Illinois Society for Respiratory Care Forum

Government Strategy Associates
4023 Terramere Avenue
Arlington Heights, Illinois 60004

M E M O R A N D U M

To: Nancy Marshall
From: Terry Steczo
Re: Quarterly Meeting Report
Date: March 10, 2010

Monthly Reports – As of January 1 I have been submitting monthly reports intended to provide a glimpse into the legislative session and explain some of the nuances, as well as reporting on issues of interest to the ISRC.

State Budget – The Governor gave his annual budget message this past Wednesday. The state is readily running out of options in finding a solution for its projected $12.5 billion deficit. The Governor has given the legislature a choice, borrow or raise the income tax. Both options have received a cool reception by the legislature.

Candidates – State Sen. Bill Brady has been certified as the GOP candidate for Governor. The Democrats will settle on a candidate for Lieutenant Governor in the next few days.

Legislative Deadlines – the General Assembly is projecting that its session will conclude on May 7, almost a month early. To meet that goal various legislative deadlines have been moved forward. Third Reading deadlines for original chamber bills are only a few weeks away.

Governor’s Nursing Home Task Force - has issued a final report and the panel has a goal of seeing its agenda formally introduced by the end of April. It is expected that a combination of departmental policy changes, legislation and administrative rules proposals will be utilized to implement the recommendations.

Fee Splitting legislation – An agreement between the ISRC and other heath related professions and the Illinois State Medical Society over fee splitting” legislation has been finalized. Legislation is necessary after the court ruled that a collection agency that received a portion of the money recovered on behalf of physicians was engaged in “fee-splitting”. There are potential wide-ranging implications should another court or bureaucrat decide to expand upon that precedent.

Anti-Smoking Legislation - Examples of some of the smoking cessation and other bills that have been introduced this year are:

• HB 5522 - Amends the Condominium Property Act. Provides that an association's bylaws restricting the use of the units may include other prohibitions on smoking tobacco products;
• HB 5526 - Creates the Cigarette Delivery Sales Reporting Act. Imposes reporting requirements on persons who sell cigarettes for delivery by mail or a delivery service. Includes civil penalties for noncompliance. Requires a retailer of cigarettes or tobacco products to obtain a retailer's license from the Department of Revenue; specifies qualifications, fees, and penalties for noncompliance;
• HB 5676 - Provides that in implementing the tobacco use cessation program covered under the medical assistance program, the Department of Healthcare and Family Services may develop a formulary of covered medications
• HB 5766/SB 3480 - Creates the Tobacco Dependence Coverage Law.. Provides that group and individual accident and health policies and managed care plans issued to a resident of the State must provide coverage or reimbursement of at least $500 for a tobacco use cessation program for insureds who are 15 years of age or older.
• HB 5997 - Amends the Smoke Free Illinois Act. Preempts home rule powers with regard to regulating smoking in facilities licensed under the Illinois Nursing Home Care Act. Effective immediately.
• HB 6149 - Provides that a health care institution shall not sell or cause to be sold tobacco products. Provides that a retail establishment that operates or has a health care institution within it, such as a pharmacy or drug store, shall not sell or cause to be sold tobacco products
And Exemptions to the Act? There’s just one so far ….

• HB 6158 - Amends the Smoke Free Illinois Act. Provides that locations where incense is burned in conjunction with a religious ceremony are exempt from the provisions of the Act.

Mobile Asthma Pilot Program - SB 3354 would establish an Asthma Mobile Pilot Program for five years and would include initial respiratory health screenings; diagnosis and follow-up medical care from pediatricians specializing in asthma management; bilingual, individualized family education sessions; in-home asthma trigger assessment.

Legislation of Interest:

The following are bills that should be of interest to our membership.


HB 4935 (Reps. Reitz-Saviano) - Amends several Acts that regulate the medical and healthcare professions. In a provision in those Acts concerning fee-splitting or directly or indirectly giving to or receiving from certain persons or entities any fee, commission, rebate, or other form of compensation for any professional services not actually or personally rendered, provides that the provision does not prohibit contractual or employment arrangements with health care professionals or providers, such as physicians, physician practices, hospitals, long-term care facilities, clinics, or other entities, except as otherwise prohibited by law. Provides that contractual and employment arrangements with health care professionals or providers may include arrangements for compensation, use of space, staff, equipment, health insurance, pension, or other benefits for the provision of services within the scope of the licensee's practice under that specific Act. Amends the Medical Practice Act. Provides that nothing in the Act prohibits physicians, physician practices, or entities authorized by law to employ physicians from also employing other licensed health care workers and other persons. (Current Status: House Committee)

HB 5222 - (Rep. Reitz) - Provides that the Department of Financial and Professional Regulation shall have the power to expunge any disciplinary offense of a licensee disciplined under any licensing Act that is administered by the Department if the offense is either administrative in nature or, for health care professionals, unrelated to patient care, including, but not limited to, the following: (A) failure to complete continuing education requirements, (B) failure to have any additional required license or certification, (C) failure to renew a license on time, (D) failure to report a practice location, or (E) other offenses prescribed by rule. Provides that a licensee may apply to the Department to have an offense expunged from his or her disciplinary record. Provides that an application for expungement shall only be considered by the Department if the application is submitted more than 3 years after the disciplinary offense was adjudicated and the licensee has not been previously or subsequently disciplined for a similar or more serious offense under the same Act. (Current Status: House Committee )

HB 5766 (Reps. Feigenholtz-Jakobsson) - Creates the Tobacco Dependence Coverage Law. Sets forth a definition for "tobacco use cessation program". Provides that group and individual accident and health policies and managed care plans issued to a resident of the State must provide coverage or reimbursement of at least $500 for a tobacco use cessation program for insureds who are 15 years of age or older. (Current Status: House 2nd Reading )

HB 5836 – (Rep. Golar) - With respect to the self-administration of medication, provides that in the case of an asthma inhaler, the parents or guardians of the pupil may provide a written statement to the school from the parents or guardians containing specified information concerning the medication, along with the prescription label (instead of requiring the statement to be from the pupil's physician, physician assistant, or advanced practice registered nurse).(Current Status: House Committee)

SB 2635 (Sen. Frerichs) - Amends several Acts that regulate the medical and healthcare professions. In a provision in those Acts concerning fee-splitting or directly or indirectly giving to or receiving from certain persons or entities any fee, commission, rebate, or other form of compensation for any professional services not actually or personally rendered, provides that the provision does not prohibit contractual or employment arrangements with health care professionals or providers, such as physicians, physician practices, hospitals, long-term care facilities, clinics, or other entities, except as otherwise prohibited by law. Provides that contractual and employment arrangements with health care professionals or providers may include arrangements for compensation, use of space, staff, equipment, health insurance, pension, or other benefits for the provision of services within the scope of the licensee's practice under that specific Act. Amends the Medical Practice Act. Provides that nothing in the Act prohibits physicians, physician practices, or entities authorized by law to employ physicians from also employing other licensed health care workers and other persons. (Current Status: Senate – 2nd Reading )

SB 2929 (Sen. Kotowski - Provides that when a student needs to receive any medication in school or during school activities, a medication management plan must be established if the parent or guardian of the student submits a signed request accompanied with sufficient proof of diagnosis of a condition or illness necessitating assistance with administering any medication to the student. Provides that the school principal and the parents or guardian must develop and agree on a plan. Provides that absent a full-time school nurse, the school principal must appoint, supervise, and coordinate the training of a designated health care aide to perform the tasks necessary to assist a student in accordance with the plan. Provides that a school must provide a one-page information sheet regarding a student's plan to each employee providing transportation for the student or supervising the student during a school-sponsored activity. Provides that a school district may not restrict the assignment of a student with a plan to a particular school on the basis that the school does not have a full-time nurse or a designated health care aide, nor may a school deny access to a student on the basis that the student requires a plan. Exempts the school and school employees from civil liability for conduct related to the care of a student in accordance with a plan, except for willful or wanton misconduct. Amends the Nurse Practice Act to allow persons to be employed as unlicensed assistive personnel in schools. In a Section concerning nursing delegation, provides that a school nurse, a registered professional nurse, or an advanced practice nurse may teach or train other persons in first aid, emergency care, or cardiopulmonary resuscitation. (Current Status: Senate Committe)

SB 2981 (Sen. Radogno) - Requires Illinois hospitals to screen certain patients for methicillin-resistant Staphylococcus aureus ("MRSA") upon admission, including all patients admitted to the hospital's intensive care unit; patients who were previously colonized or infected with MRSA; surgical patients receiving implants; and patients transferred from a nursing home or healthcare facility. Requires hospitals to re-screen patients who were admitted to the hospital's intensive care unit or previously transferred from a nursing home facility, prior to discharge or transfer to another healthcare facility. Repeals January 1, 2011 repealer date. (Current Status: Senate 2nd Reading)

SB 3145 (Sen. Silverstein) - Imposes reporting requirements on persons who sell cigarettes for delivery by mail or a delivery service. Includes civil penalties for noncompliance. Amends the Cigarette Tax Act and the Tobacco Products Tax Act of 1995. Requires a retailer of cigarettes or tobacco products to obtain a retailer's license from the Department of Revenue; specifies qualifications, fees, and penalties for noncompliance; provides for mandatory suspension or revocation of a retailer's license for repeated violations of the Sale of Tobacco to Minors Act. Also makes changes in definitions, reporting requirements, and civil and criminal penalties. (Current Status: Senate Committee )

SB 3174 (Sen. Link) - Amends the Tobacco Accessories and Smoking Herbs Control Act. Provides that a product containing or delivering nicotine intended or expected for human consumption, or any part of such a product, that is not a tobacco product shall not be distributed or sold in the State or to consumers in the State unless it has been approved or otherwise certified for legal sale by the United States Food and Drug Administration as a tobacco use cessation, harm reduction, or modified-risk product, or for other medical purposes, and is being marketed and sold solely for that approved purpose. Establishes penalties for violations. (Current Status: Senate – 3rd Reading)

SB 3354 (Sen. Schoenbeg) - Establishes the Asthma Mobile Pilot Program, and provides that, subject to appropriations, the Department of Public Health shall issue a grant for the program. Provides that the 5-year pilot program shall include: initial respiratory health screenings; diagnosis and followup medical care from pediatricians specializing in asthma management; bilingual, individualized family education sessions; in-home asthma trigger assessments; Covering All Kids Insurance Program application assistance; and extensive primary care physician outreach and education. (Current Status: Senate Committee )

SB 3471 (Sen. Hutchinson) - Provides that if a public or nonpublic school is or has been notified of a pupil's asthma diagnosis, then the school shall request from the pupil's parents or guardians the pupil's current asthma action plan. Provides that if the pupil does not have an asthma action plan, then the school shall advise the parent or guardian on how to obtain an asthma action plan from the pupil's physician or medical care provider. Provides that if the school receives a pupil's asthma action plan, then the school shall evaluate the pupil for accommodations pursuant to the federal Rehabilitation Act of 1973. Provides that if the pupil requires an accommodations plan under federal law, then the pupil's asthma action plan must be integrated into the accommodations plan or into the pupil's Individualized Education Program if one has been developed for the child. Provides that if the school does not receive a copy of a pupil's asthma action plan after advising the parent or guardian on how to obtain an asthma action plan, then the school shall evaluate the pupil for accommodations pursuant to the federal Rehabilitation Act of 1973. Requires the State Board of Education to develop a template for a respiratory emergency action plan and distribute it to all school personnel in this State for use in the event that a child without an asthma action plan suffers an asthma attack or other respiratory emergency. (Current Status: Senate Committee )

SB 3480 (Sens. Steans-Collins) - Creates the Tobacco Dependence Coverage Law. Sets forth a definition for "tobacco use cessation program". Provides that group and individual accident and health policies and managed care plans issued to a resident of the State must provide coverage or reimbursement of at least $500 annually for a tobacco use cessation program for insureds who are 15 years of age or older. Provides that notice of the availability of coverage shall be delivered to the insured. Provides that an insurer may not deny eligibility or continued eligibility to enroll or renew coverage solely for the purpose of avoiding the requirements of the Law. Provides that an insurer may not penalize or reduce or limit the reimbursement of an attending provider or provide incentives to induce the provider to provide care that is inconsistent with the Law. (Current Status: Senate – 2nd Reading)

SB 3509 (Sens. Haine-Althoff) - Requires an advertisement for health care services that names a health care professional to identify the type of license held pursuant to the definitions under his or her licensing Act. Provides that the advertisement shall be free from any and all deceptive or misleading information. Requires a health care professional providing health care services in the State to conspicuously post and affirmatively communicate the professional's specific licensure as required under the Act, with certain exceptions. Provides that any health care professional, third party contracted to collect fees on behalf of the health care professional, the health care professional's employer, or other entity contracting with the health care professional who violates any provision under the Act is guilty of unprofessional conduct and subject to disciplinary action under the appropriate provisions of the specific Act governing that health care profession. (Current Status: Senate – 3rd Reading )