Text of IL HB 5417 (2024)

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5417 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: See Index Amends the Department of Public Health Act. Establishes the role of HIV Treatment Innovation Coordinator to be housed within the Department. Provides that the Department shall create and fill the Coordinator role within 6 months after the effective date of the amendatory Act. Requires the Coordinator to develop and execute a comprehensive strategy to adopt a Rapid Start model for HIV treatment as the standard of care. Requires compensation and benefits for the Coordinator be at the Program Director level. Describes the specific job responsibilities of the Coordinator. Amends the Illinois Insurance Code. Provides that an individual or group policy of accident and health insurance amended, delivered, issued, or renewed in this State on or after January 1, 2025 shall provide coverage for home test kits for sexually transmitted infections, including any laboratory costs of processing the home test kit, that are deemed medically necessary or appropriate and ordered directly by a clinician or furnished through a standing order for patient use based on clinical guidelines and individual patient health needs. Makes a conforming change to the Illinois Public Aid Code regarding coverage for home test kits for sexually transmitted infections. Amends the AIDS Confidentiality Act. Creates the Illinois AIDS Drug Assistance Program. Provides that Illinois AIDS Drug Assistance Program applications shall be processed within 72 hours after the time of submission. Provides for conditional approval of Illinois AIDS Drug Assistance Program applications within 24 hours after time of submission. Requires Illinois AIDS Drug Assistance Program applicants to document residency within the State of Illinois. Provides for 8 Rapid Start for HIV Treatment pilot sites established by the Department of Public Health. Provides that the Department shall publish a report on the operation of the pilot program 15 months after the pilot sites have launched. Establishes requirements for the report, requires that the report be shared with the General Assembly, the Governor's Office, and requires that the report be made available on the Department's Internet website. Amends the County Jail Act. Creates new annual adult correctional facility public inspection report requirements on the topics of HIV and AIDS. LRB103 39489 CES 69685 b A BILL FOR HB5417LRB103 39489 CES 69685 b 1 AN ACT concerning health. 2 Be it enacted by the People of the State of Illinois, 3represented in the General Assembly: 4 Section 5. The Department of Public Health Act is amended 5by adding Section 6.5 as follows: 6 (20 ILCS 2305/6.5 new) 7 Sec. 6.5. HIV Treatment Innovation Coordinator. 8 (a) Within 6 months after the effective date of this 9amendatory Act of the 103rd General Assembly, the Department 10of Public Health shall create and fill the position of "HIV 11Treatment Innovation Coordinator" within the HIV Section and 12shall employ a full-time person to serve in this position. The 13HIV Treatment Innovation Coordinator shall develop and execute 14a comprehensive strategy to adopt a Rapid Start model for HIV 15treatment as the standard of care, aligning with industry 16standards informed by the most current guidance of the Centers 17for Disease Control and Prevention on HIV care and treatment. 18 (b) The HIV Treatment Innovation Coordinator employed by 19the Department shall be compensated at a rate that is 20comparable to the rate of compensation for a Program Director 21and shall be provided benefits similar to those of a Program 22Director. The HIV Treatment Innovation Coordinator shall also 23be provided similar means and resources as those supplied to a HB5417- 2 -LRB103 39489 CES 69685 b 1Program Director. The Department shall not modify any current 2position to meet these requirements. The position of HIV 3Treatment Innovation Coordinator shall be created and filled 4anew, as set forth in this Section. 5 (c) The HIV Treatment Innovation Coordinator shall have 6the following responsibilities: 7 (1) The Coordinator shall develop and execute a 8 comprehensive strategy for the adoption of the Rapid Start 9 model for HIV treatment, aligning with public health 10 objectives outlined in the Getting to Zero Illinois Plan, 11 including the process and qualifications for choosing the 12 8 rapid start pilots. 13 (2) The Coordinator shall support the launch of 8 14 rapid start pilots within 12 months after the effective 15 date of this amendatory Act of the 103rd General Assembly. 16 (3) The Coordinator shall establish coordination 17 efforts between pilot sites and health care providers, 18 community organizations, and stakeholders for the 19 successful implementation of the Rapid Start for HIV 20 treatment model. 21 (4) The Coordinator shall provide educational 22 resources, technical assistance, and training to 23 healthcare professionals at pilot sites to ensure a 24 thorough understanding and effective implementation of 25 Rapid Start for HIV treatment protocols. 26 (5) The Coordinator shall facilitate regular data HB5417- 3 -LRB103 39489 CES 69685 b 1 collection from Rapid Start for HIV treatment pilot sites 2 to optimize service delivery and monitor equitable access 3 to communities disproportionately impacted by HIV/AIDS. 4 (6) The Coordinator shall be responsible for the 5 management and allocation of resources dedicated to the 6 implementation of the Rapid Start for HIV treatment model, 7 including technical assistance, capacity building, and 8 grant management. 9 (7) The Coordinator shall be responsible for creating 10 and disseminating the report on the operation of the pilot 11 program 15 months after the pilot sites have launched as 12 required under the AIDS Confidentiality Act. The report 13 shall include: 14 (i) the number of enrolled participants; and 15 (ii) the length of time from initial diagnosis or 16 referral to the start of HIV treatment, and, when 17 available, the length of time during which 18 participants were able to achieve an undetectable 19 viral load. 20 Data shall also include demographic data on the racial, 21ethnic, age, sex, disability status, sexual orientation, 22gender identity, and primary or preferred language of program 23participants in accordance with the Data Governance and 24Organization to Support Equity and Racial Justice Act. The 25report shall include the Department's recommendations 26concerning the continued operation of the Rapid Start for HIV HB5417- 4 -LRB103 39489 CES 69685 b 1treatment pilot program and its expansion or progress towards 2becoming the standard of care for HIV treatment. The contents 3of the report shall be in accordance with the AIDS 4Confidentiality Act. The Coordinator shall share the report 5with the Illinois General Assembly, the Governor's Office and 6shall make it publicly available on the Department of Public 7Health's Internet website. 8 Implementation of this Section is subject to 9appropriations made to the Illinois Department of Public 10Health for this purpose. 11 Section 10. The Illinois Insurance Code is amended by 12adding Section 356z.71 as follows: 13 (215 ILCS 5/356z.71 new) 14 Sec. 356z.71. Coverage for home test kits for sexually 15transmitted infections (STIs). 16 (a) As used in this Section, "home test kit" means a 17product used for a test recommended by the federal Centers for 18Disease Control and Prevention guidelines or the United States 19Preventive Services Task Force that has received a certificate 20of waiver under the Clinical Laboratory Improvement Amendments 21to the federal Public Health Services Act, has been cleared or 22approved by the United States Food and Drug Administration, or 23has been developed by a laboratory in accordance with 24established regulations and quality standards, to allow HB5417- 5 -LRB103 39489 CES 69685 b 1individuals to self-collect specimens for STIs, including HIV, 2remotely at a location outside of a clinical setting. 3 (b) An individual or group policy of accident and health 4insurance amended, delivered, issued, or renewed in this State 5after January 1, 2025 shall provide coverage for home test 6kits for sexually transmitted infections, including any 7laboratory costs of processing the kit, that are deemed 8medically necessary or appropriate and ordered directly by a 9clinician or furnished through a standing order for patient 10use based on clinical guidelines and individual patient health 11needs. 12 (1) A commercial health care plan is required to cover 13 the services outlined in this subsection when ordered for 14 an enrollee by an in-network provider. 15 (2) Except as otherwise provided in this subsection, a 16 policy subject to this subsection shall not impose a 17 deductible, coinsurance, copayment, or any other 18 cost-sharing requirement on the coverage provided. The 19 provisions of this subsection do not apply to coverage of 20 procedures to the extent such coverage would disqualify a 21 high-deductible health plan from eligibility for a health 22 savings account pursuant to the federal Internal Revenue 23 Code, 26 U.S.C. 223. 24 (3) Except as otherwise authorized under this Section, 25 a policy shall not impose any restrictions or delays on 26 the coverage required under this Section. HB5417- 6 -LRB103 39489 CES 69685 b 1 (4) If a plan or issuer uses a network of providers, 2 nothing in this Section shall be construed to require 3 coverage or to prohibit the plan or issuer from imposing 4 cost-sharing for items or services described in this 5 Section that are provided or delivered by an 6 out-of-network provider, unless the plan or issuer does 7 not have in its network a provider who is able to or is 8 willing to provide the applicable items or services. 9 Section 15. The Illinois Public Aid Code is amended by 10changing Section 5-16.8 as follows: 11 (305 ILCS 5/5-16.8) 12 Sec. 5-16.8. Required health benefits. The medical 13assistance program shall (i) provide the post-mastectomy care 14benefits required to be covered by a policy of accident and 15health insurance under Section 356t and the coverage required 16under Sections 356g.5, 356q, 356u, 356w, 356x, 356z.6, 17356z.26, 356z.29, 356z.32, 356z.33, 356z.34, 356z.35, 356z.46, 18356z.47, 356z.51, 356z.53, 356z.56, 356z.59, 356z.60, and 19356z.61, 356z.64, 356z.67, and 356z.71 of the Illinois 20Insurance Code, (ii) be subject to the provisions of Sections 21356z.19, 356z.44, 356z.49, 364.01, 370c, and 370c.1 of the 22Illinois Insurance Code, and (iii) be subject to the 23provisions of subsection (d-5) of Section 10 of the Network 24Adequacy and Transparency Act. HB5417- 7 -LRB103 39489 CES 69685 b 1 The Department, by rule, shall adopt a model similar to 2the requirements of Section 356z.39 of the Illinois Insurance 3Code. 4 On and after July 1, 2012, the Department shall reduce any 5rate of reimbursement for services or other payments or alter 6any methodologies authorized by this Code to reduce any rate 7of reimbursement for services or other payments in accordance 8with Section 5-5e. 9 To ensure full access to the benefits set forth in this 10Section, on and after January 1, 2016, the Department shall 11ensure that provider and hospital reimbursement for 12post-mastectomy care benefits required under this Section are 13no lower than the Medicare reimbursement rate. 14(Source: P.A. 102-30, eff. 1-1-22; 102-144, eff. 1-1-22; 15102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-530, eff. 161-1-22; 102-642, eff. 1-1-22; 102-804, eff. 1-1-23; 102-813, 17eff. 5-13-22; 102-816, eff. 1-1-23; 102-1093, eff. 1-1-23; 18102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff. 191-1-24; 103-420, eff. 1-1-24; revised 12-15-23.) 20 Section 20. The AIDS Confidentiality Act is amended by 21adding Section 5.6 as follows: 22 (410 ILCS 305/5.6 new) 23 Sec. 5.6. Illinois AIDS Drug Assistance Program. 24 (a) The purpose of this Section is to expand and assist HB5417- 8 -LRB103 39489 CES 69685 b 1with implementation of the Rapid Start for HIV treatment 2model. The pilot sites will allow the development of a 3coordinated system of health care services to provide timely 4and quality HIV treatment. This will occur by increasing the 5capacity of the Department of Public Health and build toward 6establishing the Rapid Start model as the standard of care for 7HIV treatment. This program shall be known as the Illinois 8AIDS Drug Assistance Program or Illinois ADAP. 9 (b) In this Section: 10 "Conditional approval" means Illinois ADAP approval within 1124 hours and allows for attestation of eligibility 12requirements. An applicant seeking conditional approval must 13document residency in the State of Illinois. 14 "Rapid Start for HIV Treatment" means initiating 15antiretroviral therapy within 7 days after initial diagnosis 16or within 7 days after referral to HIV medical care as defined 17by the Centers for Disease Control and Prevention 18recommendations for HIV treatment. 19 (c) Once a complete Illinois AIDS Drug Assistance Program 20application is submitted with all necessary supporting 21documents, processing of the application shall occur within 72 22hours after the time of submission. 23 (d) Illinois ADAP shall establish a pathway for 24conditional approval of Illinois ADAP enrollment, with the 25requirement that applicants then submit a full Illinois ADAP 26application within 30 days after receiving conditional HB5417- 9 -LRB103 39489 CES 69685 b 1approval. 2 (e) The Department of Public Health shall establish 8 3Rapid Start for HIV Treatment pilot sites. Upon referral from 4an HIV testing site, the program shall provide funding for and 5coordination of health care services to support treatment 6goals. The program shall provide ancillary services, 7pharmaceutical drug assistance, and case management services 8to participants while the appropriate transition is made for 9continuity of care within the Rapid Start for HIV treatment 10model timeline. The Department may adopt rules to implement 11this pilot program in accordance with industry standards 12informed by the most current Centers for Disease Control and 13Prevention guidance on HIV care and treatment. 14 (f) The Pilot sites shall abide by the following 15principles: 16 (1) Nothing About Us Without Us: Pilot site programs 17 and services shall be formulated with transparency, 18 community involvement, and direct ongoing input by people 19 living with and vulnerable to HIV. 20 (2) Equity: Pilot site programs and services shall 21 provide equitable support, services, and resources to all 22 participants and ensure accessibility to the greatest 23 extent possible. They shall also be established in 24 underserved communities. 25 (3) Self-Determination: Pilot site programs and 26 services shall prioritize individual dignity and autonomy HB5417- 10 -LRB103 39489 CES 69685 b 1 in decision-making while encouraging people to connect 2 with additional services that promote health and 3 well-being. 4 (4) Reduce Stigma: Pilot site programs and services 5 shall affirm the humanity and dignity of people living 6 with or vulnerable to HIV and shall operate in a way that 7 is welcoming to reduce stigma and build trust. 8 (5) Safe Spaces: Pilot site programs and services 9 shall prioritize relationship-building and trust among 10 partners, staff, and participants to create safe spaces. 11 (g) The Department, in cooperation with the lead agency 12designated under subsection (c), shall publish a report on the 13operation of the pilot program 15 months after the pilot sites 14have launched. The Department shall share the report with the 15General Assembly and the Governor's Office and shall make it 16publicly available on its Internet website. The report shall 17include: 18 (1) the number offers made for enrollment; 19 (2) the number of enrolled participants; 20 (3) the number and reasons of patients declined for 21 service; and 22 (4) the length of time from initial diagnosis or 23 referral to the start of HIV treatment, and, when 24 available, the length of time participants were able to 25 achieve an undetectable viral load. 26 Data shall also include demographic data on the racial, HB5417- 11 -LRB103 39489 CES 69685 b 1ethnic, age, sex, disability status, sexual orientation, 2gender identity, and primary or preferred language of program 3participants in accordance with the Data Governance and 4Organization to Support Equity and Racial Justice Act. The 5report shall include the Department's recommendations 6concerning the continued operation of the Rapid Start for HIV 7treatment pilot program and its expansion or progress towards 8becoming the standard of care for HIV treatment. The contents 9of the report shall be in accordance with the AIDS 10Confidentiality Act. 11 Implementation of this Section is subject to 12appropriations made to the Illinois Department of Public 13Health for this purpose. 14 Section 25. The County Jail Act is amended by changing 15Section 17.10 as follows: 16 (730 ILCS 125/17.10) 17 Sec. 17.10. Requirements in connection with HIV/AIDS. 18 (a) In each county other than Cook, during the medical 19admissions exam, the warden of the jail, a correctional 20officer at the jail, or a member of the jail medical staff must 21provide the prisoner with appropriate written information 22concerning human immunodeficiency virus (HIV) and acquired 23immunodeficiency syndrome (AIDS). The Department of Public 24Health and community-based organizations certified to provide HB5417- 12 -LRB103 39489 CES 69685 b 1HIV/AIDS testing must provide these informational materials to 2the warden at no cost to the county. The warden, a correctional 3officer, or a member of the jail medical staff must inform the 4prisoner of the option of being tested for infection with HIV 5by a certified local community-based agency or other available 6medical provider at no charge to the prisoner. 7 (b) In Cook County, during the medical admissions exam, an 8employee of the Cook County Health & Hospitals System must 9provide the prisoner with appropriate information in writing, 10verbally or by video or other electronic means concerning 11human immunodeficiency virus (HIV) and acquired 12immunodeficiency syndrome (AIDS) and must also provide the 13prisoner with option of testing for infection with HIV or any 14other identified causative agent of AIDS, as well as 15counseling in connection with such testing. The Cook County 16Health & Hospitals System may provide the inmate with opt-out 17human immunodeficiency virus (HIV) testing, as defined in 18Section 4 of the AIDS Confidentiality Act, unless the inmate 19refuses. If opt-out HIV testing is conducted, the Cook County 20Health & Hospitals System shall place signs in English, 21Spanish, and other languages as needed in multiple, highly 22visible locations in the area where HIV testing is conducted 23informing inmates that they will be tested for HIV unless they 24refuse, and refusal or acceptance of testing shall be 25documented in the inmate's medical record. Pre-test 26information shall be provided to the inmate and informed HB5417- 13 -LRB103 39489 CES 69685 b 1consent obtained from the inmate as required in subsection (q) 2of Section 3 and Section 5 of the AIDS Confidentiality Act. The 3Cook County Health & Hospitals System shall follow procedures 4established by the Department of Public Health to conduct HIV 5testing and testing to confirm positive HIV test results. All 6aspects of HIV testing shall comply with the requirements of 7the AIDS Confidentiality Act, including delivery of test 8results, as determined by the Cook County Health & Hospitals 9System in consultation with the Illinois Department of Public 10Health. Nothing in this Section shall require the Cook County 11Health & Hospitals System to offer HIV testing to inmates who 12are known to be infected with HIV. The Department of Public 13Health and community-based organizations certified to provide 14HIV/AIDS testing may provide these informational materials to 15the Bureau at no cost to the county. The testing provided under 16this subsection (b) shall consist of a test approved by the 17Illinois Department of Public Health to determine the presence 18of HIV infection, based upon recommendations of the United 19States Centers for Disease Control and Prevention. If the test 20result is positive, a reliable supplemental test based upon 21recommendations of the United States Centers for Disease 22Control and Prevention shall be administered. 23 (b-5) The Department of Corrections shall include the 24following information in the annual adult correctional 25facility public inspection report for each county: 26 (1) whether the warden of the jail, a correctional HB5417- 14 -LRB103 39489 CES 69685 b 1 officer at the jail, or a member of the jail medical staff 2 provide the prisoner with appropriate written information 3 concerning HIV and AIDS during the medical admissions 4 exam; 5 (2) whether the warden, a correctional officer, or a 6 member of the jail medical staff informs the prisoner of 7 the option of being tested for infection with HIV by a 8 certified local community-based agency or other available 9 medical provider at no charge to the prisoner; 10 (3) whether the warden of the jail makes appropriate 11 written information or visual aids concerning HIV/AIDS 12 available to every visitor to the jail; 13 (4) whether the warden of the jail has contacted the 14 Department of Public Health or community-based 15 organizations certified to provide HIV/AIDS testing to 16 obtain informational materials within the past year; 17 (5) for Cook County, whether an employee of the Cook 18 County Health and Hospitals System provides the prisoner 19 with appropriate information in writing, verbally, or by 20 video or other electronic means concerning HIV and AIDS 21 during the medical admissions exam; and 22 (6) for Cook County, whether an employee of the Cook 23 County Health and Hospitals System provides the prisoner 24 with the option of testing for infection with HIV or any 25 other identified causative agent of AIDS, as well as 26 counseling in connection with such testing; HB5417- 15 -LRB103 39489 CES 69685 b 1 The Department of Public Health and community-based 2organizations certified to provide HIV/AIDS testing shall 3provide these informational materials to the warden at no cost 4to the office of the county sheriff. 5 (c) In each county, the warden of the jail must make 6appropriate written information concerning HIV/AIDS available 7to every visitor to the jail. This information must include 8information concerning persons or entities to contact for 9local counseling and testing. The Department of Public Health 10and community-based organizations certified to provide 11HIV/AIDS testing must provide these informational materials to 12the warden at no cost to the office of the county sheriff. 13 (d) Implementation of this Section is subject to 14appropriation. 15(Source: P.A. 97-244, eff. 8-4-11; 97-323, eff. 8-12-11; 1697-813, eff. 7-13-12; 98-1046, eff. 1-1-15.) HB5417- 16 -LRB103 39489 CES 69685 b 1 INDEX 2 Statutes amended in order of appearance