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| Public Act 099-0236
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| HB1876 Enrolled | LRB099 06677 KTG 26750 b |  
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 AN ACT concerning public aid.
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 Be it enacted by the People of the State of Illinois,  | 
represented in the General Assembly: 
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 Section 5. The Illinois Public Aid Code is amended by  | 
changing Section 5-5 as follows:
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 (305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
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 Sec. 5-5. Medical services.  The Illinois Department, by  | 
rule, shall
determine the quantity and quality of and the rate  | 
of reimbursement for the
medical assistance for which
payment  | 
will be authorized, and the medical services to be provided,
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which may include all or part of the following: (1) inpatient  | 
hospital
services; (2) outpatient hospital services; (3) other  | 
laboratory and
X-ray services; (4) skilled nursing home  | 
services; (5) physicians'
services whether furnished in the  | 
office, the patient's home, a
hospital, a skilled nursing home,  | 
or elsewhere; (6) medical care, or any
other type of remedial  | 
care furnished by licensed practitioners; (7)
home health care  | 
services; (8) private duty nursing service; (9) clinic
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services; (10) dental services, including prevention and  | 
treatment of periodontal disease and dental caries disease for  | 
pregnant women, provided by an individual licensed to practice  | 
dentistry or dental surgery; for purposes of this item (10),  | 
"dental services" means diagnostic, preventive, or corrective  | 
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procedures provided by or under the supervision of a dentist in  | 
the practice of his or her profession; (11) physical therapy  | 
and related
services; (12) prescribed drugs, dentures, and  | 
prosthetic devices; and
eyeglasses prescribed by a physician  | 
skilled in the diseases of the eye,
or by an optometrist,  | 
whichever the person may select; (13) other
diagnostic,  | 
screening, preventive, and rehabilitative services, including  | 
to ensure that the individual's need for intervention or  | 
treatment of mental disorders or substance use disorders or  | 
co-occurring mental health and substance use disorders is  | 
determined using a uniform screening, assessment, and  | 
evaluation process inclusive of criteria, for children and  | 
adults; for purposes of this item (13), a uniform screening,  | 
assessment, and evaluation process refers to a process that  | 
includes an appropriate evaluation and, as warranted, a  | 
referral; "uniform" does not mean the use of a singular  | 
instrument, tool, or process that all must utilize; (14)
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transportation and such other expenses as may be necessary;  | 
(15) medical
treatment of sexual assault survivors, as defined  | 
in
Section 1a of the Sexual Assault Survivors Emergency  | 
Treatment Act, for
injuries sustained as a result of the sexual  | 
assault, including
examinations and laboratory tests to  | 
discover evidence which may be used in
criminal proceedings  | 
arising from the sexual assault; (16) the
diagnosis and  | 
treatment of sickle cell anemia; and (17)
any other medical  | 
care, and any other type of remedial care recognized
under the  | 
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laws of this State, but not including abortions, or induced
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miscarriages or premature births, unless, in the opinion of a  | 
physician,
such procedures are necessary for the preservation  | 
of the life of the
woman seeking such treatment, or except an  | 
induced premature birth
intended to produce a live viable child  | 
and such procedure is necessary
for the health of the mother or  | 
her unborn child. The Illinois Department,
by rule, shall  | 
prohibit any physician from providing medical assistance
to  | 
anyone eligible therefor under this Code where such physician  | 
has been
found guilty of performing an abortion procedure in a  | 
wilful and wanton
manner upon a woman who was not pregnant at  | 
the time such abortion
procedure was performed. The term "any  | 
other type of remedial care" shall
include nursing care and  | 
nursing home service for persons who rely on
treatment by  | 
spiritual means alone through prayer for healing.
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 Notwithstanding any other provision of this Section, a  | 
comprehensive
tobacco use cessation program that includes  | 
purchasing prescription drugs or
prescription medical devices  | 
approved by the Food and Drug Administration shall
be covered  | 
under the medical assistance
program under this Article for  | 
persons who are otherwise eligible for
assistance under this  | 
Article.
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 Notwithstanding any other provision of this Code, the  | 
Illinois
Department may not require, as a condition of payment  | 
for any laboratory
test authorized under this Article, that a  | 
physician's handwritten signature
appear on the laboratory  | 
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test order form. The Illinois Department may,
however, impose  | 
other appropriate requirements regarding laboratory test
order  | 
documentation.
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 Upon receipt of federal approval of an amendment to the  | 
Illinois Title XIX State Plan for this purpose, the Department  | 
shall authorize the Chicago Public Schools (CPS) to procure a  | 
vendor or vendors to manufacture eyeglasses for individuals  | 
enrolled in a school within the CPS system. CPS shall ensure  | 
that its vendor or vendors are enrolled as providers in the  | 
medical assistance program and in any capitated Medicaid  | 
managed care entity (MCE) serving individuals enrolled in a  | 
school within the CPS system. Under any contract procured under  | 
this provision, the vendor or vendors must serve only  | 
individuals enrolled in a school within the CPS system. Claims  | 
for services provided by CPS's vendor or vendors to recipients  | 
of benefits in the medical assistance program under this Code,  | 
the Children's Health Insurance Program, or the Covering ALL  | 
KIDS Health Insurance Program shall be submitted to the  | 
Department or the MCE in which the individual is enrolled for  | 
payment and shall be reimbursed at the Department's or the  | 
MCE's established rates or rate methodologies for eyeglasses.  | 
 On and after July 1, 2012, the Department of Healthcare and  | 
Family Services may provide the following services to
persons
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eligible for assistance under this Article who are  | 
participating in
education, training or employment programs  | 
operated by the Department of Human
Services as successor to  | 
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the Department of Public Aid:
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  (1) dental services provided by or under the  | 
 supervision of a dentist; and
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  (2) eyeglasses prescribed by a physician skilled in the  | 
 diseases of the
eye, or by an optometrist, whichever the  | 
 person may select.
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 Notwithstanding any other provision of this Code and  | 
subject to federal approval, the Department may adopt rules to  | 
allow a dentist who is volunteering his or her service at no  | 
cost to render dental services through an enrolled  | 
not-for-profit health clinic without the dentist personally  | 
enrolling as a participating provider in the medical assistance  | 
program. A not-for-profit health clinic shall include a public  | 
health clinic or Federally Qualified Health Center or other  | 
enrolled provider, as determined by the Department, through  | 
which dental services covered under this Section are performed.  | 
The Department shall establish a process for payment of claims  | 
for reimbursement for covered dental services rendered under  | 
this provision.  | 
 The Illinois Department, by rule, may distinguish and  | 
classify the
medical services to be provided only in accordance  | 
with the classes of
persons designated in Section 5-2.
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 The Department of Healthcare and Family Services must  | 
provide coverage and reimbursement for amino acid-based  | 
elemental formulas, regardless of delivery method, for the  | 
diagnosis and treatment of (i) eosinophilic disorders and (ii)  | 
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short bowel syndrome when the prescribing physician has issued  | 
a written order stating that the amino acid-based elemental  | 
formula is medically necessary.
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 The Illinois Department shall authorize the provision of,  | 
and shall
authorize payment for, screening by low-dose  | 
mammography for the presence of
occult breast cancer for women  | 
35 years of age or older who are eligible
for medical  | 
assistance under this Article, as follows: | 
  (A) A baseline
mammogram for women 35 to 39 years of  | 
 age.
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  (B) An annual mammogram for women 40 years of age or  | 
 older. | 
  (C) A mammogram at the age and intervals considered  | 
 medically necessary by the woman's health care provider for  | 
 women under 40 years of age and having a family history of  | 
 breast cancer, prior personal history of breast cancer,  | 
 positive genetic testing, or other risk factors. | 
  (D) A comprehensive ultrasound screening of an entire  | 
 breast or breasts if a mammogram demonstrates  | 
 heterogeneous or dense breast tissue, when medically  | 
 necessary as determined by a physician licensed to practice  | 
 medicine in all of its branches.  | 
 All screenings
shall
include a physical breast exam,  | 
instruction on self-examination and
information regarding the  | 
frequency of self-examination and its value as a
preventative  | 
tool. For purposes of this Section, "low-dose mammography"  | 
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means
the x-ray examination of the breast using equipment  | 
dedicated specifically
for mammography, including the x-ray  | 
tube, filter, compression device,
and image receptor, with an  | 
average radiation exposure delivery
of less than one rad per  | 
breast for 2 views of an average size breast.
The term also  | 
includes digital mammography.
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 On and after January 1, 2012, providers participating in a  | 
quality improvement program approved by the Department shall be  | 
reimbursed for screening and diagnostic mammography at the same  | 
rate as the Medicare program's rates, including the increased  | 
reimbursement for digital mammography. | 
 The Department shall convene an expert panel including  | 
representatives of hospitals, free-standing mammography  | 
facilities, and doctors, including radiologists, to establish  | 
quality standards. | 
 Subject to federal approval, the Department shall  | 
establish a rate methodology for mammography at federally  | 
qualified health centers and other encounter-rate clinics.  | 
These clinics or centers may also collaborate with other  | 
hospital-based mammography facilities. | 
 The Department shall establish a methodology to remind  | 
women who are age-appropriate for screening mammography, but  | 
who have not received a mammogram within the previous 18  | 
months, of the importance and benefit of screening mammography. | 
 The Department shall establish a performance goal for  | 
primary care providers with respect to their female patients  | 
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over age 40 receiving an annual mammogram. This performance  | 
goal shall be used to provide additional reimbursement in the  | 
form of a quality performance bonus to primary care providers  | 
who meet that goal. | 
 The Department shall devise a means of case-managing or  | 
patient navigation for beneficiaries diagnosed with breast  | 
cancer. This program shall initially operate as a pilot program  | 
in areas of the State with the highest incidence of mortality  | 
related to breast cancer. At least one pilot program site shall  | 
be in the metropolitan Chicago area and at least one site shall  | 
be outside the metropolitan Chicago area. An evaluation of the  | 
pilot program shall be carried out measuring health outcomes  | 
and cost of care for those served by the pilot program compared  | 
to similarly situated patients who are not served by the pilot  | 
program.  | 
 Any medical or health care provider shall immediately  | 
recommend, to
any pregnant woman who is being provided prenatal  | 
services and is suspected
of drug abuse or is addicted as  | 
defined in the Alcoholism and Other Drug Abuse
and Dependency  | 
Act, referral to a local substance abuse treatment provider
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licensed by the Department of Human Services or to a licensed
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hospital which provides substance abuse treatment services.  | 
The Department of Healthcare and Family Services
shall assure  | 
coverage for the cost of treatment of the drug abuse or
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addiction for pregnant recipients in accordance with the  | 
Illinois Medicaid
Program in conjunction with the Department of  | 
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Human Services.
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 All medical providers providing medical assistance to  | 
pregnant women
under this Code shall receive information from  | 
the Department on the
availability of services under the Drug  | 
Free Families with a Future or any
comparable program providing  | 
case management services for addicted women,
including  | 
information on appropriate referrals for other social services
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that may be needed by addicted women in addition to treatment  | 
for addiction.
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 The Illinois Department, in cooperation with the  | 
Departments of Human
Services (as successor to the Department  | 
of Alcoholism and Substance
Abuse) and Public Health, through a  | 
public awareness campaign, may
provide information concerning  | 
treatment for alcoholism and drug abuse and
addiction, prenatal  | 
health care, and other pertinent programs directed at
reducing  | 
the number of drug-affected infants born to recipients of  | 
medical
assistance.
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 Neither the Department of Healthcare and Family Services  | 
nor the Department of Human
Services shall sanction the  | 
recipient solely on the basis of
her substance abuse.
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 The Illinois Department shall establish such regulations  | 
governing
the dispensing of health services under this Article  | 
as it shall deem
appropriate. The Department
should
seek the  | 
advice of formal professional advisory committees appointed by
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the Director of the Illinois Department for the purpose of  | 
providing regular
advice on policy and administrative matters,  | 
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information dissemination and
educational activities for  | 
medical and health care providers, and
consistency in  | 
procedures to the Illinois Department.
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 The Illinois Department may develop and contract with  | 
Partnerships of
medical providers to arrange medical services  | 
for persons eligible under
Section 5-2 of this Code.  | 
Implementation of this Section may be by
demonstration projects  | 
in certain geographic areas. The Partnership shall
be  | 
represented by a sponsor organization. The Department, by rule,  | 
shall
develop qualifications for sponsors of Partnerships.  | 
Nothing in this
Section shall be construed to require that the  | 
sponsor organization be a
medical organization.
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 The sponsor must negotiate formal written contracts with  | 
medical
providers for physician services, inpatient and  | 
outpatient hospital care,
home health services, treatment for  | 
alcoholism and substance abuse, and
other services determined  | 
necessary by the Illinois Department by rule for
delivery by  | 
Partnerships. Physician services must include prenatal and
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obstetrical care. The Illinois Department shall reimburse  | 
medical services
delivered by Partnership providers to clients  | 
in target areas according to
provisions of this Article and the  | 
Illinois Health Finance Reform Act,
except that:
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  (1) Physicians participating in a Partnership and  | 
 providing certain
services, which shall be determined by  | 
 the Illinois Department, to persons
in areas covered by the  | 
 Partnership may receive an additional surcharge
for such  | 
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 services.
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  (2) The Department may elect to consider and negotiate  | 
 financial
incentives to encourage the development of  | 
 Partnerships and the efficient
delivery of medical care.
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  (3) Persons receiving medical services through  | 
 Partnerships may receive
medical and case management  | 
 services above the level usually offered
through the  | 
 medical assistance program.
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 Medical providers shall be required to meet certain  | 
qualifications to
participate in Partnerships to ensure the  | 
delivery of high quality medical
services. These  | 
qualifications shall be determined by rule of the Illinois
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Department and may be higher than qualifications for  | 
participation in the
medical assistance program. Partnership  | 
sponsors may prescribe reasonable
additional qualifications  | 
for participation by medical providers, only with
the prior  | 
written approval of the Illinois Department.
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 Nothing in this Section shall limit the free choice of  | 
practitioners,
hospitals, and other providers of medical  | 
services by clients.
In order to ensure patient freedom of  | 
choice, the Illinois Department shall
immediately promulgate  | 
all rules and take all other necessary actions so that
provided  | 
services may be accessed from therapeutically certified  | 
optometrists
to the full extent of the Illinois Optometric  | 
Practice Act of 1987 without
discriminating between service  | 
providers.
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 The Department shall apply for a waiver from the United  | 
States Health
Care Financing Administration to allow for the  | 
implementation of
Partnerships under this Section.
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 The Illinois Department shall require health care  | 
providers to maintain
records that document the medical care  | 
and services provided to recipients
of Medical Assistance under  | 
this Article. Such records must be retained for a period of not  | 
less than 6 years from the date of service or as provided by  | 
applicable State law, whichever period is longer, except that  | 
if an audit is initiated within the required retention period  | 
then the records must be retained until the audit is completed  | 
and every exception is resolved. The Illinois Department shall
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require health care providers to make available, when  | 
authorized by the
patient, in writing, the medical records in a  | 
timely fashion to other
health care providers who are treating  | 
or serving persons eligible for
Medical Assistance under this  | 
Article. All dispensers of medical services
shall be required  | 
to maintain and retain business and professional records
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sufficient to fully and accurately document the nature, scope,  | 
details and
receipt of the health care provided to persons  | 
eligible for medical
assistance under this Code, in accordance  | 
with regulations promulgated by
the Illinois Department. The  | 
rules and regulations shall require that proof
of the receipt  | 
of prescription drugs, dentures, prosthetic devices and
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eyeglasses by eligible persons under this Section accompany  | 
each claim
for reimbursement submitted by the dispenser of such  | 
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medical services.
No such claims for reimbursement shall be  | 
approved for payment by the Illinois
Department without such  | 
proof of receipt, unless the Illinois Department
shall have put  | 
into effect and shall be operating a system of post-payment
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audit and review which shall, on a sampling basis, be deemed  | 
adequate by
the Illinois Department to assure that such drugs,  | 
dentures, prosthetic
devices and eyeglasses for which payment  | 
is being made are actually being
received by eligible  | 
recipients. Within 90 days after the effective date of
this  | 
amendatory Act of 1984, the Illinois Department shall establish  | 
a
current list of acquisition costs for all prosthetic devices  | 
and any
other items recognized as medical equipment and  | 
supplies reimbursable under
this Article and shall update such  | 
list on a quarterly basis, except that
the acquisition costs of  | 
all prescription drugs shall be updated no
less frequently than  | 
every 30 days as required by Section 5-5.12.
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 The rules and regulations of the Illinois Department shall  | 
require
that a written statement including the required opinion  | 
of a physician
shall accompany any claim for reimbursement for  | 
abortions, or induced
miscarriages or premature births. This  | 
statement shall indicate what
procedures were used in providing  | 
such medical services.
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 Notwithstanding any other law to the contrary, the Illinois  | 
Department shall, within 365 days after July 22, 2013, (the  | 
effective date of Public Act 98-104), establish procedures to  | 
permit skilled care facilities licensed under the Nursing Home  | 
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Care Act to submit monthly billing claims for reimbursement  | 
purposes. Following development of these procedures, the  | 
Department shall, by July 1, 2016, have an additional 365 days  | 
to test the viability of the new system and implement to ensure  | 
that any necessary operational or structural changes to its  | 
information technology platforms in order to allow for the  | 
direct acceptance and payment of nursing home claims are  | 
implemented.  | 
 Notwithstanding any other law to the contrary, the Illinois  | 
Department shall, within 365 days after August 15, 2014 (the  | 
effective date of Public Act 98-963) this amendatory Act of the  | 
98th General Assembly, establish procedures to permit ID/DD  | 
facilities licensed under the ID/DD Community Care Act to  | 
submit monthly billing claims for reimbursement purposes.  | 
Following development of these procedures, the Department  | 
shall have an additional 365 days to test the viability of the  | 
new system and to ensure that any necessary operational or  | 
structural changes to its information technology platforms are  | 
implemented.  | 
 The Illinois Department shall require all dispensers of  | 
medical
services, other than an individual practitioner or  | 
group of practitioners,
desiring to participate in the Medical  | 
Assistance program
established under this Article to disclose  | 
all financial, beneficial,
ownership, equity, surety or other  | 
interests in any and all firms,
corporations, partnerships,  | 
associations, business enterprises, joint
ventures, agencies,  | 
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institutions or other legal entities providing any
form of  | 
health care services in this State under this Article.
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 The Illinois Department may require that all dispensers of  | 
medical
services desiring to participate in the medical  | 
assistance program
established under this Article disclose,  | 
under such terms and conditions as
the Illinois Department may  | 
by rule establish, all inquiries from clients
and attorneys  | 
regarding medical bills paid by the Illinois Department, which
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inquiries could indicate potential existence of claims or liens  | 
for the
Illinois Department.
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 Enrollment of a vendor
shall be
subject to a provisional  | 
period and shall be conditional for one year. During the period  | 
of conditional enrollment, the Department may
terminate the  | 
vendor's eligibility to participate in, or may disenroll the  | 
vendor from, the medical assistance
program without cause.  | 
Unless otherwise specified, such termination of eligibility or  | 
disenrollment is not subject to the
Department's hearing  | 
process.
However, a disenrolled vendor may reapply without  | 
penalty. 
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 The Department has the discretion to limit the conditional  | 
enrollment period for vendors based upon category of risk of  | 
the vendor. | 
 Prior to enrollment and during the conditional enrollment  | 
period in the medical assistance program, all vendors shall be  | 
subject to enhanced oversight, screening, and review based on  | 
the risk of fraud, waste, and abuse that is posed by the  | 
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category of risk of the vendor. The Illinois Department shall  | 
establish the procedures for oversight, screening, and review,  | 
which may include, but need not be limited to: criminal and  | 
financial background checks; fingerprinting; license,  | 
certification, and authorization verifications; unscheduled or  | 
unannounced site visits; database checks; prepayment audit  | 
reviews; audits; payment caps; payment suspensions; and other  | 
screening as required by federal or State law. | 
 The Department shall define or specify the following: (i)  | 
by provider notice, the "category of risk of the vendor" for  | 
each type of vendor, which shall take into account the level of  | 
screening applicable to a particular category of vendor under  | 
federal law and regulations; (ii) by rule or provider notice,  | 
the maximum length of the conditional enrollment period for  | 
each category of risk of the vendor; and (iii) by rule, the  | 
hearing rights, if any, afforded to a vendor in each category  | 
of risk of the vendor that is terminated or disenrolled during  | 
the conditional enrollment period.  | 
 To be eligible for payment consideration, a vendor's  | 
payment claim or bill, either as an initial claim or as a  | 
resubmitted claim following prior rejection, must be received  | 
by the Illinois Department, or its fiscal intermediary, no  | 
later than 180 days after the latest date on the claim on which  | 
medical goods or services were provided, with the following  | 
exceptions: | 
  (1) In the case of a provider whose enrollment is in  | 
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 process by the Illinois Department, the 180-day period  | 
 shall not begin until the date on the written notice from  | 
 the Illinois Department that the provider enrollment is  | 
 complete. | 
  (2) In the case of errors attributable to the Illinois  | 
 Department or any of its claims processing intermediaries  | 
 which result in an inability to receive, process, or  | 
 adjudicate a claim, the 180-day period shall not begin  | 
 until the provider has been notified of the error. | 
  (3) In the case of a provider for whom the Illinois  | 
 Department initiates the monthly billing process. | 
  (4) In the case of a provider operated by a unit of  | 
 local government with a population exceeding 3,000,000  | 
 when local government funds finance federal participation  | 
 for claims payments.  | 
 For claims for services rendered during a period for which  | 
a recipient received retroactive eligibility, claims must be  | 
filed within 180 days after the Department determines the  | 
applicant is eligible. For claims for which the Illinois  | 
Department is not the primary payer, claims must be submitted  | 
to the Illinois Department within 180 days after the final  | 
adjudication by the primary payer. | 
 In the case of long term care facilities, within 5 days of  | 
receipt by the facility of required prescreening information,  | 
data for new admissions shall be entered into the Medical  | 
Electronic Data Interchange (MEDI) or the Recipient  | 
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Eligibility Verification (REV) System or successor system, and  | 
within 15 days of receipt by the facility of required  | 
prescreening information, admission documents shall be  | 
submitted through MEDI or REV or shall be submitted directly to  | 
the Department of Human Services using required admission  | 
forms. Effective September
1, 2014, admission documents,  | 
including all prescreening
information, must be submitted  | 
through MEDI or REV. Confirmation numbers assigned to an  | 
accepted transaction shall be retained by a facility to verify  | 
timely submittal. Once an admission transaction has been  | 
completed, all resubmitted claims following prior rejection  | 
are subject to receipt no later than 180 days after the  | 
admission transaction has been completed. | 
 Claims that are not submitted and received in compliance  | 
with the foregoing requirements shall not be eligible for  | 
payment under the medical assistance program, and the State  | 
shall have no liability for payment of those claims. | 
 To the extent consistent with applicable information and  | 
privacy, security, and disclosure laws, State and federal  | 
agencies and departments shall provide the Illinois Department  | 
access to confidential and other information and data necessary  | 
to perform eligibility and payment verifications and other  | 
Illinois Department functions. This includes, but is not  | 
limited to: information pertaining to licensure;  | 
certification; earnings; immigration status; citizenship; wage  | 
reporting; unearned and earned income; pension income;  | 
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employment; supplemental security income; social security  | 
numbers; National Provider Identifier (NPI) numbers; the  | 
National Practitioner Data Bank (NPDB); program and agency  | 
exclusions; taxpayer identification numbers; tax delinquency;  | 
corporate information; and death records. | 
 The Illinois Department shall enter into agreements with  | 
State agencies and departments, and is authorized to enter into  | 
agreements with federal agencies and departments, under which  | 
such agencies and departments shall share data necessary for  | 
medical assistance program integrity functions and oversight.  | 
The Illinois Department shall develop, in cooperation with  | 
other State departments and agencies, and in compliance with  | 
applicable federal laws and regulations, appropriate and  | 
effective methods to share such data. At a minimum, and to the  | 
extent necessary to provide data sharing, the Illinois  | 
Department shall enter into agreements with State agencies and  | 
departments, and is authorized to enter into agreements with  | 
federal agencies and departments, including but not limited to:  | 
the Secretary of State; the Department of Revenue; the  | 
Department of Public Health; the Department of Human Services;  | 
and the Department of Financial and Professional Regulation. | 
 Beginning in fiscal year 2013, the Illinois Department  | 
shall set forth a request for information to identify the  | 
benefits of a pre-payment, post-adjudication, and post-edit  | 
claims system with the goals of streamlining claims processing  | 
and provider reimbursement, reducing the number of pending or  | 
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rejected claims, and helping to ensure a more transparent  | 
adjudication process through the utilization of: (i) provider  | 
data verification and provider screening technology; and (ii)  | 
clinical code editing; and (iii) pre-pay, pre- or  | 
post-adjudicated predictive modeling with an integrated case  | 
management system with link analysis. Such a request for  | 
information shall not be considered as a request for proposal  | 
or as an obligation on the part of the Illinois Department to  | 
take any action or acquire any products or services.  | 
 The Illinois Department shall establish policies,  | 
procedures,
standards and criteria by rule for the acquisition,  | 
repair and replacement
of orthotic and prosthetic devices and  | 
durable medical equipment. Such
rules shall provide, but not be  | 
limited to, the following services: (1)
immediate repair or  | 
replacement of such devices by recipients; and (2) rental,  | 
lease, purchase or lease-purchase of
durable medical equipment  | 
in a cost-effective manner, taking into
consideration the  | 
recipient's medical prognosis, the extent of the
recipient's  | 
needs, and the requirements and costs for maintaining such
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equipment. Subject to prior approval, such rules shall enable a  | 
recipient to temporarily acquire and
use alternative or  | 
substitute devices or equipment pending repairs or
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replacements of any device or equipment previously authorized  | 
for such
recipient by the Department.
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 The Department shall execute, relative to the nursing home  | 
prescreening
project, written inter-agency agreements with the  | 
 | 
Department of Human
Services and the Department on Aging, to  | 
effect the following: (i) intake
procedures and common  | 
eligibility criteria for those persons who are receiving
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non-institutional services; and (ii) the establishment and  | 
development of
non-institutional services in areas of the State  | 
where they are not currently
available or are undeveloped; and  | 
(iii) notwithstanding any other provision of law, subject to  | 
federal approval, on and after July 1, 2012, an increase in the  | 
determination of need (DON) scores from 29 to 37 for applicants  | 
for institutional and home and community-based long term care;  | 
if and only if federal approval is not granted, the Department  | 
may, in conjunction with other affected agencies, implement  | 
utilization controls or changes in benefit packages to  | 
effectuate a similar savings amount for this population; and  | 
(iv) no later than July 1, 2013, minimum level of care  | 
eligibility criteria for institutional and home and  | 
community-based long term care; and (v) no later than October  | 
1, 2013, establish procedures to permit long term care  | 
providers access to eligibility scores for individuals with an  | 
admission date who are seeking or receiving services from the  | 
long term care provider. In order to select the minimum level  | 
of care eligibility criteria, the Governor shall establish a  | 
workgroup that includes affected agency representatives and  | 
stakeholders representing the institutional and home and  | 
community-based long term care interests. This Section shall  | 
not restrict the Department from implementing lower level of  | 
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care eligibility criteria for community-based services in  | 
circumstances where federal approval has been granted.
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 The Illinois Department shall develop and operate, in  | 
cooperation
with other State Departments and agencies and in  | 
compliance with
applicable federal laws and regulations,  | 
appropriate and effective
systems of health care evaluation and  | 
programs for monitoring of
utilization of health care services  | 
and facilities, as it affects
persons eligible for medical  | 
assistance under this Code.
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 The Illinois Department shall report annually to the  | 
General Assembly,
no later than the second Friday in April of  | 
1979 and each year
thereafter, in regard to:
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  (a) actual statistics and trends in utilization of  | 
 medical services by
public aid recipients;
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  (b) actual statistics and trends in the provision of  | 
 the various medical
services by medical vendors;
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  (c) current rate structures and proposed changes in  | 
 those rate structures
for the various medical vendors; and
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  (d) efforts at utilization review and control by the  | 
 Illinois Department.
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 The period covered by each report shall be the 3 years  | 
ending on the June
30 prior to the report. The report shall  | 
include suggested legislation
for consideration by the General  | 
Assembly. The filing of one copy of the
report with the  | 
Speaker, one copy with the Minority Leader and one copy
with  | 
the Clerk of the House of Representatives, one copy with the  | 
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President,
one copy with the Minority Leader and one copy with  | 
the Secretary of the
Senate, one copy with the Legislative  | 
Research Unit, and such additional
copies
with the State  | 
Government Report Distribution Center for the General
Assembly  | 
as is required under paragraph (t) of Section 7 of the State
 | 
Library Act shall be deemed sufficient to comply with this  | 
Section.
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 Rulemaking authority to implement Public Act 95-1045, if  | 
any, is conditioned on the rules being adopted in accordance  | 
with all provisions of the Illinois Administrative Procedure  | 
Act and all rules and procedures of the Joint Committee on  | 
Administrative Rules; any purported rule not so adopted, for  | 
whatever reason, is unauthorized.  | 
 On and after July 1, 2012, the Department shall reduce any  | 
rate of reimbursement for services or other payments or alter  | 
any methodologies authorized by this Code to reduce any rate of  | 
reimbursement for services or other payments in accordance with  | 
Section 5-5e.  | 
 Because kidney transplantation can be an appropriate, cost  | 
effective
alternative to renal dialysis when medically  | 
necessary and notwithstanding the provisions of Section 1-11 of  | 
this Code, beginning October 1, 2014, the Department shall  | 
cover kidney transplantation for noncitizens with end-stage  | 
renal disease who are not eligible for comprehensive medical  | 
benefits, who meet the residency requirements of Section 5-3 of  | 
this Code, and who would otherwise meet the financial  | 
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requirements of the appropriate class of eligible persons under  | 
Section 5-2 of this Code. To qualify for coverage of kidney  | 
transplantation, such person must be receiving emergency renal  | 
dialysis services covered by the Department. Providers under  | 
this Section shall be prior approved and certified by the  | 
Department to perform kidney transplantation and the services  | 
under this Section shall be limited to services associated with  | 
kidney transplantation.  | 
(Source: P.A. 97-48, eff. 6-28-11; 97-638, eff. 1-1-12; 97-689,  | 
eff. 6-14-12; 97-1061, eff. 8-24-12; 98-104, Article 9, Section  | 
9-5, eff. 7-22-13; 98-104, Article 12, Section 12-20, eff.  | 
7-22-13; 98-303, eff. 8-9-13; 98-463, eff. 8-16-13; 98-651,  | 
eff. 6-16-14; 98-756, eff. 7-16-14; 98-963, eff. 8-15-14;  | 
revised 10-2-14.)
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