Bill Text: IL SB1581 | 2025-2026 | 104th General Assembly | Introduced


Bill Title: Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that on and after January 1, 2026, the reimbursement rates for all dental services for children shall be increased 50% above the rates in effect on December 31, 2025. Effective January 1, 2026.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-04 - Referred to Assignments [SB1581 Detail]

Download: Illinois-2025-SB1581-Introduced.html

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1581

Introduced 2/4/2025, by Sen. Karina Villa

SYNOPSIS AS INTRODUCED:
305 ILCS 5/5-5

    Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that on and after January 1, 2026, the reimbursement rates for all dental services for children shall be increased 50% above the rates in effect on December 31, 2025. Effective January 1, 2026.
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A BILL FOR

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

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

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

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1eligible for assistance under this Article. The Department
2shall comply with all federal requirements necessary to obtain
3federal financial participation, as specified in 42 CFR
4433.15(b)(7), for telephone-based counseling services provided
5through the Illinois Tobacco Quitline, including, but not
6limited to: (i) entering into a memorandum of understanding or
7interagency agreement with the Department of Public Health, as
8administrator of the Illinois Tobacco Quitline; and (ii)
9developing a cost allocation plan for Medicaid-allowable
10Illinois Tobacco Quitline services in accordance with 45 CFR
1195.507. The Department shall submit the memorandum of
12understanding or interagency agreement, the cost allocation
13plan, and all other necessary documentation to the Centers for
14Medicare and Medicaid Services for review and approval.
15Coverage under this paragraph shall be contingent upon federal
16approval.
17    Notwithstanding any other provision of this Code, the
18Illinois Department may not require, as a condition of payment
19for any laboratory test authorized under this Article, that a
20physician's handwritten signature appear on the laboratory
21test order form. The Illinois Department may, however, impose
22other appropriate requirements regarding laboratory test order
23documentation.
24    Upon receipt of federal approval of an amendment to the
25Illinois Title XIX State Plan for this purpose, the Department
26shall authorize the Chicago Public Schools (CPS) to procure a

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

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1    On and after July 1, 2018, the Department of Healthcare
2and Family Services shall provide dental services to any adult
3who is otherwise eligible for assistance under the medical
4assistance program. As used in this paragraph, "dental
5services" means diagnostic, preventative, restorative, or
6corrective procedures, including procedures and services for
7the prevention and treatment of periodontal disease and dental
8caries disease, provided by an individual who is licensed to
9practice dentistry or dental surgery or who is under the
10supervision of a dentist in the practice of his or her
11profession.
12    On and after July 1, 2018, targeted dental services, as
13set forth in Exhibit D of the Consent Decree entered by the
14United States District Court for the Northern District of
15Illinois, Eastern Division, in the matter of Memisovski v.
16Maram, Case No. 92 C 1982, that are provided to adults under
17the medical assistance program shall be established at no less
18than the rates set forth in the "New Rate" column in Exhibit D
19of the Consent Decree for targeted dental services that are
20provided to persons under the age of 18 under the medical
21assistance program.
22    Subject to federal approval, on and after January 1, 2025,
23the rates paid for sedation evaluation and the provision of
24deep sedation and intravenous sedation for the purpose of
25dental services shall be increased by 33% above the rates in
26effect on December 31, 2024. The rates paid for nitrous oxide

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

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1requirements established in the Dental Office Reference Manual
2published by the Department that establishes the requirements
3for dentists participating in the All Kids Dental School
4Program. Every effort shall be made by the Department when
5developing the program requirements to consider the different
6geographic differences of both urban and rural areas of the
7State for initial treatment and necessary follow-up care. No
8provider shall be charged a fee by any unit of local government
9to participate in the school-based dental program administered
10by the Department. Nothing in this paragraph shall be
11construed to limit or preempt a home rule unit's or school
12district's authority to establish, change, or administer a
13school-based dental program in addition to, or independent of,
14the school-based dental program administered by the
15Department.
16    On and after January 1, 2026, the reimbursement rates for
17all dental services for children shall be increased 50% above
18the rates in effect on December 31, 2025.    
19    The Illinois Department, by rule, may distinguish and
20classify the medical services to be provided only in
21accordance with the classes of persons designated in Section
225-2.
23    The Department of Healthcare and Family Services must
24provide coverage and reimbursement for amino acid-based
25elemental formulas, regardless of delivery method, for the
26diagnosis and treatment of (i) eosinophilic disorders and (ii)

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

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

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1is designed to evaluate an abnormality in a breast, including
2an abnormality seen or suspected on a screening mammogram or a
3subjective or objective abnormality otherwise detected in the
4breast.
5    "Low-dose mammography" means the x-ray examination of the
6breast using equipment dedicated specifically for mammography,
7including the x-ray tube, filter, compression device, and
8image receptor, with an average radiation exposure delivery of
9less than one rad per breast for 2 views of an average size
10breast. The term also includes digital mammography and
11includes breast tomosynthesis.
12    "Breast tomosynthesis" means a radiologic procedure that
13involves the acquisition of projection images over the
14stationary breast to produce cross-sectional digital
15three-dimensional images of the breast.
16    If, at any time, the Secretary of the United States
17Department of Health and Human Services, or its successor
18agency, promulgates rules or regulations to be published in
19the Federal Register or publishes a comment in the Federal
20Register or issues an opinion, guidance, or other action that
21would require the State, pursuant to any provision of the
22Patient Protection and Affordable Care Act (Public Law
23111-148), including, but not limited to, 42 U.S.C.
2418031(d)(3)(B) or any successor provision, to defray the cost
25of any coverage for breast tomosynthesis outlined in this
26paragraph, then the requirement that an insurer cover breast

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1tomosynthesis is inoperative other than any such coverage
2authorized under Section 1902 of the Social Security Act, 42
3U.S.C. 1396a, and the State shall not assume any obligation
4for the cost of coverage for breast tomosynthesis set forth in
5this paragraph.
6    On and after January 1, 2016, the Department shall ensure
7that all networks of care for adult clients of the Department
8include access to at least one breast imaging Center of
9Imaging Excellence as certified by the American College of
10Radiology.
11    On and after January 1, 2012, providers participating in a
12quality improvement program approved by the Department shall
13be reimbursed for screening and diagnostic mammography at the
14same rate as the Medicare program's rates, including the
15increased reimbursement for digital mammography and, after
16January 1, 2023 (the effective date of Public Act 102-1018),
17breast tomosynthesis.
18    The Department shall convene an expert panel including
19representatives of hospitals, free-standing mammography
20facilities, and doctors, including radiologists, to establish
21quality standards for mammography.
22    On and after January 1, 2017, providers participating in a
23breast cancer treatment quality improvement program approved
24by the Department shall be reimbursed for breast cancer
25treatment at a rate that is no lower than 95% of the Medicare
26program's rates for the data elements included in the breast

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1cancer treatment quality program.
2    The Department shall convene an expert panel, including
3representatives of hospitals, free-standing breast cancer
4treatment centers, breast cancer quality organizations, and
5doctors, including radiologists that are trained in all forms
6of FDA-approved FDA approved breast imaging technologies,
7breast surgeons, reconstructive breast surgeons, oncologists,
8and primary care providers to establish quality standards for
9breast cancer treatment.
10    Subject to federal approval, the Department shall
11establish a rate methodology for mammography at federally
12qualified health centers and other encounter-rate clinics.
13These clinics or centers may also collaborate with other
14hospital-based mammography facilities. By January 1, 2016, the
15Department shall report to the General Assembly on the status
16of the provision set forth in this paragraph.
17    The Department shall establish a methodology to remind
18individuals who are age-appropriate for screening mammography,
19but who have not received a mammogram within the previous 18
20months, of the importance and benefit of screening
21mammography. The Department shall work with experts in breast
22cancer outreach and patient navigation to optimize these
23reminders and shall establish a methodology for evaluating
24their effectiveness and modifying the methodology based on the
25evaluation.
26    The Department shall establish a performance goal for

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

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1in-network covered benefit.
2    The Department shall provide coverage and reimbursement
3for a human papillomavirus (HPV) vaccine that is approved for
4marketing by the federal Food and Drug Administration for all
5persons between the ages of 9 and 45. Subject to federal
6approval, the Department shall provide coverage and
7reimbursement for a human papillomavirus (HPV) vaccine for
8persons of the age of 46 and above who have been diagnosed with
9cervical dysplasia with a high risk of recurrence or
10progression. The Department shall disallow any
11preauthorization requirements for the administration of the
12human papillomavirus (HPV) vaccine.
13    On or after July 1, 2022, individuals who are otherwise
14eligible for medical assistance under this Article shall
15receive coverage for perinatal depression screenings for the
1612-month period beginning on the last day of their pregnancy.
17Medical assistance coverage under this paragraph shall be
18conditioned on the use of a screening instrument approved by
19the Department.
20    Any medical or health care provider shall immediately
21recommend, to any pregnant individual who is being provided
22prenatal services and is suspected of having a substance use
23disorder as defined in the Substance Use Disorder Act,
24referral to a local substance use disorder treatment program
25licensed by the Department of Human Services or to a licensed
26hospital which provides substance abuse treatment services.

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

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

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

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

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1assistance under this Code, in accordance with regulations
2promulgated by the Illinois Department. The rules and
3regulations shall require that proof of the receipt of
4prescription drugs, dentures, prosthetic devices and
5eyeglasses by eligible persons under this Section accompany
6each claim for reimbursement submitted by the dispenser of
7such medical services. No such claims for reimbursement shall
8be approved for payment by the Illinois Department without
9such proof of receipt, unless the Illinois Department shall
10have put into effect and shall be operating a system of
11post-payment audit and review which shall, on a sampling
12basis, be deemed adequate by the Illinois Department to assure
13that such drugs, dentures, prosthetic devices and eyeglasses
14for which payment is being made are actually being received by
15eligible recipients. Within 90 days after September 16, 1984
16(the effective date of Public Act 83-1439), the Illinois
17Department shall establish a current list of acquisition costs
18for all prosthetic devices and any other items recognized as
19medical equipment and supplies reimbursable under this Article
20and shall update such list on a quarterly basis, except that
21the acquisition costs of all prescription drugs shall be
22updated no less frequently than every 30 days as required by
23Section 5-5.12.
24    Notwithstanding any other law to the contrary, the
25Illinois Department shall, within 365 days after July 22, 2013
26(the effective date of Public Act 98-104), establish

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1procedures to permit skilled care facilities licensed under
2the Nursing Home Care Act to submit monthly billing claims for
3reimbursement purposes. Following development of these
4procedures, the Department shall, by July 1, 2016, test the
5viability of the new system and implement any necessary
6operational or structural changes to its information
7technology platforms in order to allow for the direct
8acceptance and payment of nursing home claims.
9    Notwithstanding any other law to the contrary, the
10Illinois Department shall, within 365 days after August 15,
112014 (the effective date of Public Act 98-963), establish
12procedures to permit ID/DD facilities licensed under the ID/DD
13Community Care Act and MC/DD facilities licensed under the
14MC/DD Act to submit monthly billing claims for reimbursement
15purposes. Following development of these procedures, the
16Department shall have an additional 365 days to test the
17viability of the new system and to ensure that any necessary
18operational or structural changes to its information
19technology platforms are implemented.
20    The Illinois Department shall require all dispensers of
21medical services, other than an individual practitioner or
22group of practitioners, desiring to participate in the Medical
23Assistance program established under this Article to disclose
24all financial, beneficial, ownership, equity, surety or other
25interests in any and all firms, corporations, partnerships,
26associations, business enterprises, joint ventures, agencies,

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

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

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

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

SB1581- 26 -LRB104 06103 KTG 16136 b
1National Practitioner Data Bank (NPDB); program and agency
2exclusions; taxpayer identification numbers; tax delinquency;
3corporate information; and death records.
4    The Illinois Department shall enter into agreements with
5State agencies and departments, and is authorized to enter
6into agreements with federal agencies and departments, under
7which such agencies and departments shall share data necessary
8for medical assistance program integrity functions and
9oversight. The Illinois Department shall develop, in
10cooperation with other State departments and agencies, and in
11compliance with applicable federal laws and regulations,
12appropriate and effective methods to share such data. At a
13minimum, and to the extent necessary to provide data sharing,
14the Illinois Department shall enter into agreements with State
15agencies and departments, and is authorized to enter into
16agreements with federal agencies and departments, including,
17but not limited to: the Secretary of State; the Department of
18Revenue; the Department of Public Health; the Department of
19Human Services; and the Department of Financial and
20Professional Regulation.
21    Beginning in fiscal year 2013, the Illinois Department
22shall set forth a request for information to identify the
23benefits of a pre-payment, post-adjudication, and post-edit
24claims system with the goals of streamlining claims processing
25and provider reimbursement, reducing the number of pending or
26rejected claims, and helping to ensure a more transparent

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

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

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1(iii) is able to withstand at least 3 years of use; (iv) is
2cleaned, disinfected, sterilized, and safe in accordance with
3federal Food and Drug Administration regulations and guidance
4governing the reprocessing of medical devices in health care
5settings; and (v) equally meets the needs of the recipient or
6enrollee. The reutilization program shall confirm that the
7recipient or enrollee is not already in receipt of the same or
8similar equipment from another service provider, and that the
9refurbished durable medical equipment equally meets the needs
10of the recipient or enrollee. Nothing in this paragraph shall
11be construed to limit recipient or enrollee choice to obtain
12new durable medical equipment or place any additional prior
13authorization conditions on enrollees of managed care
14organizations.
15    The Department shall execute, relative to the nursing home
16prescreening project, written inter-agency agreements with the
17Department of Human Services and the Department on Aging, to
18effect the following: (i) intake procedures and common
19eligibility criteria for those persons who are receiving
20non-institutional services; and (ii) the establishment and
21development of non-institutional services in areas of the
22State where they are not currently available or are
23undeveloped; and (iii) notwithstanding any other provision of
24law, subject to federal approval, on and after July 1, 2012, an
25increase in the determination of need (DON) scores from 29 to
2637 for applicants for institutional and home and

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1community-based long term care; if and only if federal
2approval is not granted, the Department may, in conjunction
3with other affected agencies, implement utilization controls
4or changes in benefit packages to effectuate a similar savings
5amount for this population; and (iv) no later than July 1,
62013, minimum level of care eligibility criteria for
7institutional and home and community-based long term care; and
8(v) no later than October 1, 2013, establish procedures to
9permit long term care providers access to eligibility scores
10for individuals with an admission date who are seeking or
11receiving services from the long term care provider. In order
12to select the minimum level of care eligibility criteria, the
13Governor shall establish a workgroup that includes affected
14agency representatives and stakeholders representing the
15institutional and home and community-based long term care
16interests. This Section shall not restrict the Department from
17implementing lower level of care eligibility criteria for
18community-based services in circumstances where federal
19approval has been granted.
20    The Illinois Department shall develop and operate, in
21cooperation with other State Departments and agencies and in
22compliance with applicable federal laws and regulations,
23appropriate and effective systems of health care evaluation
24and programs for monitoring of utilization of health care
25services and facilities, as it affects persons eligible for
26medical assistance under this Code.

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1    The Illinois Department shall report annually to the
2General Assembly, no later than the second Friday in April of
31979 and each year thereafter, in regard to:
4        (a) actual statistics and trends in utilization of
5 medical services by public aid recipients;
6        (b) actual statistics and trends in the provision of
7 the various medical services by medical vendors;
8        (c) current rate structures and proposed changes in
9 those rate structures for the various medical vendors; and
10        (d) efforts at utilization review and control by the
11 Illinois Department.
12    The period covered by each report shall be the 3 years
13ending on the June 30 prior to the report. The report shall
14include suggested legislation for consideration by the General
15Assembly. The requirement for reporting to the General
16Assembly shall be satisfied by filing copies of the report as
17required by Section 3.1 of the General Assembly Organization
18Act, and filing such additional copies with the State
19Government Report Distribution Center for the General Assembly
20as is required under paragraph (t) of Section 7 of the State
21Library Act.
22    Rulemaking authority to implement Public Act 95-1045, if
23any, is conditioned on the rules being adopted in accordance
24with all provisions of the Illinois Administrative Procedure
25Act and all rules and procedures of the Joint Committee on
26Administrative Rules; any purported rule not so adopted, for

SB1581- 32 -LRB104 06103 KTG 16136 b
1whatever reason, is unauthorized.
2    On and after July 1, 2012, the Department shall reduce any
3rate of reimbursement for services or other payments or alter
4any methodologies authorized by this Code to reduce any rate
5of reimbursement for services or other payments in accordance
6with Section 5-5e.
7    Because kidney transplantation can be an appropriate,
8cost-effective alternative to renal dialysis when medically
9necessary and notwithstanding the provisions of Section 1-11
10of this Code, beginning October 1, 2014, the Department shall
11cover kidney transplantation for noncitizens with end-stage
12renal disease who are not eligible for comprehensive medical
13benefits, who meet the residency requirements of Section 5-3
14of this Code, and who would otherwise meet the financial
15requirements of the appropriate class of eligible persons
16under Section 5-2 of this Code. To qualify for coverage of
17kidney transplantation, such person must be receiving
18emergency renal dialysis services covered by the Department.
19Providers under this Section shall be prior approved and
20certified by the Department to perform kidney transplantation
21and the services under this Section shall be limited to
22services associated with kidney transplantation.
23    Notwithstanding any other provision of this Code to the
24contrary, on or after July 1, 2015, all FDA-approved FDA
25approved forms of medication assisted treatment prescribed for
26the treatment of alcohol dependence or treatment of opioid

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

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1are recommended by the federal Public Health Service or the
2United States Centers for Disease Control and Prevention for
3pre-exposure prophylaxis and related pre-exposure prophylaxis
4services, including, but not limited to, HIV and sexually
5transmitted infection screening, treatment for sexually
6transmitted infections, medical monitoring, assorted labs, and
7counseling to reduce the likelihood of HIV infection among
8individuals who are not infected with HIV but who are at high
9risk of HIV infection.
10    A federally qualified health center, as defined in Section
111905(l)(2)(B) of the federal Social Security Act, shall be
12reimbursed by the Department in accordance with the federally
13qualified health center's encounter rate for services provided
14to medical assistance recipients that are performed by a
15dental hygienist, as defined under the Illinois Dental
16Practice Act, working under the general supervision of a
17dentist and employed by a federally qualified health center.
18    Within 90 days after October 8, 2021 (the effective date
19of Public Act 102-665), the Department shall seek federal
20approval of a State Plan amendment to expand coverage for
21family planning services that includes presumptive eligibility
22to individuals whose income is at or below 208% of the federal
23poverty level. Coverage under this Section shall be effective
24beginning no later than December 1, 2022.
25    Subject to approval by the federal Centers for Medicare
26and Medicaid Services of a Title XIX State Plan amendment

SB1581- 35 -LRB104 06103 KTG 16136 b
1electing the Program of All-Inclusive Care for the Elderly
2(PACE) as a State Medicaid option, as provided for by Subtitle
3I (commencing with Section 4801) of Title IV of the Balanced
4Budget Act of 1997 (Public Law 105-33) and Part 460
5(commencing with Section 460.2) of Subchapter E of Title 42 of
6the Code of Federal Regulations, PACE program services shall
7become a covered benefit of the medical assistance program,
8subject to criteria established in accordance with all
9applicable laws.
10    Notwithstanding any other provision of this Code,
11community-based pediatric palliative care from a trained
12interdisciplinary team shall be covered under the medical
13assistance program as provided in Section 15 of the Pediatric
14Palliative Care Act.
15    Notwithstanding any other provision of this Code, within
1612 months after June 2, 2022 (the effective date of Public Act
17102-1037) and subject to federal approval, acupuncture
18services performed by an acupuncturist licensed under the
19Acupuncture Practice Act who is acting within the scope of his
20or her license shall be covered under the medical assistance
21program. The Department shall apply for any federal waiver or
22State Plan amendment, if required, to implement this
23paragraph. The Department may adopt any rules, including
24standards and criteria, necessary to implement this paragraph.
25    Notwithstanding any other provision of this Code, the
26medical assistance program shall, subject to federal approval,

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

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1to restore physical appearance shall be covered under the
2medical assistance program for persons who are otherwise
3eligible for medical assistance under this Article. As used in
4this paragraph, "reconstructive services" means treatments
5performed on structures of the body damaged by trauma to
6restore physical appearance.
7(Source: P.A. 102-43, Article 30, Section 30-5, eff. 7-6-21;
8102-43, Article 35, Section 35-5, eff. 7-6-21; 102-43, Article
955, Section 55-5, eff. 7-6-21; 102-95, eff. 1-1-22; 102-123,
10eff. 1-1-22; 102-558, eff. 8-20-21; 102-598, eff. 1-1-22;
11102-655, eff. 1-1-22; 102-665, eff. 10-8-21; 102-813, eff.
125-13-22; 102-1018, eff. 1-1-23; 102-1037, eff. 6-2-22;
13102-1038, eff. 1-1-23; 103-102, Article 15, Section 15-5, eff.
141-1-24; 103-102, Article 95, Section 95-15, eff. 1-1-24;
15103-123, eff. 1-1-24; 103-154, eff. 6-30-23; 103-368, eff.
161-1-24; 103-593, Article 5, Section 5-5, eff. 6-7-24; 103-593,
17Article 90, Section 90-5, eff. 6-7-24; 103-605, eff. 7-1-24;
18103-808, eff. 1-1-26; 103-909, eff. 8-9-24; 103-1040, eff.
198-9-24; revised 10-10-24.)
20    Section 99. Effective date. This Act takes effect January
211, 2026.
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