Overview
Illinois 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.
State Action
Latest Legislative Session: 1/11/2023 - 1/9/2024 (2023-2024 term). *Current session bill updates are ongoing. Check back weekly for updates.
HB 1007 – Illinois
Introduced: 2023 Status: In Process
Amends the Pharmacy Practice Act. Requires that at least one registered pharmacy technician be on duty whenever the practice of pharmacy is conducted. Requires that a pharmacy set a prescription filing limit of not more […]
HB 1029 – Illinois
Introduced: 2023 Status: In Process
Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services shall transition pharmacy services for managed care enrollees from the State’s managed care medical assistance […]
HB 1034 – Illinois
Introduced: 2023 Status: In Process
Amends the Illinois Food, Drug and Cosmetic Act. Provides that the amendatory provisions apply to any manufacturer of a prescription drug that is purchased or reimbursed by specified parties. Provides that a manufacturer of a […]
HB 1054 – Illinois
Introduced: 2023 Status: In Process
Amends the Illinois Insurance Code. Provides that a group or individual policy of accident and health insurance amended, delivered, issued, or renewed on or after January 1, 2024 that provides coverage for prescription drugs shall […]
HB 1094 – Illinois
Introduced: 2023 Status: In Process
Creates the Health Care for All Illinois Act. Provides that all individuals residing in this State are covered under the Illinois Health Services Program for health insurance. Sets forth requirements and qualifications of participating health […]
20 Ill. Comp. Stat. § 1305/1-40. Substance Use Disorders; Mental Health; provider payments: Department of Human Services Act – Illinois
Introduced: Status: Enacted
For authorized Medicaid services to enrolled individuals, Division of Substance Use Prevention and Recovery and Division of Mental Health providers shall receive payments for such authorized services, with payment occurring no later than in the […]
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20 Ill. Comp. Stat. § 1705/15.3. Quality assurance for community mental health services: Mental Health and Developmental Disabilities Administrative Act – Illinois
Introduced: Status: Enacted
When the Department of Healthcare and Family Services or the Department of Human Services pays the cost, directly or indirectly, in whole or in part, for community mental health services and programs under the Medicaid […]
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20 Ill. Comp. Stat. § 1705/54. Establishment of rates for purchase of service: Mental Health and Developmental Disabilities Administrative Act – Illinois
Introduced: Status: Enacted
Statute establishes procedures for the development, calculation, and communication of rates promulgated by the Department for the purchase of services for persons with a developmental disability and persons with mental illness. Statute requires that rates […]
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20 Ill. Comp. Stat. § 1705/7. Care and treatment: Mental Health and Developmental Disabilities Administrative Act – Illinois
Introduced: Status: Enacted
The Department is required to adopt a model protocol and forms for recording all patient diagnosis, care and treatment at each State-operated facility for the mentally ill and for persons with developmental disabilities under the […]
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20 Ill. Comp. Stat. § 1705/71a. Community Behavioral Health Care: Mental Health and Developmental Disabilities Administrative Act – Illinois
Introduced: Status: Enacted
The Department shall strive to guarantee that persons, including children, suffering from mental illness, substance abuse, and other behavioral disorders have access to locally accessible behavioral health care providers who have the ability to treat […]
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Department of Justice, Maryland, Illinois, New Jersey, and New York, v. United Health and Amedisys – Federal, Illinois, Maryland, New Jersey, New York
District Court: United States District Court for the District of Maryland Status: Pending
The Justice Department, together with the Attorneys General of Maryland, Illinois, New Jersey, and New York, filed a civil antitrust lawsuit to block UnitedHealth Group […]
Federal Trade Commission and State of Illinois v. Advocate Health Care and NorthShore University HealthSystem – Illinois
District Court: Northern District of Illinois Eastern Division Status: Decided
The FTC successfully blocked the merger of Chicago-are Advocate Health Care and NorthShore University HealthSystems after winning its appeal to put the proposed merger on […]
In re: Evanston Northwestern Healthcare Corp. Antitrust Litigation – Illinois
District Court: N.D. Illinois, Eastern Division Status: Pending
In this putative class action, end-payors who purchased inpatient or outpatient healthcare services accused Evanston Northwestern Healthcare, now known as NorthShore University System, of violating […]
Marion Healthcare v. Southern Illinois Healthcare – Illinois
District Court: S.D. Illinois Status: Pending
Marion Healthcare brought suit against Southern Illinois Healthcare in August 2012 alleging that SIH secured unlawfully exclusive contracts that severely discourage competition in the local […]
Methodist Health Services v. OSF Healthcare dba St. Francis Medical Center – Illinois
District Court: C.D. Illinois, Peoria Division Status: Decided
In 2015, Methodist Hospital brought a $300 million antitrust suit against rival hospital system St. Francis Medical Center. In September 2016, a federal district court granted […]
Additional Resources
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.