, to persons in areas covered by
the Partnership may receive an additional surcharge for
such services.
(2) The Department may elect to consider and negotiate
financial incentives to encourage the development of
Partnerships and the efficient delivery of medical care.
(3) Persons receiving medical services through
Partnerships may receive medical and case management
services above the level usually offered through the
medical assistance program.
Medical providers shall be required to meet certain

qualifications to participate in Partnerships to ensure the
delivery of high quality medical services. These
qualifications shall be determined by rule of the Illinois
Department and may be higher than qualifications for
participation in the medical assistance program. Partnership
sponsors may prescribe reasonable additional qualifications
for participation by medical providers, only with the prior
written approval of the Illinois Department.
Nothing in this Section shall limit the free choice of
practitioners, hospitals, and other providers of medical
services by clients. In order to ensure patient freedom of
choice, the Illinois Department shall immediately promulgate
all rules and take all other necessary actions so that
provided services may be accessed from therapeutically
certified optometrists to the full extent of the Illinois
Optometric Practice Act of 1987 without discriminating between
service providers.
The Department shall apply for a waiver from the United
States Health Care Financing Administration to allow for the
implementation of Partnerships under this Section.
The Illinois Department shall require health care
providers to maintain records that document the medical care
and services provided to recipients of Medical Assistance
under this Article. Such records must be retained for a period
of not less than 6 years from the date of service or as
provided by applicable State law, whichever period is longer,

except that if an audit is initiated within the required
retention period then the records must be retained until the
audit is completed and every exception is resolved. The
Illinois Department shall require health care providers to
make available, when authorized by the patient, in writing,
the medical records in a timely fashion to other health care
providers who are treating or serving persons eligible for
Medical Assistance under this Article. All dispensers of
medical services shall be required to maintain and retain
business and professional records sufficient to fully and
accurately document the nature, scope, details and receipt of
the health care provided to persons eligible for medical
assistance under this Code, in accordance with regulations
promulgated by the Illinois Department. The rules and
regulations shall require that proof of the receipt of
prescription drugs, dentures, prosthetic devices and
eyeglasses by eligible persons under this Section accompany
each claim for reimbursement submitted by the dispenser of
such medical services. No such claims for reimbursement shall
be approved for payment by the Illinois Department without
such proof of receipt, unless the Illinois Department shall
have put into effect and shall be operating a system of
post-payment audit and review which shall, on a sampling
basis, be deemed adequate by the Illinois Department to assure
that such drugs, dentures, prosthetic devices and eyeglasses
for which payment is being made are actually being received by

eligible recipients. Within 90 days after September 16, 1984
(the effective date of Public Act 83-1439), the Illinois
Department shall establish a current list of acquisition costs
for all prosthetic devices and any other items recognized as
medical equipment and supplies reimbursable under this Article
and shall update such list on a quarterly basis, except that
the acquisition costs of all prescription drugs shall be
updated no less frequently than every 30 days as required by
Section 5-5.12.
Notwithstanding any other law to the contrary, the
Illinois Department shall, within 365 days after July 22, 2013
(the effective date of Public Act 98-104), establish
procedures to permit skilled care facilities licensed under
the Nursing Home Care Act to submit monthly billing claims for
reimbursement purposes. Following development of these
procedures, the Department shall, by July 1, 2016, test the
viability of the new system and implement any necessary
operational or structural changes to its information
technology platforms in order to allow for the direct
acceptance and payment of nursing home claims.
Notwithstanding any other law to the contrary, the
Illinois Department shall, within 365 days after August 15,
2014 (the effective date of Public Act 98-963), establish
procedures to permit ID/DD facilities licensed under the ID/DD
Community Care Act and MC/DD facilities licensed under the
MC/DD Act to submit monthly billing claims for reimbursement

purposes. Following development of these procedures, the
Department shall have an additional 365 days to test the
viability of the new system and to ensure that any necessary
operational or structural changes to its information
technology platforms are implemented.
The Illinois Department shall require all dispensers of
medical services, other than an individual practitioner or
group of practitioners, desiring to participate in the Medical
Assistance program established under this Article to disclose
all financial, beneficial, ownership, equity, surety or other
interests in any and all firms, corporations, partnerships,
associations, business enterprises, joint ventures, agencies,
institutions or other legal entities providing any form of
health care services in this State under this Article.
The Illinois Department may require that all dispensers of
medical services desiring to participate in the medical
assistance program established under this Article disclose,
under such terms and conditions as the Illinois Department may
by rule establish, all inquiries from clients and attorneys
regarding medical bills paid by the Illinois Department, which
inquiries could indicate potential existence of claims or
liens for the Illinois Department.
Enrollment of a vendor shall be subject to a provisional
period and shall be conditional for one year. During the
period of conditional enrollment, the Department may terminate
the vendor's eligibility to participate in, or may disenroll

the vendor from, the medical assistance program without cause.
Unless otherwise specified, such termination of eligibility or
disenrollment is not subject to the Department's hearing
process. However, a disenrolled vendor may reapply without
penalty.
The Department has the discretion to limit the conditional
enrollment period for vendors based upon category of risk of
the vendor.
Prior to enrollment and during the conditional enrollment
period in the medical assistance program, all vendors shall be
subject to enhanced oversight, screening, and review based on
the risk of fraud, waste, and abuse that is posed by the
category of risk of the vendor. The Illinois Department shall
establish the procedures for oversight, screening, and review,
which may include, but need not be limited to: criminal and
financial background checks; fingerprinting; license,
certification, and authorization verifications; unscheduled or
unannounced site visits; database checks; prepayment audit
reviews; audits; payment caps; payment suspensions; and other
screening as required by federal or State law.
The Department shall define or specify the following: (i)
by provider notice, the "category of risk of the vendor" for
each type of vendor, which shall take into account the level of
screening applicable to a particular category of vendor under
federal law and regulations; (ii) by rule or provider notice,
the maximum length of the conditional enrollment period for

each category of risk of the vendor; and (iii) by rule, the
hearing rights, if any, afforded to a vendor in each category
of risk of the vendor that is terminated or disenrolled during
the conditional enrollment period.
To be eligible for payment consideration, a vendor's
payment claim or bill, either as an initial claim or as a
resubmitted claim following prior rejection, must be received
by the Illinois Department, or its fiscal intermediary, no
later than 180 days after the latest date on the claim on which
medical goods or services were provided, with the following
exceptions:
(1) In the case of a provider whose enrollment is in
process by the Illinois Department, the 180-day period
shall not begin until the date on the written notice from
the Illinois Department that the provider enrollment is
complete.
(2) In the case of errors attributable to the Illinois
Department or any of its claims processing intermediaries
which result in an inability to receive, process, or
adjudicate a claim, the 180-day period shall not begin
until the provider has been notified of the error.
(3) In the case of a provider for whom the Illinois
Department initiates the monthly billing process.
(4) In the case of a provider operated by a unit of
local government with a population exceeding 3,000,000
when local government funds finance federal participation

for claims payments.
For claims for services rendered during a period for which
a recipient received retroactive eligibility, claims must be
filed within 180 days after the Department determines the
applicant is eligible. For claims for which the Illinois
Department is not the primary payer, claims must be submitted
to the Illinois Department within 180 days after the final
adjudication by the primary payer.
In the case of long term care facilities, within 45
calendar days of receipt by the facility of required
prescreening information, new admissions with associated
admission documents shall be submitted through the Medical
Electronic Data Interchange (MEDI) or the Recipient
Eligibility Verification (REV) System or shall be submitted
directly to the Department of Human Services using required
admission forms. Effective September 1, 2014, admission
documents, including all prescreening information, must be
submitted through MEDI or REV. Confirmation numbers assigned
to an accepted transaction shall be retained by a facility to
verify timely submittal. Once an admission transaction has
been completed, all resubmitted claims following prior
rejection are subject to receipt no later than 180 days after
the admission transaction has been completed.
Claims that are not submitted and received in compliance
with the foregoing requirements shall not be eligible for
payment under the medical assistance program, and the State

shall have no liability for payment of those claims.
To the extent consistent with applicable information and
privacy, security, and disclosure laws, State and federal
agencies and departments shall provide the Illinois Department
access to confidential and other information and data
necessary to perform eligibility and payment verifications and
other Illinois Department functions. This includes, but is not
limited to: information pertaining to licensure;
certification; earnings; immigration status; citizenship; wage
reporting; unearned and earned income; pension income;
employment; supplemental security income; social security
numbers; National Provider Identifier (NPI) numbers; the
National Practitioner Data Bank (NPDB); program and agency
exclusions; taxpayer identification numbers; tax delinquency;
corporate information; and death records.
The Illinois Department shall enter into agreements with
State agencies and departments, and is authorized to enter
into agreements with federal agencies and departments, under
which such agencies and departments shall share data necessary
for medical assistance program integrity functions and
oversight. The Illinois Department shall develop, in
cooperation with other State departments and agencies, and in
compliance with applicable federal laws and regulations,
appropriate and effective methods to share such data. At a
minimum, and to the extent necessary to provide data sharing,
the Illinois Department shall enter into agreements with State

agencies and departments, and is authorized to enter into
agreements with federal agencies and departments, including,
but not limited to: the Secretary of State; the Department of
Revenue; the Department of Public Health; the Department of
Human Services; and the Department of Financial and
Professional Regulation.
Beginning in fiscal year 2013, the Illinois Department
shall set forth a request for information to identify the
benefits of a pre-payment, post-adjudication, and post-edit
claims system with the goals of streamlining claims processing
and provider reimbursement, reducing the number of pending or
rejected claims, and helping to ensure a more transparent
adjudication process through the utilization of: (i) provider
data verification and provider screening technology; and (ii)
clinical code editing; and (iii) pre-pay, pre- or
post-adjudicated predictive modeling with an integrated case
management system with link analysis. Such a request for
information shall not be considered as a request for proposal
or as an obligation on the part of the Illinois Department to
take any action or acquire any products or services.
The Illinois Department shall establish policies,
procedures, standards and criteria by rule for the
acquisition, repair and replacement of orthotic and prosthetic
devices and durable medical equipment. Such rules shall
provide, but not be limited to, the following services: (1)
immediate repair or replacement of such devices by recipients;

and (2) rental, lease, purchase or lease-purchase of durable
medical equipment in a cost-effective manner, taking into
consideration the recipient's medical prognosis, the extent of
the recipient's needs, and the requirements and costs for
maintaining such equipment. Subject to prior approval, such
rules shall enable a recipient to temporarily acquire and use
alternative or substitute devices or equipment pending repairs
or replacements of any device or equipment previously
authorized for such recipient by the Department.
Notwithstanding any provision of Section 5-5f to the contrary,
the Department may, by rule, exempt certain replacement
wheelchair parts from prior approval and, for wheelchairs,
wheelchair parts, wheelchair accessories, and related seating
and positioning items, determine the wholesale price by
methods other than actual acquisition costs.
The Department shall require, by rule, all providers of
durable medical equipment to be accredited by an accreditation
organization approved by the federal Centers for Medicare and
Medicaid Services and recognized by the Department in order to
bill the Department for providing durable medical equipment to
recipients. No later than 15 months after the effective date
of the rule adopted pursuant to this paragraph, all providers
must meet the accreditation requirement.
In order to promote environmental responsibility, meet the
needs of recipients and enrollees, and achieve significant
cost savings, the Department, or a managed care organization

under contract with the Department, may provide recipients or
managed care enrollees who have a prescription or Certificate
of Medical Necessity access to refurbished durable medical
equipment under this Section (excluding prosthetic and
orthotic devices as defined in the Orthotics, Prosthetics, and
Pedorthics Practice Act and complex rehabilitation technology
products and associated services) through the State's
assistive technology program's reutilization program, using
staff with the Assistive Technology Professional (ATP)
Certification if the refurbished durable medical equipment:
(i) is available; (ii) is less expensive, including shipping
costs, than new durable medical equipment of the same type;
(iii) is able to withstand at least 3 years of use; (iv) is
cleaned, disinfected, sterilized, and safe in accordance with
federal Food and Drug Administration regulations and guidance
governing the reprocessing of medical devices in health care
settings; and (v) equally meets the needs of the recipient or
enrollee. The reutilization program shall confirm that the
recipient or enrollee is not already in receipt of same or
similar equipment from another service provider, and that the
refurbished durable medical equipment equally meets the needs
of the recipient or enrollee. Nothing in this paragraph shall
be construed to limit recipient or enrollee choice to obtain
new durable medical equipment or place any additional prior
authorization conditions on enrollees of managed care
organizations.

The Department shall execute, relative to the nursing home
prescreening project, written inter-agency agreements with the
Department of Human Services and the Department on Aging, to
effect the following: (i) intake procedures and common
eligibility criteria for those persons who are receiving
non-institutional services; and (ii) the establishment and
development of non-institutional services in areas of the
State where they are not currently available or are
undeveloped; and (iii) notwithstanding any other provision of
law, subject to federal approval, on and after July 1, 2012, an
increase in the determination of need (DON) scores from 29 to
37 for applicants for institutional and home and
community-based long term care; if and only if federal
approval is not granted, the Department may, in conjunction
with other affected agencies, implement utilization controls
or changes in benefit packages to effectuate a similar savings
amount for this population; and (iv) no later than July 1,
2013, minimum level of care eligibility criteria for
institutional and home and community-based long term care; and
(v) no later than October 1, 2013, establish procedures to
permit long term care providers access to eligibility scores
for individuals with an admission date who are seeking or
receiving services from the long term care provider. In order
to select the minimum level of care eligibility criteria, the
Governor shall establish a workgroup that includes affected
agency representatives and stakeholders representing the

institutional and home and community-based long term care
interests. This Section shall not restrict the Department from
implementing lower level of care eligibility criteria for
community-based services in circumstances where federal
approval has been granted.
The Illinois Department shall develop and operate, in
cooperation with other State Departments and agencies and in
compliance with applicable federal laws and regulations,
appropriate and effective systems of health care evaluation
and programs for monitoring of utilization of health care
services and facilities, as it affects persons eligible for
medical assistance under this Code.
The Illinois Department shall report annually to the
General Assembly, no later than the second Friday in April of
1979 and each year thereafter, in regard to:
(a) actual statistics and trends in utilization of
medical services by public aid recipients;
(b) actual statistics and trends in the provision of
the various medical services by medical vendors;
(c) current rate structures and proposed changes in
those rate structures for the various medical vendors; and
(d) efforts at utilization review and control by the
Illinois Department.
The period covered by each report shall be the 3 years
ending on the June 30 prior to the report. The report shall
include suggested legislation for consideration by the General

Assembly. The requirement for reporting to the General
Assembly shall be satisfied by filing copies of the report as
required by Section 3.1 of the General Assembly Organization
Act, and filing such additional copies with the State
Government Report Distribution Center for the General Assembly
as is required under paragraph (t) of Section 7 of the State
Library Act.
Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
On and after July 1, 2012, the Department shall reduce any
rate of reimbursement for services or other payments or alter
any methodologies authorized by this Code to reduce any rate
of reimbursement for services or other payments in accordance
with Section 5-5e.
Because kidney transplantation can be an appropriate,
cost-effective alternative to renal dialysis when medically
necessary and notwithstanding the provisions of Section 1-11
of this Code, beginning October 1, 2014, the Department shall
cover kidney transplantation for noncitizens with end-stage
renal disease who are not eligible for comprehensive medical
benefits, who meet the residency requirements of Section 5-3
of this Code, and who would otherwise meet the financial

requirements of the appropriate class of eligible persons
under Section 5-2 of this Code. To qualify for coverage of
kidney transplantation, such person must be receiving
emergency renal dialysis services covered by the Department.
Providers under this Section shall be prior approved and
certified by the Department to perform kidney transplantation
and the services under this Section shall be limited to
services associated with kidney transplantation.
Notwithstanding any other provision of this Code to the
contrary, on or after July 1, 2015, all FDA approved forms of
medication assisted treatment prescribed for the treatment of
alcohol dependence or treatment of opioid dependence shall be
covered under both fee for service and managed care medical
assistance programs for persons who are otherwise eligible for
medical assistance under this Article and shall not be subject
to any (1) utilization control, other than those established
under the American Society of Addiction Medicine patient
placement criteria, (2) prior authorization mandate, or (3)
lifetime restriction limit mandate.
On or after July 1, 2015, opioid antagonists prescribed
for the treatment of an opioid overdose, including the
medication product, administration devices, and any pharmacy
fees related to the dispensing and administration of the
opioid antagonist, shall be covered under the medical
assistance program for persons who are otherwise eligible for
medical assistance under this Article. As used in this

Section, "opioid antagonist" means a drug that binds to opioid
receptors and blocks or inhibits the effect of opioids acting
on those receptors, including, but not limited to, naloxone
hydrochloride or any other similarly acting drug approved by
the U.S. Food and Drug Administration.
Upon federal approval, the Department shall provide
coverage and reimbursement for all drugs that are approved for
marketing by the federal Food and Drug Administration and that
are recommended by the federal Public Health Service or the
United States Centers for Disease Control and Prevention for
pre-exposure prophylaxis and related pre-exposure prophylaxis
services, including, but not limited to, HIV and sexually
transmitted infection screening, treatment for sexually
transmitted infections, medical monitoring, assorted labs, and
counseling to reduce the likelihood of HIV infection among
individuals who are not infected with HIV but who are at high
risk of HIV infection.
A federally qualified health center, as defined in Section
1905(l)(2)(B) of the federal Social Security Act, shall be
reimbursed by the Department in accordance with the federally
qualified health center's encounter rate for services provided
to medical assistance recipients that are performed by a
dental hygienist, as defined under the Illinois Dental
Practice Act, working under the general supervision of a
dentist and employed by a federally qualified health center.
Notwithstanding any other provision of this Code,

community-based pediatric palliative care from a trained
interdisciplinary team shall be covered under the medical
assistance program as provided in Section 15 of the Pediatric
Palliative Care Act.
(Source: P.A. 100-201, eff. 8-18-17; 100-395, eff. 1-1-18;
100-449, eff. 1-1-18; 100-538, eff. 1-1-18; 100-587, eff.
6-4-18; 100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-974,
eff. 8-19-18; 100-1009, eff. 1-1-19; 100-1018, eff. 1-1-19;
100-1148, eff. 12-10-18; 101-209, eff. 8-5-19; 101-580, eff.
1-1-20; revised 9-18-19.)
Section 5. The Pediatric Palliative Care Act is amended by
changing Sections 5, 10, 15, 20, 25, 30, 35, 40, and 45 and by
adding Section 37 as follows:
(305 ILCS 60/5)
Sec. 5. Legislative findings. The General Assembly finds
as follows:
(1) Each year, approximately 1,500 1,185 Illinois
children are diagnosed with a serious illness potentially
life-limiting illness.
(2) There are many barriers to the provision of
pediatric palliative services, the most significant of
which include the following: (i) challenges in predicting
life expectancy; (ii) the reluctance of families and
professionals to acknowledge a child's incurable

condition; and (iii) the lack of an appropriate,
pediatric-focused reimbursement structure leading to
insufficient community-based resources.
(3) Community-based pediatric palliative services have
been shown to keep children out of the hospital by
managing many symptoms in the home setting, thereby
improving childhood quality of life while maintaining
budget neutrality. It is tremendously difficult for
physicians to prognosticate pediatric life expectancy due
to the resiliency of children. In addition, parents are
rarely prepared to cease curative efforts in order to
receive hospice or palliative care. Community-based
pediatric palliative services, however, keep children out
of the hospital by managing many symptoms in the home
setting, thereby improving childhood quality of life while
maintaining budget neutrality.
(4) Pediatric palliative programming can, and should,
be administered in a cost neutral fashion. Community-based
pediatric palliative care allows for children and families
to receive pain and symptom management and psychosocial
support in the comfort of the home setting, thereby
avoiding excess spending for emergency room visits and
certain hospitals. The National Hospice and Palliative
Care Organization's pediatric task force reported during
2001 that the average cost per child per year, cared for
primarily at home, receiving comprehensive palliative and

life prolonging services concurrently, is $16,177,
significantly less than the $19,000 to $48,000 per child
per year when palliative programs are not utilized.
(Source: P.A. 96-1078, eff. 7-16-10.)
(305 ILCS 60/10)
Sec. 10. Definitions Definition. In this Act: ,
"Department" means the Department of Healthcare and Family
Services.
"Palliative care" means care focused on expert assessment
and management of pain and other symptoms, assessment and
support of caregiver needs, and coordination of care.
Palliative care attends to the physical, functional,
psychological, practical, and spiritual consequences of a
serious illness. It is a person-centered and family-centered
approach to care, providing people living with serious illness
relief from the symptoms and stress of an illness. Through
early integration into the care plan for the seriously ill,
palliative care improves quality of life for the patient and
the family. Palliative care can be offered in all care
settings and at any stage in a serious illness through
collaboration of many types of care providers.
"Serious illness" means a health condition identified in
Section 25 that carries a high risk of mortality and
negatively impacts a person's daily function or quality of
life.

(Source: P.A. 96-1078, eff. 7-16-10.)
(305 ILCS 60/15)
Sec. 15. Pediatric palliative care pilot program. The
Department shall develop a pediatric palliative care pilot
program, and the medical assistance program established under
Article V of the Illinois Public Aid Code shall cover under
which a qualifying child as defined in Section 25 may receive
community-based pediatric palliative care from a trained
interdisciplinary team, as an added benefit under which a
qualifying child, as defined in Section 25, may also choose to
continue while continuing to pursue aggressive curative or
disease-directed treatments for a serious potentially
life-limiting illness under the benefits available under
Article V of the Illinois Public Aid Code.
(Source: P.A. 96-1078, eff. 7-16-10.)
(305 ILCS 60/20)
Sec. 20. Federal waiver or State Plan amendment. If
applicable, the The Department shall submit the necessary
application to the federal Centers for Medicare and Medicaid
Services for a waiver or State Plan amendment to implement the
pilot program described in this Act. If the application is in
the form of a State Plan amendment, the State Plan amendment
shall be filed prior to December 31, 2010. If the Department
does not submit a State Plan amendment prior to December 31,

2010, the pilot program shall be created utilizing a waiver
authority. The waiver request shall be included in any
appropriate waiver application renewal submitted prior to
December 31, 2011, or shall be submitted as an independent
1915(c) Home and Community Based Medicaid Waiver within that
same time period. After federal approval is secured, the
Department shall implement the waiver or State Plan amendment
within 12 months of the date of approval. The Department shall
not draft any rules in contravention of this timetable for
program development and implementation. By federal
requirement, the application for a 1915 (c) Medicaid waiver
program must demonstrate cost neutrality per the formula laid
out by the Centers for Medicare and Medicaid Services. The
Department shall not draft any rules in contravention of this
timetable for pilot program development and implementation.
This pilot program shall be implemented only to the extent
that federal financial participation is available.
(Source: P.A. 96-1078, eff. 7-16-10.)
(305 ILCS 60/25)
Sec. 25. Qualifying child.
(a) For the purposes of this Act, a qualifying child is a
person under 21 18 years of age who is enrolled in the medical
assistance program under Article V of the Illinois Public Aid
Code and is diagnosed by the child's primary physician or
specialist as suffering from a serious illness and suffers

from a potentially life-limiting medical condition, as defined
in subsection (b). A child who is enrolled in the pilot program
prior to the age 18 may continue to receive services under the
pilot program until the day before his or her twenty-first
birthday.
(b) The Department, in consultation with interested
stakeholders, shall determine the serious illnesses
potentially life-limiting medical conditions that render a
child who is enrolled in the pediatric medical assistance
program recipient eligible for the pilot program under this
Act. Such serious illnesses medical conditions shall include,
but need not be limited to, the following:
(1) Cancer (i) for which there is no known effective
treatment, (ii) that does not respond to conventional
protocol, (iii) that has progressed to an advanced stage,
or (iv) where toxicities or other complications limit
prohibit the administration of curative therapies.
(2) End-stage lung disease, including but not limited
to cystic fibrosis, that results in dependence on
technology, such as mechanical ventilation.
(3) Severe neurological conditions, including, but not
limited to, hypoxic ischemic encephalopathy, acute brain
injury, brain infections and inflammatory diseases, or
irreversible severe alteration of mental status, with one
of the following co-morbidities: (i) intractable seizures
or (ii) brainstem failure to control breathing or other

automatic physiologic functions.
(4) Degenerative neuromuscular conditions, including,
but not limited to, spinal muscular atrophy, Type I or II,
or Duchenne Muscular Dystrophy, requiring technological
support.
(5) Genetic syndromes, such as, but not limited to,
Trisomy 13 or 18, where the child has substantial
neurocognitive disability (i) it is more likely than not
that the child will not live past 2 years of age or (ii)
the child is severely compromised with no expectation of
long-term survival.
(6) Congenital or acquired end-stage heart disease,
including but not limited to the following: (i) single
ventricle disorders, including hypoplastic left heart
syndrome; (ii) total anomalous pulmonary venous return,
not suitable for curative surgical treatment; and (iii)
heart muscle disorders (cardiomyopathies) without adequate
medical or surgical treatments available.
(7) End-stage liver disease where (i) transplant is
not a viable option or (ii) transplant rejection or
failure has occurred.
(8) End-stage kidney failure where (i) transplant is
not a viable option or (ii) transplant rejection or
failure has occurred.
(9) Metabolic or biochemical disorders, including, but
not limited to, mitochondrial disease, leukodystrophies,

Tay-Sachs disease, or Lesch-Nyhan syndrome where (i) no
suitable therapies exist or (ii) available treatments,
including stem cell ("bone marrow") transplant, have
failed.
(10) Congenital or acquired diseases of the
gastrointestinal system, such as "short bowel syndrome",
where (i) transplant is not a viable option or (ii)
transplant rejection or failure has occurred.
(11) Congenital skin disorders, including but not
limited to epidermolysis bullosa, where no suitable
treatment exists.
(12) Any other serious illness that the Department, in
consultation with interested stakeholders, determines to
be appropriate.
The definition of a serious illness life-limiting medical
condition shall not include a definitive time period due to
the difficulty and challenges of prognosticating life
expectancy in children.
(Source: P.A. 96-1078, eff. 7-16-10.)
(305 ILCS 60/30)
Sec. 30. Authorized providers. Providers authorized to
deliver services under the pilot waiver program shall include
licensed hospice agencies or home health agencies licensed to
provide hospice care or entities with demonstrated expertise
in pediatric palliative care and will be subject to further

criteria developed by the Department, in consultation with
interested stakeholders, for provider participation. At a
minimum, the participating provider must house a pediatric
interdisciplinary team that includes: (i) a physician, acting
as the program medical director, who is board certified or
board eligible in pediatrics or hospice and palliative
medicine; (ii) a registered nurse; and (iii) a licensed social
worker with a background in pediatric care a pediatric medical
director, a nurse, and a licensed social worker. All members
of the pediatric interdisciplinary team must meet criteria the
Department may establish by rule, including demonstrated
expertise in pediatric palliative care. submit to the
Department proof of pediatric End-of-Life Nursing Education
Curriculum (Pediatric ELNEC Training) or an equivalent.
(Source: P.A. 96-1078, eff. 7-16-10.)
(305 ILCS 60/35)
Sec. 35. Interdisciplinary team; services. Subject to
federal approval for matching funds, the reimbursable services
offered under the pilot program shall be provided by an
interdisciplinary team, operating under the direction of a
program pediatric medical director, and shall include, but not
be limited to, the following:
(1) Nursing Pediatric nursing for pain and symptom
management.
(2) Expressive therapies (such as music or and art

therapies) for age-appropriate counseling.
(3) Client and family counseling (provided by a
licensed social worker, licensed professional counselor,
child life specialist, or non-denominational chaplain or
spiritual counselor).
(4) Respite care.
(5) Bereavement services.
(6) Case management.
(7) Any other services that the Department determines
to be appropriate.
(Source: P.A. 96-1078, eff. 7-16-10.)
(305 ILCS 60/37 new)
Sec. 37. Medical assistance program standards for
pediatric palliative care services. The Department, in
consultation with interested stakeholders, shall establish
standards for the provision of pediatric palliative care
services under the medical assistance program under Article V
of the Illinois Public Aid Code. The Department shall
establish standards for and provide technical assistance to
managed care organizations, as defined in Section 5-30.1 of
the Illinois Public Aid Code, to ensure the delivery of
pediatric palliative care services to qualifying children.
(305 ILCS 60/40)
Sec. 40. Administration.

(a) The Department shall oversee the administration of the
pilot program. The Department, in consultation with interested
stakeholders, shall determine the appropriate process for
review of referrals and enrollment of qualifying children
participants.
(b) The Department shall appoint an individual or entity
to serve as program case manager or an alternative position to
assess level-of-care and target-population criteria for the
pilot program. The Department shall ensure that the individual
or entity meets the criteria for demonstrated expertise in
pediatric palliative care that the Department, in consultation
with interested stakeholders, may establish by rule receives
pediatric End-of-Life Nursing Education Curriculum (Pediatric
ELNEC Training) or an equivalent to become familiarized with
the unique needs and difficulties facing this population. The
process for review of referrals and enrollment of qualifying
children participants shall not include unnecessary delays and
shall reflect the fact that treatment of pain and other
distressing symptoms represents an urgent need for children
with a serious illness life-limiting medical conditions. The
process shall also acknowledge that children with a serious
illness life-limiting medical conditions and their families
require holistic and seamless care.
(Source: P.A. 96-1078, eff. 7-16-10.)
(305 ILCS 60/45)

Sec. 45. Report. Period of pilot program. After the
program has been in place for 3 years, the Department shall
prepare a report for the General Assembly concerning the
program's outcomes effectiveness and shall also make
recommendations for program improvement, including, but not
limited to, the appropriateness of those serious illnesses
that render a child who is enrolled in the medical assistance
program eligible for the program as defined in subsection (b)
of Section 25 and the necessary services needed to ensure
high-quality care for qualifying children and their families.
(a) The program implemented under this Act shall be
considered a pilot program for 3 years following the date of
program implementation or, if the pilot program is created
utilizing a waiver authority, until the waiver that includes
the services provided under the program undergoes the
federally mandated renewal process.
(b) During the period of time that the waiver program is
considered a pilot program, pediatric palliative care shall be
included in the issues reviewed by the Hospice and Palliative
Care Advisory Board. The Board shall make recommendations
regarding changes or improvements to the program, including
but not limited to advisement on potential expansion of the
potentially life-limiting medical conditions as defined in
subsection (b) of Section 25.
(c) At the end of the 3-year pilot program, the Department
shall prepare a report for the General Assembly concerning the

program's outcomes effectiveness and shall also make
recommendations for program improvement, including, but not
limited to, the appropriateness of the potentially
life-limiting medical conditions as defined in subsection (b)
of Section 25.
(Source: P.A. 96-1078, eff. 7-16-10.)
(305 ILCS 60/3 rep.)
Section 10. The Pediatric Palliative Care Act is amended
by repealing Section 3.