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Below is the relevant legislation related to parity that has been introduced during the current or recently adjourned legislative session. State parity legislation passed in any state since 2008 is usually designed to increase compliance with the federal law and to strengthen state laws.

Are we missing any passed or introduced legislation? Let us know at info@paritytrack.org

Introduced Legislation

Regular Session: Convened 1/19/2019
Will adjourn: 1/7/2020
Governors Deadline: 4/6/2020

2019

Primary Focus: Enforcement: Other
Title/Description: Mental Health Parity Taskforce
Citation: SB 1449
Introduced: 2/13/2019
Sponsor: Sen. Morrison (D)
Status: Signed into law
Summary: The bill amends the ILCS by adding a new section 215 ILCS 5/370c.2 to provide that the Department of Insurance shall form a task force to review the plans and policies for individual and group short-term and long-term disability income insurance issued and offered to individuals and employers in this State to examine the use of such insurance for behavioral health conditions. The task force shall be comprised of experts in the disability income insurance industry, experts in the behavioral health conditions and treatment industry, members of the general public, and members of the General Assembly.  The task force shall submit findings and recommendations to the Governor and the General Assembly by December 31, 2020. Dissolves the task force on December 31, 2021.
Notes: n/a

 

Primary Focus: Mandated Benefit: Other; Medical Management Limitation
Title/Description: Mandating treatment coverage for early stages of mental health conditions
Citation: HB 3473/ SB 35
Introduced: Rep. Conroy (D); Sen. Bush (D)
Sponsor: 2/15/2019
Status: Pending
Summary: This bill amends the ILCS by adding section 215 ILCS 5/356z.33 to require that a group or individual policy of accident and health insurance or managed care plan shall provide coverage for the treatment of serious mental illnesses and serious emotional disturbances. Provides that coverage shall include, but not be limited to, certain evidence-based and evidence-informed bundled treatment approaches. Provides that payment for the services performed under the treatment models shall be based on all the components of the treatment model combined, rather than for each separate service. Provides that disability or functional impairment shall not be a precondition to receive treatment under the provisions. Provides that if federal regulations require the State to defray the cost of coverage for serious mental illnesses or serious emotional disturbances, then the provisions are inoperative and the State shall not assume any obligation for the cost of the coverage.
Notes: n/a

Primary Focus: Access to Services/Eligibility
Title/Description: Children’s Mental Health Ombudsman
Citation: HB 1462
Introduced: 1/29/2019
Sponsor: Rep. Feigenholtz (D)
Status: Pending
Summary: Amends 5 ILCS 140/7.5 to create the Children’s Mental Health Ombudsman Program Act for the purposes of advocating on behalf of children with mental health disorders, identifying barriers to effective mental health treatment and proposed solutions; monitoring and ensuring compliance with relevant statutes, regulations, rules, and policies pertaining to children’s behavioral health services; and investigating complaints that a State or a government agency has engaged in activities, practices, or omissions that constitute violations of applicable court orders, statutes, or regulations or that may have an adverse effect upon the health, safety, welfare, or rights of children.
Notes: n/a

Primary Focus: Medicaid; Access to Services/Eligibility
Title/Description: Medicaid Mental Health Ombudman
Citation: HB 122
Introduced: 1/9/2019
Sponsor: Rep. Kalish (D)
Status: Passed House
Summary: Creates the Office of the Ombudsman for Behavioral Health Access to Care within the Department of Human Services for the purpose of assisting residents of Illinois in accessing behavioral health care.
Notes: n/a

2018

Primary Focus: Insurance Coverage
Title/Description: Serious Mental Illness and Emotional Disturbances Early Treatment Coverage
Citation: S.B.3213
Introduced: 2/16/2018
Sponsor: Senator Melinda Bush (D-031)
Status: Died in committee
Summary: Section 30 of IL S 3213 proposes to amend the Illinois Insurance Code by adding Section 356z.20, which discusses coverage for the early treatment of serious mental illnesses and serious emotional disturbances. Specifically, it provides that coverage of treatment shall include evidence-based and evidence-informed bundled treatment approaches, including but not limited to (1) assertive community treatment and community support team treatment and (2) first episode psychosis treatment, covering at a minimum the elements of the coordinated specialty care model applied in the research trials conducted by the National Institute of Mental Health in the Recovery of an Initial Schizophrenia Episode studies. The proposed bill also discusses payment for such services and precludes disability and functional impairment as precondition requirements for determining medical necessity.
Notes: N/A

Primary Focus: Compliance: Reporting Requirement
Title/Description: Annual Parity Reporting Requirement
Citation: S.B 2440
Introduced: 1/30/2018
Sponsor: Senator Morrison (D)
Status: Died in committee
Summary: Section 5 amends 215 ILS 5/370c.1 by adding a new paragraph to require all individual and group insurers and health insurance or qualified plans that offer mental health and substance use disorder benefits to submit to the Department of Insurance or Department of Healthcare and Family Services a detailed report that includes a certification and comparative analysis to demonstrate the insurers compliance with parity requirements.
Notes: N/A

2017

Primary Focus: Mandated Benefit: Telehealth
Title/Description: Requires insurers cover mental health and substance use disorder services provided via telehealth to qualifying beneficiaries
Citation: H.B.3375
Introduced: 2/9/2017
Sponsor: Representative Lang (D)
Status: Died in committee
Summary: Section 5 amends 215 ILCS 5/370c to require group and individual insurers offering mental health and substance use disorder benefits to provide coverage for mental health and substance use disorder services accessed through telehealth services if the individual resides in an area designated as a mental health professional shortage area.
Notes: N/A

Primary Focus: Medical Management Limitation
Title/Description: Prohibits the use of prior authorization requirements for certain SUD treatment benefits and sets further medical management and external review guidelines
Citation: S.682
Introduced: 1/2017
Sponsor: Senator Mulroe (D)
Status: Signed into law
Summary: This bill amends 215 ILCS 5/370c by adding subsection “g” to prohibit the following plans from imposing prior authorization requirements on specified ASAM level SUD treatment benefits: group health insurance policies, individual health benefit plans, qualified health plans that is offered through the health insurance marketplace, small employer group health plans and large employer group health plans. Furthermore, S.682 prohibits additional or unrelated diagnosis to be used as a barrier to deny related benefits to a beneficiary with a diagnosis of a SUD. Additionally, S.682 sets notification requirements, guidelines, and timelines for SUD providers to follow in order inform insurers or managed care organizations of the initiation of treatment and notice of discharge.
Beneficiaries are provided the right to external review and expedited external review pursuant to the Health Carrier External Review Act.
Notes: N/A

2015-2016

Introduced: 1/2015
Sponsor: Rep. Lang
Status: Dead
Summary: This bill tries to change the state insurance law so Illinois residents can get telehealth treatment for mental health conditions if they live in a “mental health professional shortage area,” as designated by the U.S. Department of Health and Human Services.

2013-2014

Introduced: 2/2014
Sponsor: Rep. Fine
Status: Dead 12/2014
Summary: This bill tried to change the state insurance law about autism so that plans would have to cover autism services through age 21 instead of age 20, as the law currently states. It also would have set the annual maximum for autism services at $50,000 instead of $36,000, as it is now.

2011-2012

Introduced: 2/2011
Sponsor: Rep. Lang
Status: Dead 1/2013
Summary: This bill tried to change the state insurance law about autism so that plans would have to follow the state parity law for coverage of autism services. The bill also included sections about other behavioral health coverage that are identical to those in HB 1530, which was signed into law and is summarized above.

2009-2010

Introduced: 2/2009
Sponsor: Sen. Koehler
Status: Dead 1/2011
Summary: Among many other things, this bill tried to change the state insurance law so that a patient’s doctor is the only person who can decide if the patient’s mental health treatment is medically necessary. Currently insurance plans have significant input in this process and can deny coverage during a medical necessity review.
Introduced: 2/2009
Sponsor: Rep. Ryg
Status: Dead 1/2011
Summary: For the section of the law applying to behavioral health coverage, this bill is identical to SB1331, listed directly above.
Introduced: 1/2010
Sponsor: Rep. Lang
Status: Dead 1/2011
Summary: This bill is basically a combination of HB 1530 and HB 1372 from the 2011-2012 legislative session, which are both listed above. HB 1530 became law, and HB 1372 did not. HB 1530 changed the section of the state insurance law that is relevant to parity, while HB 1372 tried to change the section of the state insurance law about autism coverage.

However, there are two notable differences in the parity-related section of this bill and HB 1530:

Common Violations

In seeking care or services, be aware of the common ways parity rights can be violated.

Common Violations

Definition

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