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Governmental Affairs

2007 Legislative Session Accomplishments

ISMS’ intensive lobbying efforts during the spring session produced in several positive results for physicians, patients and Illinois health care policy. Legislative highlights are listed below.

Note: While legislation is never “dead” and may be called any time, it is unlikely that bills still in committee at this juncture will move forward in overtime or during next fall’s veto session.

For a comprehensive listing of bills lobbied by ISMS, be sure to visit www.isms.org.

Bills opposed by ISMS

Illinois Covered (SB 5) – SB 5 is the governor’s proposal to expand insurance coverage for Illinoisans through combination of a state-guaranteed insurance product, Medicaid expansion, and premium subsidies for those with incomes below 400 percent of the federal poverty level. ISMS’ opposition is premised on the following concerns.

  1. Patients should be allowed to choose from private and public insurance options best suited to their needs and budgets, instead of a state-designed “one size fits all” plan.
  2. Illinois Covered would be funded in large part by a gross receipts tax, including a tax on physician services (see SB 1, below).
  3. Physicians would be required to accept Illinois Covered as a condition for participating in private health insurance contracts.
  4. Illinois Covered’s fee schedules do not mirror the reimbursement rates for the private sector networks it would utilize.

The future of SB 5 is uncertain due to the House’s staunch opposition to the gross receipts tax (see below).

Gross Receipts Tax (SB 1) – SB 1 would create the Illinois Gross Receipts Tax Act for funding education programs and Illinois Covered. ISMS strongly opposes the governor’s proposed gross receipts tax (GRT) because 1) it would tax all sales of goods or services in Illinois, unless specifically excluded or exempted; and 2) ISMS policy opposes any tax on physician services.

SB 1 made it out of committee on a partisan vote but has not been called for a vote in the Senate. However, the future of SB 1 is in doubt due to the Illinois House’s overwhelming opposition.

Illinois Health Facilities Planning Act (SB 608, SB 1581) – SB 608 would have extended the Health Facilities Planning Act until 2012. SB 1581 would have expanded the “health facility” definition to include places that exceed the capital expenditure minimum and certain diagnostic imaging centers. SB 608 has been held in the Senate; SB 1581 has been held in the House. ISMS policy favors the repeal of this Act.

Bills with no ISMS position

Illinois Health Facilities Planning Act (SB 244) – SB 244 creates the Task Force on Health Planning Reform and extends the Health Facilities Planning Act until August 31, 2008. The task force is charged with making recommendations to the General Assembly and governor by March 1, 2008,
concerning revisions to the Act (or should the Act be repealed). ISMS expects to participate in the task force’s deliberations.

Bills supported by ISMS

All Kids Reporting (HB 1628) – ISMS-initiated HB 1628 will require the Department of Healthcare and Family Services to report to the General Assembly on the number of health care professionals serving in the state primary care case management program, as well as the number of All Kids program enrollees, by Sept. 1 of every year.

If signed, HB 1628 will set standards to ensure that specialty referrals are accomplished without undue delay. Additionally, HB 1628 will require physician input into disease management programs. HB 1628 passed the General Assembly and awaits action by the governor.

Certificate of Need/Health Facilities Planning Act Repeal (SB 504) – ISMS-supported SB 504, pursuant to ISMS Resolution 103 (A-06), would repeal the Illinois Certificate of Need (CON) process as well as the Health Facilities Planning Act. The bill has been held in committee.

Smoke Free Illinois Act (SB 500) – SB 500 will create the Smoke Free Illinois Act, prohibiting smoking in public places, places of employment, dormitories, correctional facilities, and governmental vehicles. Smoking will be prohibited within a minimum distance of 15 feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited. SB 500 passed the General Assembly; the governor has indicated he will sign the bill into law.

Bills amended to remove ISMS opposition

HIV Testing Opt-Out (SB 929) – The governor signed SB 929 into law on June 27, “National HIV Testing Day.” Effective June 1, 2008, Illinois physicians may perform opt-out HIV testing. Patients may consent to testing, either verbally or in writing, or they can refuse the test. The new law reflects ISMS policy endorsing voluntary HIV testing without separate prevention counseling or separate written consent forms (Resolution 42 (A-07)).

Contact: Alison Burnett, 800-782-4767 ext. 3009 or burnett@isms.org
Erin O’Brien, 800-782-4767 ext. 6488 or obriene@isms.org