Overview

Illinois State ChartIllinois was one of the first states to protect patients from surprise bills for services they receive unintentionally from out-of-network providers with the Fair Patient Billing Act. More recently, the legislature considered a proposal to create the Right to Shop Act, which would require health insurance carriers to develop a benefit plan with financial incentives for patients who receive services voluntarily from providers that charge below the average in-network rates. The state also enacted laws promoting price transparency in drug pricing, requiring that a pharmacy benefit manager may not prohibit a pharmacy or pharmacist from providing a consumer a more affordable alternative when one is available.

The state explored the creation of an all-payer claims database (APCD) as a result of Executive Order 14-01, signed by former Governor Pat Quinn in 2014. The order established the Governor’s Office of Health Innovation and Transformation to direct the state’s participation in the Center for Medicare and Medicaid Innovation’s State Innovation Model Program. Illinois was awarded up to $2,088,530 to develop its plan, dubbed the Illinois Alliance for Health Innovation Plan. The plan calls for building the APCD to ultimately collect data on commercial plans, Medicare, Medicaid, and the uninsured. However, the state does not yet have an operational APCD.

Illinois has a strong certificate of need program, which requires a health care facility to obtain a certificate of need in several circumstances, including any transfer of ownership, sale, consolidation, construction, modification, creation, or conversion of facilities. The state does not otherwise require notice or approval of hospital or provider mergers. Nonetheless, Illinois was the site of two antitrust cases involving hospital mergers: one private antitrust action and one case brought by the FTC. In FTC v. Advocate Health Care Network, the district court granted an injunction in March 2017, and the parties abandoned their merger plans.

In telehealth, Illinois statute provides cost-sharing parity, which prohibits deductibles, co-payments, and coinsurance for telehealth services from exceeding those required for in-person services. The state does not require coverage or reimbursement parity for telehealth services.

In 2024, Illinois passed adverse determination legislation, with the new law stating that that even if a health care plan or other utilization review program uses an algorithmic automated process in the course of utilization review for medical necessity, the health care plan is required to ensure that only a clinical peer makes any adverse determination based on medical necessity and that any subsequent appeal is processed.

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STATE BUDGET

Illinois operates on an annual budget cycle.  In October and November, agencies submit their budget requests to the governor.  Budget hearings with the public are held from February through May.  On the third Wednesday in February, the governor submits his or her proposed budget to the Illinois General Assembly.  The General Assembly passes a budget in May.  The governor is constitutionally required to submit a balanced budget anf the legislature must pass a balanced budget.  The fiscal year begins on July 1 and ends on June 30 the following year.

STATE LEGISLATURE

The 118 members of the House of Representatives serve two-year terms without term limits, and the 51 Senators serve two four-year terms and one two-year term each decade.  The General Assembly’s first official working day is the second Wednesday in January each year.  Bills carry over from odd to even numbered years.

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