Bill Amendment: IL HB0823 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: IDPH-PHLEBOTOMY-TRAINING

Status: 2020-06-24 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [HB0823 Detail]

Download: Illinois-2019-HB0823-Senate_Amendment_002.html

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Sen. Mattie Hunter

Filed: 5/23/2020

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AMENDMENT TO HOUSE BILL 823
AMENDMENT NO. ______. Amend House Bill 823, AS AMENDED, by
replacing Section 1 with the following:
"Article 1. Sickle Cell Prevention,
Care, and Treatment Program
Section 1-1. Short title. This Act may be cited as the
Sickle Cell Prevention, Care, and Treatment Program Act.
References in this Article to "this Act" mean this Article.";
and
by renumbering Sections 5, 10, 15, 20, 25, 30, and 90 as
Sections 1-5, 1-10, 1-15, 1-20, 1-25, 1-30, and 1-90; and
by inserting at the end of the bill the following:
"Article 15. Telehealth During the COVID-19 Pandemic Act

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Section 15-1. Short title. This Article may be cited as the
Telehealth During the COVID-19 Pandemic Act. References in this
Article to "this Act" mean this Article.
Section 15-5. Applicability. This Act applies to any health
insurance coverage other than excepted benefits as defined in
45 CFR 146.145(b) and 45 CFR 148.220. Any policy, contract, or
certificate of health insurance coverage that does not
distinguish between in-network and out-of-network providers
shall be subject to this Act as though all providers were
in-network.
Section 15-10. Definitions. As used in this Act:
"Health insurance coverage" has the meaning given to that
term in Section 5 of the Illinois Health Insurance Portability
and Accountability Act.
"Health insurance issuer" has the meaning given to that
term in Section 5 of the Illinois Health Insurance Portability
and Accountability Act.
"Telehealth services" means the provision of health care,
psychiatry, mental health treatment, substance use disorder
treatment, and related services to a patient, regardless of his
or her location, through electronic or telephonic methods, such
as telephone (landline or cellular), video technology commonly
available on smart phones and other devices, and

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videoconferencing, as well as any method within the meaning of
telehealth services under Section 356z.22 of the Illinois
Insurance Code.
Section 15-15. Coverage for telehealth services during the
COVID-19 pandemic.
(a) In order to protect the public's health, to permit
expedited treatment of health conditions during the COVID-19
pandemic, and to mitigate its impact upon the residents of the
State of Illinois, all health insurance issuers regulated by
the Department of Insurance shall cover the costs of all
telehealth services rendered by in-network providers to
deliver any clinically appropriate, medically necessary
covered services and treatments to insureds, enrollees, and
members under each policy, contract, or certificate of health
insurance coverage.
(b) Health insurance issuers may establish reasonable
requirements and parameters for telehealth services, including
with respect to documentation and recordkeeping, to the extent
consistent with this Act or any company bulletin issued by the
Department of Insurance under Executive Order 2020-09. A health
insurance issuer's requirements and parameters may not be more
restrictive or less favorable toward providers, insureds,
enrollees, or members than those contained in the emergency
rulemaking undertaken by the Department of Healthcare and
Family Services at 89 Ill. Adm. Code 140.403(e). Health

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insurance issuers shall notify providers of any instructions
necessary to facilitate billing for telehealth services.
Section 15-20. Prior authorization and utilization review
requirements.
(a) In order to ensure that health care is quickly and
efficiently provided to the public, health insurance issuers
shall not impose upon telehealth services utilization review
requirements that are unnecessary, duplicative, or unwarranted
nor impose any treatment limitations that are more stringent
than the requirements applicable to the same health care
service when rendered in-person.
(b) For telehealth services that relate to COVID-19
delivered by in-network providers, health insurance issuers
shall not impose any prior authorization requirements.
Section 15-25. Cost-sharing prohibited. Health insurance
issuers shall not impose any cost-sharing (copayments,
deductibles, or coinsurance) for telehealth services provided
by in-network providers. However, in accordance with the
standards and definitions in 26 U.S.C. 223, if an enrollee in a
high-deductible health plan has not met the applicable
deductible under the terms of his or her coverage, the
requirements of this Section do not require an issuer to pay
for a charge for telehealth services unless the associated
health care service for that particular charge is deemed

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preventive care by the United States Department of the
Treasury. The federal Internal Revenue Service has recognized
that services for testing, treatment, and any potential
vaccination for COVID-19 fall within the scope of preventive
care.
Section 15-30. Eligible services. Services eligible under
this Act include services provided by any professional,
practitioner, clinician, or other provider who is licensed,
certified, registered, or otherwise authorized to practice in
the State where the patient receives treatment, subject to the
provisions of the Telehealth Act for any health care
professional, as defined in the Telehealth Act, who delivers
treatment through telehealth to a patient located in this
State, and substance use disorder professionals and clinicians
authorized by Illinois law to provide substance use disorder
services.
Section 15-35. Mental Health and Developmental
Disabilities Confidentiality Act. A covered health care
provider or covered entity subject to the requirements of the
Mental Health and Developmental Disabilities Confidentiality
Act that uses audio or video communication technology to
provide telehealth services to mental health and developmental
disability patients may use any non-public facing remote
communication product in accordance with this Act to the extent

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allowed by the U.S. Department of Health and Human Services
under the federal Health Insurance Portability and
Accountability Act of 1996 for the duration of the
Gubernatorial Disaster Proclamation issued by the Governor on
March 9, 2020 concerning COVID-19 and any subsequent
Gubernatorial Disaster Proclamation issued by the Governor
concerning COVID-19. Providers and covered entities shall, to
the extent feasible, notify patients that third-party
applications potentially introduce privacy risks. Providers
shall enable all available encryption and privacy modes when
using such applications. A public facing video communication
application may not be used in the provision of telehealth
services by covered health care providers or covered entities.
Section 15-40. Rulemaking authority. The Department of
Insurance may adopt rules to implement the provisions of this
Act.
Section 15-90. Repeal. This Act is repealed on December 31,
2020.
Section 15-95. The Illinois Insurance Code is amended by
changing Section 356z.22 as follows:
(215 ILCS 5/356z.22)
Sec. 356z.22. Coverage for telehealth services.

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(a) For purposes of this Section:
"Distant site" means the location at which the health care
provider rendering the telehealth service is located.
"Interactive telecommunications system" means an audio and
video system permitting 2-way, live interactive communication
between the patient and the distant site health care provider.
"Originating site" means the location at which the patient
is located at the time that health care services are provided
to the patient by means of telehealth. "Originating site"
includes only the sites described in 42 U.S.C.
1395m(m)(4)(C)(ii).
"Telehealth services" means the delivery of covered health
care services by way of an interactive telecommunications
system, through electronic means, or through telephonic means
(landline or cellular).
(b) If an individual or group policy of accident or health
insurance provides coverage for telehealth services, then it
must comply with the following:
(1) An individual or group policy of accident or health
insurance providing telehealth services may not:
(A) require that in-person contact occur between a
health care provider and a patient;
(B) require the health care provider to document a
barrier to an in-person consultation for coverage of
services to be provided through telehealth;
(C) require the use of telehealth when the health

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care provider has determined that it is not
appropriate; or
(D) require the use of telehealth when a patient
chooses an in-person consultation.
(2) Deductibles, copayments, or coinsurance applicable
to services provided through telehealth shall not exceed
the deductibles, copayments, or coinsurance required by
the individual or group policy of accident or health
insurance for the same services provided through in-person
consultation.
(3) An individual or group policy of accident or health
insurance may not exclude from coverage a medically
necessary health care service or procedure delivered by a
contracted health care professional or contracted health
care provider solely because the service or procedure is
provided through telehealth.
(4) Nothing in this Act shall prohibit an insurer from
entering a contract for telehealth services in which the
terms and reimbursement, including the facility fee, are
subject to negotiation. However, no facility fee shall be
paid with respect to the home of an individual other than
the home of a health care provider when used as his or her
office for providing health care services.
(b-5) If an individual or group policy of accident or
health insurance provides coverage for telehealth services, it
must provide coverage for licensed dietitian nutritionists and

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certified diabetes educators who counsel senior diabetes
patients in the senior diabetes patients' homes to remove the
hurdle of transportation for senior diabetes patients to
receive treatment.
(c) Nothing in this Section shall be deemed as precluding a
health insurer from providing benefits for other services,
including, but not limited to, remote monitoring services,
other monitoring services, or oral communications otherwise
covered under the policy.
(Source: P.A. 100-1009, eff. 1-1-19.)
Article 99. Effective Date
Section 99-99. Effective date. Article 15 and this Article
take effect upon becoming law.".