Bill Text: IL HB5417 | 2023-2024 | 103rd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Reinserts the provisions of the introduced bill with the following changes. Deletes references to the role of HIV Treatment Innovation Coordinator. Amends the Illinois Insurance Code. Provides that an individual or group policy of accident and health insurance amended, delivered, issued, or renewed in the State after January 1, 2026 (instead of January 1, 2025) shall provide coverage for home test kits for sexually transmitted infections, including any laboratory costs of processing the kit, that are deemed medically necessary or appropriate and ordered directly by a clinician (instead of a clinician or furnished through a standing order) for patient use. Amends the AIDS Confidentiality Act. Defines "conditional approval" to mean Illinois AIDS Drug Assistance Program approval within one business day after submission of documentation of Illinois residency, Program Agreement form, and attestation of remaining eligibility requirements (instead of approval within 24 hours after submission of the materials). Deletes a requirement that an applicant seeking conditional approval must document resident in the State. Provides that the Department of Public Health shall establish one Rapid Start for HIV Treatment pilot site per HIV Care Connect Region (instead of 8 pilot sites throughout the State). Provides that the Department may implement the pilot program in accordance with industry standards informed by the most current Health Resources and Services Administration guidance on HIV care and treatment (in addition to the most current Centers for Disease Control and Prevention guidance). Provides that the Department shall compile reports from each of the pilot sites on the operation of the pilot program upon completion of the pilot period (instead of publishing a report on the operation of the program 15 months after the pilot sites have launched). Makes other changes. Amends the County Jail Act. Removes a provision that required a report by the Department of Corrections to include whether the warden of the jail had sought certain information from the Department of Public Health or community-based organizations certified to provide HIV/AIDS testing.

Spectrum: Partisan Bill (Democrat 45-1)

Status: (Engrossed) 2024-11-21 - Added as Alternate Co-Sponsor Sen. Laura Fine [HB5417 Detail]

Download: Illinois-2023-HB5417-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5417 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED:
See Index
Amends the Department of Public Health Act. Establishes the role of HIV Treatment Innovation Coordinator to be housed within the Department. Provides that the Department shall create and fill the Coordinator role within 6 months after the effective date of the amendatory Act. Requires the Coordinator to develop and execute a comprehensive strategy to adopt a Rapid Start model for HIV treatment as the standard of care. Requires compensation and benefits for the Coordinator be at the Program Director level. Describes the specific job responsibilities of the Coordinator. Amends the Illinois Insurance Code. Provides that an individual or group policy of accident and health insurance amended, delivered, issued, or renewed in this State on or after January 1, 2025 shall provide coverage for home test kits for sexually transmitted infections, including any laboratory costs of processing the home test kit, that are deemed medically necessary or appropriate and ordered directly by a clinician or furnished through a standing order for patient use based on clinical guidelines and individual patient health needs. Makes a conforming change to the Illinois Public Aid Code regarding coverage for home test kits for sexually transmitted infections. Amends the AIDS Confidentiality Act. Creates the Illinois AIDS Drug Assistance Program. Provides that Illinois AIDS Drug Assistance Program applications shall be processed within 72 hours after the time of submission. Provides for conditional approval of Illinois AIDS Drug Assistance Program applications within 24 hours after time of submission. Requires Illinois AIDS Drug Assistance Program applicants to document residency within the State of Illinois. Provides for 8 Rapid Start for HIV Treatment pilot sites established by the Department of Public Health. Provides that the Department shall publish a report on the operation of the pilot program 15 months after the pilot sites have launched. Establishes requirements for the report, requires that the report be shared with the General Assembly, the Governor's Office, and requires that the report be made available on the Department's Internet website. Amends the County Jail Act. Creates new annual adult correctional facility public inspection report requirements on the topics of HIV and AIDS.
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A BILL FOR
HB5417 LRB103 39489 CES 69685 b
AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Department of Public Health Act is amended
by adding Section 6.5 as follows:
(20 ILCS 2305/6.5 new)
Sec. 6.5. HIV Treatment Innovation Coordinator.
(a) Within 6 months after the effective date of this
amendatory Act of the 103rd General Assembly, the Department
of Public Health shall create and fill the position of "HIV
Treatment Innovation Coordinator" within the HIV Section and
shall employ a full-time person to serve in this position. The
HIV Treatment Innovation Coordinator shall develop and execute
a comprehensive strategy to adopt a Rapid Start model for HIV
treatment as the standard of care, aligning with industry
standards informed by the most current guidance of the Centers
for Disease Control and Prevention on HIV care and treatment.
(b) The HIV Treatment Innovation Coordinator employed by
the Department shall be compensated at a rate that is
comparable to the rate of compensation for a Program Director
and shall be provided benefits similar to those of a Program
Director. The HIV Treatment Innovation Coordinator shall also
be provided similar means and resources as those supplied to a

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Program Director. The Department shall not modify any current
position to meet these requirements. The position of HIV
Treatment Innovation Coordinator shall be created and filled
anew, as set forth in this Section.
(c) The HIV Treatment Innovation Coordinator shall have
the following responsibilities:
(1) The Coordinator shall develop and execute a
comprehensive strategy for the adoption of the Rapid Start
model for HIV treatment, aligning with public health
objectives outlined in the Getting to Zero Illinois Plan,
including the process and qualifications for choosing the
8 rapid start pilots.
(2) The Coordinator shall support the launch of 8
rapid start pilots within 12 months after the effective
date of this amendatory Act of the 103rd General Assembly.
(3) The Coordinator shall establish coordination
efforts between pilot sites and health care providers,
community organizations, and stakeholders for the
successful implementation of the Rapid Start for HIV
treatment model.
(4) The Coordinator shall provide educational
resources, technical assistance, and training to
healthcare professionals at pilot sites to ensure a
thorough understanding and effective implementation of
Rapid Start for HIV treatment protocols.
(5) The Coordinator shall facilitate regular data

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collection from Rapid Start for HIV treatment pilot sites
to optimize service delivery and monitor equitable access
to communities disproportionately impacted by HIV/AIDS.
(6) The Coordinator shall be responsible for the
management and allocation of resources dedicated to the
implementation of the Rapid Start for HIV treatment model,
including technical assistance, capacity building, and
grant management.
(7) The Coordinator shall be responsible for creating
and disseminating the report on the operation of the pilot
program 15 months after the pilot sites have launched as
required under the AIDS Confidentiality Act. The report
shall include:
(i) the number of enrolled participants; and
(ii) the length of time from initial diagnosis or
referral to the start of HIV treatment, and, when
available, the length of time during which
participants were able to achieve an undetectable
viral load.
Data shall also include demographic data on the racial,
ethnic, age, sex, disability status, sexual orientation,
gender identity, and primary or preferred language of program
participants in accordance with the Data Governance and
Organization to Support Equity and Racial Justice Act. The
report shall include the Department's recommendations
concerning the continued operation of the Rapid Start for HIV

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treatment pilot program and its expansion or progress towards
becoming the standard of care for HIV treatment. The contents
of the report shall be in accordance with the AIDS
Confidentiality Act. The Coordinator shall share the report
with the Illinois General Assembly, the Governor's Office and
shall make it publicly available on the Department of Public
Health's Internet website.
Implementation of this Section is subject to
appropriations made to the Illinois Department of Public
Health for this purpose.
Section 10. The Illinois Insurance Code is amended by
adding Section 356z.71 as follows:
(215 ILCS 5/356z.71 new)
Sec. 356z.71. Coverage for home test kits for sexually
transmitted infections (STIs).
(a) As used in this Section, "home test kit" means a
product used for a test recommended by the federal Centers for
Disease Control and Prevention guidelines or the United States
Preventive Services Task Force that has received a certificate
of waiver under the Clinical Laboratory Improvement Amendments
to the federal Public Health Services Act, has been cleared or
approved by the United States Food and Drug Administration, or
has been developed by a laboratory in accordance with
established regulations and quality standards, to allow

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individuals to self-collect specimens for STIs, including HIV,
remotely at a location outside of a clinical setting.
(b) An individual or group policy of accident and health
insurance amended, delivered, issued, or renewed in this State
after January 1, 2025 shall provide coverage for home test
kits for sexually transmitted infections, including any
laboratory costs of processing the kit, that are deemed
medically necessary or appropriate and ordered directly by a
clinician or furnished through a standing order for patient
use based on clinical guidelines and individual patient health
needs.
(1) A commercial health care plan is required to cover
the services outlined in this subsection when ordered for
an enrollee by an in-network provider.
(2) Except as otherwise provided in this subsection, a
policy subject to this subsection shall not impose a
deductible, coinsurance, copayment, or any other
cost-sharing requirement on the coverage provided. The
provisions of this subsection do not apply to coverage of
procedures to the extent such coverage would disqualify a
high-deductible health plan from eligibility for a health
savings account pursuant to the federal Internal Revenue
Code, 26 U.S.C. 223.
(3) Except as otherwise authorized under this Section,
a policy shall not impose any restrictions or delays on
the coverage required under this Section.

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(4) If a plan or issuer uses a network of providers,
nothing in this Section shall be construed to require
coverage or to prohibit the plan or issuer from imposing
cost-sharing for items or services described in this
Section that are provided or delivered by an
out-of-network provider, unless the plan or issuer does
not have in its network a provider who is able to or is
willing to provide the applicable items or services.
Section 15. The Illinois Public Aid Code is amended by
changing Section 5-16.8 as follows:
(305 ILCS 5/5-16.8)
Sec. 5-16.8. Required health benefits. The medical
assistance program shall (i) provide the post-mastectomy care
benefits required to be covered by a policy of accident and
health insurance under Section 356t and the coverage required
under Sections 356g.5, 356q, 356u, 356w, 356x, 356z.6,
356z.26, 356z.29, 356z.32, 356z.33, 356z.34, 356z.35, 356z.46,
356z.47, 356z.51, 356z.53, 356z.56, 356z.59, 356z.60, and
356z.61, 356z.64, 356z.67, and 356z.71 of the Illinois
Insurance Code, (ii) be subject to the provisions of Sections
356z.19, 356z.44, 356z.49, 364.01, 370c, and 370c.1 of the
Illinois Insurance Code, and (iii) be subject to the
provisions of subsection (d-5) of Section 10 of the Network
Adequacy and Transparency Act.

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The Department, by rule, shall adopt a model similar to
the requirements of Section 356z.39 of the Illinois Insurance
Code.
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.
To ensure full access to the benefits set forth in this
Section, on and after January 1, 2016, the Department shall
ensure that provider and hospital reimbursement for
post-mastectomy care benefits required under this Section are
no lower than the Medicare reimbursement rate.
(Source: P.A. 102-30, eff. 1-1-22; 102-144, eff. 1-1-22;
102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-530, eff.
1-1-22; 102-642, eff. 1-1-22; 102-804, eff. 1-1-23; 102-813,
eff. 5-13-22; 102-816, eff. 1-1-23; 102-1093, eff. 1-1-23;
102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff.
1-1-24; 103-420, eff. 1-1-24; revised 12-15-23.)
Section 20. The AIDS Confidentiality Act is amended by
adding Section 5.6 as follows:
(410 ILCS 305/5.6 new)
Sec. 5.6. Illinois AIDS Drug Assistance Program.
(a) The purpose of this Section is to expand and assist

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with implementation of the Rapid Start for HIV treatment
model. The pilot sites will allow the development of a
coordinated system of health care services to provide timely
and quality HIV treatment. This will occur by increasing the
capacity of the Department of Public Health and build toward
establishing the Rapid Start model as the standard of care for
HIV treatment. This program shall be known as the Illinois
AIDS Drug Assistance Program or Illinois ADAP.
(b) In this Section:
"Conditional approval" means Illinois ADAP approval within
24 hours and allows for attestation of eligibility
requirements. An applicant seeking conditional approval must
document residency in the State of Illinois.
"Rapid Start for HIV Treatment" means initiating
antiretroviral therapy within 7 days after initial diagnosis
or within 7 days after referral to HIV medical care as defined
by the Centers for Disease Control and Prevention
recommendations for HIV treatment.
(c) Once a complete Illinois AIDS Drug Assistance Program
application is submitted with all necessary supporting
documents, processing of the application shall occur within 72
hours after the time of submission.
(d) Illinois ADAP shall establish a pathway for
conditional approval of Illinois ADAP enrollment, with the
requirement that applicants then submit a full Illinois ADAP
application within 30 days after receiving conditional

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approval.
(e) The Department of Public Health shall establish 8
Rapid Start for HIV Treatment pilot sites. Upon referral from
an HIV testing site, the program shall provide funding for and
coordination of health care services to support treatment
goals. The program shall provide ancillary services,
pharmaceutical drug assistance, and case management services
to participants while the appropriate transition is made for
continuity of care within the Rapid Start for HIV treatment
model timeline. The Department may adopt rules to implement
this pilot program in accordance with industry standards
informed by the most current Centers for Disease Control and
Prevention guidance on HIV care and treatment.
(f) The Pilot sites shall abide by the following
principles:
(1) Nothing About Us Without Us: Pilot site programs
and services shall be formulated with transparency,
community involvement, and direct ongoing input by people
living with and vulnerable to HIV.
(2) Equity: Pilot site programs and services shall
provide equitable support, services, and resources to all
participants and ensure accessibility to the greatest
extent possible. They shall also be established in
underserved communities.
(3) Self-Determination: Pilot site programs and
services shall prioritize individual dignity and autonomy

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in decision-making while encouraging people to connect
with additional services that promote health and
well-being.
(4) Reduce Stigma: Pilot site programs and services
shall affirm the humanity and dignity of people living
with or vulnerable to HIV and shall operate in a way that
is welcoming to reduce stigma and build trust.
(5) Safe Spaces: Pilot site programs and services
shall prioritize relationship-building and trust among
partners, staff, and participants to create safe spaces.
(g) The Department, in cooperation with the lead agency
designated under subsection (c), shall publish a report on the
operation of the pilot program 15 months after the pilot sites
have launched. The Department shall share the report with the
General Assembly and the Governor's Office and shall make it
publicly available on its Internet website. The report shall
include:
(1) the number offers made for enrollment;
(2) the number of enrolled participants;
(3) the number and reasons of patients declined for
service; and
(4) the length of time from initial diagnosis or
referral to the start of HIV treatment, and, when
available, the length of time participants were able to
achieve an undetectable viral load.
Data shall also include demographic data on the racial,

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ethnic, age, sex, disability status, sexual orientation,
gender identity, and primary or preferred language of program
participants in accordance with the Data Governance and
Organization to Support Equity and Racial Justice Act. The
report shall include the Department's recommendations
concerning the continued operation of the Rapid Start for HIV
treatment pilot program and its expansion or progress towards
becoming the standard of care for HIV treatment. The contents
of the report shall be in accordance with the AIDS
Confidentiality Act.
Implementation of this Section is subject to
appropriations made to the Illinois Department of Public
Health for this purpose.
Section 25. The County Jail Act is amended by changing
Section 17.10 as follows:
(730 ILCS 125/17.10)
Sec. 17.10. Requirements in connection with HIV/AIDS.
(a) In each county other than Cook, during the medical
admissions exam, the warden of the jail, a correctional
officer at the jail, or a member of the jail medical staff must
provide the prisoner with appropriate written information
concerning human immunodeficiency virus (HIV) and acquired
immunodeficiency syndrome (AIDS). The Department of Public
Health and community-based organizations certified to provide

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HIV/AIDS testing must provide these informational materials to
the warden at no cost to the county. The warden, a correctional
officer, or a member of the jail medical staff must inform the
prisoner of the option of being tested for infection with HIV
by a certified local community-based agency or other available
medical provider at no charge to the prisoner.
(b) In Cook County, during the medical admissions exam, an
employee of the Cook County Health & Hospitals System must
provide the prisoner with appropriate information in writing,
verbally or by video or other electronic means concerning
human immunodeficiency virus (HIV) and acquired
immunodeficiency syndrome (AIDS) and must also provide the
prisoner with option of testing for infection with HIV or any
other identified causative agent of AIDS, as well as
counseling in connection with such testing. The Cook County
Health & Hospitals System may provide the inmate with opt-out
human immunodeficiency virus (HIV) testing, as defined in
Section 4 of the AIDS Confidentiality Act, unless the inmate
refuses. If opt-out HIV testing is conducted, the Cook County
Health & Hospitals System shall place signs in English,
Spanish, and other languages as needed in multiple, highly
visible locations in the area where HIV testing is conducted
informing inmates that they will be tested for HIV unless they
refuse, and refusal or acceptance of testing shall be
documented in the inmate's medical record. Pre-test
information shall be provided to the inmate and informed

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consent obtained from the inmate as required in subsection (q)
of Section 3 and Section 5 of the AIDS Confidentiality Act. The
Cook County Health & Hospitals System shall follow procedures
established by the Department of Public Health to conduct HIV
testing and testing to confirm positive HIV test results. All
aspects of HIV testing shall comply with the requirements of
the AIDS Confidentiality Act, including delivery of test
results, as determined by the Cook County Health & Hospitals
System in consultation with the Illinois Department of Public
Health. Nothing in this Section shall require the Cook County
Health & Hospitals System to offer HIV testing to inmates who
are known to be infected with HIV. The Department of Public
Health and community-based organizations certified to provide
HIV/AIDS testing may provide these informational materials to
the Bureau at no cost to the county. The testing provided under
this subsection (b) shall consist of a test approved by the
Illinois Department of Public Health to determine the presence
of HIV infection, based upon recommendations of the United
States Centers for Disease Control and Prevention. If the test
result is positive, a reliable supplemental test based upon
recommendations of the United States Centers for Disease
Control and Prevention shall be administered.
(b-5) The Department of Corrections shall include the
following information in the annual adult correctional
facility public inspection report for each county:
(1) whether the warden of the jail, a correctional

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officer at the jail, or a member of the jail medical staff
provide the prisoner with appropriate written information
concerning HIV and AIDS during the medical admissions
exam;
(2) whether the warden, a correctional officer, or a
member of the jail medical staff informs the prisoner of
the option of being tested for infection with HIV by a
certified local community-based agency or other available
medical provider at no charge to the prisoner;
(3) whether the warden of the jail makes appropriate
written information or visual aids concerning HIV/AIDS
available to every visitor to the jail;
(4) whether the warden of the jail has contacted the
Department of Public Health or community-based
organizations certified to provide HIV/AIDS testing to
obtain informational materials within the past year;
(5) for Cook County, whether an employee of the Cook
County Health and Hospitals System provides the prisoner
with appropriate information in writing, verbally, or by
video or other electronic means concerning HIV and AIDS
during the medical admissions exam; and
(6) for Cook County, whether an employee of the Cook
County Health and Hospitals System provides the prisoner
with the option of testing for infection with HIV or any
other identified causative agent of AIDS, as well as
counseling in connection with such testing;

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The Department of Public Health and community-based
organizations certified to provide HIV/AIDS testing shall
provide these informational materials to the warden at no cost
to the office of the county sheriff.
(c) In each county, the warden of the jail must make
appropriate written information concerning HIV/AIDS available
to every visitor to the jail. This information must include
information concerning persons or entities to contact for
local counseling and testing. The Department of Public Health
and community-based organizations certified to provide
HIV/AIDS testing must provide these informational materials to
the warden at no cost to the office of the county sheriff.
(d) Implementation of this Section is subject to
appropriation.
(Source: P.A. 97-244, eff. 8-4-11; 97-323, eff. 8-12-11;
97-813, eff. 7-13-12; 98-1046, eff. 1-1-15.)
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INDEX
Statutes amended in order of appearance