The ISMS Legislative Action Hub tracks issues, ISMS actions, and recent votes in the Illinois General Assembly of importance to Illinois physicians. If you require additional information on an issue below or on one of the numerous bills in Illinois that impact medicine, please contact State Legislative Affairs Staff at 800-782-4767.
The General Assembly convened the second half of the 96th session in early January, 2010. Check back often for active issues and updates.
For a look at federal advocacy efforts, visit the AMA Current Topics in Advocacy page.
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From the ISMS House of Delegates 
ISMS Initiative
2010 Issues
Licensure of Midwives
House Floor Amendment 1 (HFA) to SB 3712 would license midwives and allow them to provide unsupervised home birthing services. Under HFA1 to SB 3712, midwives would be able to dispense and administer drugs. Yet, the bill only requires midwives to complete minimal training in pharmacology. Their assumption that this prepares them to prescribe dangerous drugs will prove to be life threatening to some mothers and their babies. Update: This bill passed out of committee and will be headed for a floor vote at any time. It is imperative you contact your state representative immeditely and urge a "NO!" vote on HFA1 to SB 3712.
Toxoplasmosis Infection
Senate Bill 3667 is an extremely restrictive legisaltive mandate on how physicians should treat their patients by requiring all physicians treating pregnant women to counsel and screen for toxoplasmosis infection every month during the woman's pregnancy, including during delivery. The Illinois Legislature should not be dictating to physicians how to practice medicine, mandating standars of care assumes every pateint has the same needs which is both wrong and dangerous. Physicians need the flexibility to assess and treat the patients' individual needs. Limiting that ability robs the patient and the physician
Physician Sex Crime Allegation
Senate Bill 730 (Senator Martin Sandoval (D-Cicero)) would immediately suspend a physician's license upon the filing of charges in any court against the person, whether by indictment or information, for a violent or sexual crime allegedly committed against his or her patient in the course of the doctor-patient relationship. It would provide that the license remain suspended until the director of the Division of progressional Regulation, without appreciable delay, takes or declines action against the license or permit after the Disiplinary Board has concluded its hearing and sent its recommendations for disciplinary action to the director, or until the criminal proceedings against the person ahve concluded, whichever is sooner.
This bill is still under discussion. ISMS believed that SB 730, as introduced, did not offer a physician sufficient due process. ISMS offered an amendment giving the secretary of the IL Department of Financial and Professional Regulation the discretion to temporarily suspend a health care professional without a hearing, if the secretary finds that the health care professional presents an immediate danger to the public so long as proceedings for a hearing are begun. This simply clarifies existing power to temporarily suspend a license.
SB 730 passed the Senate unanimously, but was not considered in the House during the spring session. It is expected that the bill will be called for a vote in the House during the fall veto session.
Out-of-Network Payment
Senate Bill 3188 would allow insurers to seek binding arbitration when an out-of-network physician would have been paid; or where the charges exceed 125% of Medicare.
Senate Bill 3378 targets services provided by out-of-network hospital-based physicians in an in-network hospital, by limiting physician payments to the lesser of the charged amount of a "usual and customary" amount determined by the insurance company. Balance billing would also be prohibited.
Granting APNs Independent Practice
Amendment #1 of SB 2567 would expand the scope of practice of Advance Practice Nurses to allow independent practice.
Truth in Advertising
Senate Bill 3509 (Senator William Haine (D-Alton)) requires truth in advertising for health care services. This legislation will provide clarity and transparency so patients know what, exactly, their healthcare providers are qualified and licensed to perform.
Medical Practice Act Extension
Senate Bill 3519 (Sen. James Clayborne, Jr. (D-East St. Louis)) would extend the sunset date of the Illinois Medical Practice Act for ten years (to 12/31/2020). The Act provides for the licensure and discipline of physicians and is slated to sunset on 12/31/2010.
Autopsies
HB 6036 (Rep Dan Brady (R-Bloomington)) specifies that autopsies may only be performed in a hospital or facility maintained by a coroner. Records would be retained for as long as other medical records at the facility where the autopsy is performed.
Out-of State Professionals
House Bill 5744 (Rep. Angelo “Skip” Saviano (R-Elmwood Park)) would update the Medical Practice Act so it contains language corresponding to current Illinois law allowing for health care professionals licensed in other states to practice at free clinics in Illinois.
Standardized Insurance Cards
Standardized Insurance Cards – House Joint Resolution 98 (Rep. Sara Feigenholtz (D-Chicago)) creates a task force comprised of physicians, and other health care professionals, hospitals, insurers and appropriate government agencies to agree upon recommendations for a standardized medical insurance card.
Insurance Recoupment Time
House Bill 5107 (Rep. Greg Harris (D-Chicago)) limits the amount of time to 180 days that an insurance company can ask for recoupment once a claim is already paid. Other states have enacted similar legislation, this is consistent with the number of days many insurance companies allow to appeal claim denial.
Medical Student Background Checks
House Bill 5411 (Rep. William Burns (D-Chicago)) introduced legislation to amend the Medical School Matriculant Criminal History Records Check Act. Currently, criminal history record checks are required by law for students applying to medical school and are conducted by the Illinois State Police. This bill would allow medical schools to use a criminal history record check entity approved by the State, as an option. There are concerns there may be out-of-state incidents in an applicant’s history not easily identifiable by the state police. Each requesting medical school would be solely responsible for any fees associated with using the entity. Update: HB 5411 was signed into law by Governor Quinn on July 14, 2010, and is now known as Public Act 96-1044. Thank you for all of your grassroots action on this issue.
Employment of Allied Health Professionals
Senate Bill 2635 (Sen. Michael Frerichs (D-Champaign)) and House Bill 4935 (Rep. Dan Reitz (D-Sparta) and Rep. Angelo “Skip” Saviano (R-Elmwood Park)) both contain legislation to clarify the employment relationship between physicians and health care facilities and other health care professionals. Approximately 20 health professional licensure acts contain ambiguous language regarding the type of compensation health professionals can receive. Because of this unclear language, the Division of Professional Regulation (DPR) has received inquiries from various professionals as to whether or not they can be employed by physicians, hospitals, clinics or other entities. To ensure that current employment relationships between physicians and allied health care professionals are able to continue without interruption, ISMS has introduced SB 2635 and HB 4935. Update: SB 2635 passed both Houses but was vetoed by Governor Quinn on July 23. ISMS has distributed a white paper to all members of the General Assembly urging a "YES" vote on a motion to override the veto during the upcoming veto session in November. We need you to also contact your legislators to urge a "YES" vote on this motion. Please click the "Contact your legislator" link below.
2009 Issues
Licensure of Direct Entry Midwives
House Bill 226 (Rep. Julie Hamos (D–Evanston)) would have allowed under-trained, unsupervised direct entry midwives to deliver babies at home, at great risk to mothers and infants. ISMS aggressively lobbied to defeat the measure. On 3/3/2009 ISMS defeated the bill with a vote of 4“yes”-8”no”-0”present” in the Health Care Availability and Access Committee.
Controlled Substance Prescriptions
House Bill 488 (Rep. Lou Lang (D–Skokie)/Sen. Linda Holmes (D–Aurora)), an ISMS initiative, amends the Illinois Controlled Substances Act to allow a written prescription for a Schedule II controlled substance to be filled within 90 (rather than seven) days after issuance. This legislation will coordinate Illinois law with the federal controlled substances rules allowing a physician to give three sequential 30 day prescriptions at one office visit. This new Illinois law and the current federal rules are permissive, leaving the decision of whether or not to provide three prescriptions within physician discretion. This allows patients with well-managed chronic illnesses to receive their medications without monthly office visits. House Bill 488 was signed into law on 8/10/2009.
Med Staff Rights
House Bill 546 (Rep. Tim Schmitz (R-Batavia)/Sen. Mike Frerichs (D-Gifford)), an ISMS initiative directed by House of Delegates resolutions, represents a three year battle to re-establish a balance between hospital administrators and medical staffs to protect patient safety in hospitals. House Bill 546 was signed into law on 8/14/2009.
Related ISMS Policy/Resolution: Resolution 37 (A-08), Resolution 48 (A-07), and Resolution 45 (A-06)
Advance Directives
House Bill 748 (Rep. Kathy Ryg (D-Vernon Hills)/Sen. Susan Garrett (D-Lake Forest)) is an ISMS initiative that amends the Nursing Home Care Act to require new residents who do not have a guardian or an executed power of attorney for health care be provided a written form to help assist the resident in designating possible surrogates to act on the resident’s behalf should the resident lose decision-making capacity. House Bill 748 passed both chambers unanimously and was signed into law on 8/14/2009.
Out-of-Network Physician Reimbursement Limit
ISMS has strongly opposed House Bill 3861 (Rep. Jack Franks (D-Marengo)) that would allow insurance companies to lock physicians into a PPO’s fee schedule, even if a physician does not participate in that PPO.
If House Bill 3861 became law, a physician would be reimbursed at the PPO fee schedule rates simply by treating patients at hospitals that accept the patient’s PPO coverage.
In early April, the Illinois House avoided the issue by re-referring House Bill 3861 back to committee rather than call for a vote.
Fee-Splitting Clarification
Senate Bill 69 (Sen. Ira Silverstein (D-Chicago)/Rep. David Miller (D-Lynwood) is an ISMS initiative that will allow physicians to continue signing contracts for administrative services in which payments are based on a percentage of collected charges (with billing companies, for example).
The bill was developed in response to a recent court decision that found percentage-based payment for administrative services to constitute illegal fee-splitting under the Medical Practice Act. ISMS successfully fought for the legislation, which was signed into law on 8/24/09.
Related ISMS Policy/Resolution: Resolution 12 (A-08)
Prejudgment Interest
Senate Bill 184 (Sen. Bill Haine (D-Alton)) is strongly opposed by ISMS. This initiative of the Illinois Trial Lawyers Assocation would award prejudgment interest in civil cases such as medical malpractice lawsuits. Senate Bill 184 would adversely impact medical liability insurance rates by allowing the collection of interest on awards to accumulate from notice of filing date. Due to overwhelming opposition, the bill was never called for a vote.
APN Independent Practice
Senate Bill 1600 (Sen. Heather Steans (D-Chicago)) would have allowed advanced practice nurses to practice independently of physicians (i.e., without a written collaborative agreement). ISMS lobbying and testimony from physicians contributed to this bill remaining in a subcommittee.
Group Fetal Cremation
Senate Bill 1703 (Sen. Kirk Dillard (R-Hinsdale)/Rep. Patti Bellock (R-Hinsdale)) provides that a hospital may include the option of common cremation of fetal tissue in its mandatory notification to a mother following a spontaneous fetal demise after a gestation period of less than 20 weeks. As a result, if a patient, with a loss less than 20 weeks does not desire a private burial or cremation and does not wish an individual death certificate, Senate Bill 1703 gives families the respectful option of either group burial or group cremation. Senate Bill 1703 passed both chambers overwhelmingly and was signed into law on 8/11/2009.
Durable Surrogacy
Senate Bill 2258 (Sen. A.J. Wilhelmi (D-Joliet)/Rep. Kathy Ryg (D-Vernon Hills) is an ISMS initiative that will streamline rules pertaining to the designation of health care surrogacy and clarify when health care surrogates retain, or forfeit, decision-making authority on behalf of a patient. Senate Bill 2258 was signed into law on 8/14/09.