103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3585 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED: New Act 215 ILCS 5/356z.4 225 ILCS 85/45 new775 ILCS 55/1-40 new Creates the Long-Acting Reversible Contraception Information Act. Provides that the Department of Public Health shall create and allocate funding for an online learning module to promote postpartum and postabortion long-acting reversible contraception insertion. Provides that long-acting reversible contraception services and information may be provided by physicians to any minor over the age of 12 who meets specified qualifications. Provides that the Department shall provide printed materials, guidance, and information on how to obtain low-cost and no-cost contraceptives. Provides that the Department shall develop a long-acting reversible contraception promotion plan intended to reduce cases of neonatal abstinence syndrome and fetal substance exposure. Provides that the Department shall produce an annual report on the program. Provides that the Department shall adopt rules necessary to carry out the Act. Amends the Illinois Insurance Code. Provides that an individual or group policy of accident and health insurance shall also cover long-acting reversible contraception on the day of the abortion as long as the procedure is medically feasible. Amends the Pharmacy Practice Act. Provides that a pharmacist licensed under the Act who dispenses self-administered hormonal contraceptives shall provide the patient with information on the effectiveness and availability of intrauterine devices and implants. Amends the Reproductive Health Act. Provides that a health care professional shall provide information about intrauterine devices at the time that a health care professional performs an abortion. LRB103 29391 CPF 55782 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3585 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED: New Act 215 ILCS 5/356z.4 225 ILCS 85/45 new775 ILCS 55/1-40 new New Act 215 ILCS 5/356z.4 225 ILCS 85/45 new 775 ILCS 55/1-40 new Creates the Long-Acting Reversible Contraception Information Act. Provides that the Department of Public Health shall create and allocate funding for an online learning module to promote postpartum and postabortion long-acting reversible contraception insertion. Provides that long-acting reversible contraception services and information may be provided by physicians to any minor over the age of 12 who meets specified qualifications. Provides that the Department shall provide printed materials, guidance, and information on how to obtain low-cost and no-cost contraceptives. Provides that the Department shall develop a long-acting reversible contraception promotion plan intended to reduce cases of neonatal abstinence syndrome and fetal substance exposure. Provides that the Department shall produce an annual report on the program. Provides that the Department shall adopt rules necessary to carry out the Act. Amends the Illinois Insurance Code. Provides that an individual or group policy of accident and health insurance shall also cover long-acting reversible contraception on the day of the abortion as long as the procedure is medically feasible. Amends the Pharmacy Practice Act. Provides that a pharmacist licensed under the Act who dispenses self-administered hormonal contraceptives shall provide the patient with information on the effectiveness and availability of intrauterine devices and implants. Amends the Reproductive Health Act. Provides that a health care professional shall provide information about intrauterine devices at the time that a health care professional performs an abortion. LRB103 29391 CPF 55782 b LRB103 29391 CPF 55782 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3585 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED:
New Act 215 ILCS 5/356z.4 225 ILCS 85/45 new775 ILCS 55/1-40 new New Act 215 ILCS 5/356z.4 225 ILCS 85/45 new 775 ILCS 55/1-40 new
New Act
215 ILCS 5/356z.4
225 ILCS 85/45 new
775 ILCS 55/1-40 new
Creates the Long-Acting Reversible Contraception Information Act. Provides that the Department of Public Health shall create and allocate funding for an online learning module to promote postpartum and postabortion long-acting reversible contraception insertion. Provides that long-acting reversible contraception services and information may be provided by physicians to any minor over the age of 12 who meets specified qualifications. Provides that the Department shall provide printed materials, guidance, and information on how to obtain low-cost and no-cost contraceptives. Provides that the Department shall develop a long-acting reversible contraception promotion plan intended to reduce cases of neonatal abstinence syndrome and fetal substance exposure. Provides that the Department shall produce an annual report on the program. Provides that the Department shall adopt rules necessary to carry out the Act. Amends the Illinois Insurance Code. Provides that an individual or group policy of accident and health insurance shall also cover long-acting reversible contraception on the day of the abortion as long as the procedure is medically feasible. Amends the Pharmacy Practice Act. Provides that a pharmacist licensed under the Act who dispenses self-administered hormonal contraceptives shall provide the patient with information on the effectiveness and availability of intrauterine devices and implants. Amends the Reproductive Health Act. Provides that a health care professional shall provide information about intrauterine devices at the time that a health care professional performs an abortion.
LRB103 29391 CPF 55782 b LRB103 29391 CPF 55782 b
LRB103 29391 CPF 55782 b
A BILL FOR
HB3585LRB103 29391 CPF 55782 b HB3585 LRB103 29391 CPF 55782 b
HB3585 LRB103 29391 CPF 55782 b
1 AN ACT concerning health.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Long-Acting Reversible Contraception Information Act.
6 Section 5. Definitions. As used in this Act:
7 "Department" means the Department of Public Health.
8 "Health care professional" means a person who is
9 licensed as a physician, advanced practice registered
10 nurse, or physician assistant.
11 Section 10. Internet learning module for long-acting
12 reversible contraception. The Department shall create and
13 allocate funding for an online learning module, for health
14 care professionals, to promote postpartum and postabortion
15 long-acting reversible contraception insertion. A health care
16 professional who participates in this module may apply the
17 hours toward some of the continuing education requirements for
18 the health care professionals.
19 Section 15. Long-acting reversible contraception for
20 minors. Long-acting reversible contraception services and
21 information may be rendered by physicians licensed in the
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3585 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED:
New Act 215 ILCS 5/356z.4 225 ILCS 85/45 new775 ILCS 55/1-40 new New Act 215 ILCS 5/356z.4 225 ILCS 85/45 new 775 ILCS 55/1-40 new
New Act
215 ILCS 5/356z.4
225 ILCS 85/45 new
775 ILCS 55/1-40 new
Creates the Long-Acting Reversible Contraception Information Act. Provides that the Department of Public Health shall create and allocate funding for an online learning module to promote postpartum and postabortion long-acting reversible contraception insertion. Provides that long-acting reversible contraception services and information may be provided by physicians to any minor over the age of 12 who meets specified qualifications. Provides that the Department shall provide printed materials, guidance, and information on how to obtain low-cost and no-cost contraceptives. Provides that the Department shall develop a long-acting reversible contraception promotion plan intended to reduce cases of neonatal abstinence syndrome and fetal substance exposure. Provides that the Department shall produce an annual report on the program. Provides that the Department shall adopt rules necessary to carry out the Act. Amends the Illinois Insurance Code. Provides that an individual or group policy of accident and health insurance shall also cover long-acting reversible contraception on the day of the abortion as long as the procedure is medically feasible. Amends the Pharmacy Practice Act. Provides that a pharmacist licensed under the Act who dispenses self-administered hormonal contraceptives shall provide the patient with information on the effectiveness and availability of intrauterine devices and implants. Amends the Reproductive Health Act. Provides that a health care professional shall provide information about intrauterine devices at the time that a health care professional performs an abortion.
LRB103 29391 CPF 55782 b LRB103 29391 CPF 55782 b
LRB103 29391 CPF 55782 b
A BILL FOR
New Act
215 ILCS 5/356z.4
225 ILCS 85/45 new
775 ILCS 55/1-40 new
LRB103 29391 CPF 55782 b
HB3585 LRB103 29391 CPF 55782 b
HB3585- 2 -LRB103 29391 CPF 55782 b HB3585 - 2 - LRB103 29391 CPF 55782 b
HB3585 - 2 - LRB103 29391 CPF 55782 b
1 State to practice medicine in all of its branches to any minor
2 over the age of 12:
3 (1) who is married;
4 (2) who is a parent;
5 (3) who has the consent of the minor's parents or
6 legal guardian;
7 (4) who would face a serious health hazard if those
8 services were not provided; or
9 (5) who is referred for such services by a physician,
10 clergyman, or a planned parenthood agency.
11 Section 20. Guidance on low and no cost options of
12 long-acting reversible contraception; long-acting reversible
13 contraception promotion plan.
14 (a) The Department shall provide printed materials,
15 guidance, and information on how to obtain low-cost and
16 no-cost options for contraceptive promotion and long-acting
17 reversible contraception to health care professionals.
18 (b) The Department shall develop a long-acting reversible
19 contraception promotion plan to reduce cases of neonatal
20 abstinence syndrome and fetal substance exposure. The
21 Department shall produce an annual report on the program.
22 Section 25. Rulemaking. The Department shall adopt rules
23 necessary to carry out this Act.
HB3585 - 2 - LRB103 29391 CPF 55782 b
HB3585- 3 -LRB103 29391 CPF 55782 b HB3585 - 3 - LRB103 29391 CPF 55782 b
HB3585 - 3 - LRB103 29391 CPF 55782 b
1 Section 30. The Illinois Insurance Code is amended by
2 changing Section 356z.4 as follows:
3 (215 ILCS 5/356z.4)
4 Sec. 356z.4. Coverage for contraceptives.
5 (a)(1) The General Assembly hereby finds and declares all
6 of the following:
7 (A) Illinois has a long history of expanding timely
8 access to birth control to prevent unintended pregnancy.
9 (B) The federal Patient Protection and Affordable Care
10 Act includes a contraceptive coverage guarantee as part of
11 a broader requirement for health insurance to cover key
12 preventive care services without out-of-pocket costs for
13 patients.
14 (C) The General Assembly intends to build on existing
15 State and federal law to promote gender equity and women's
16 health and to ensure greater contraceptive coverage equity
17 and timely access to all federal Food and Drug
18 Administration approved methods of birth control for all
19 individuals covered by an individual or group health
20 insurance policy in Illinois.
21 (D) Medical management techniques such as denials,
22 step therapy, or prior authorization in public and private
23 health care coverage can impede access to the most
24 effective contraceptive methods.
25 (2) As used in this subsection (a):
HB3585 - 3 - LRB103 29391 CPF 55782 b
HB3585- 4 -LRB103 29391 CPF 55782 b HB3585 - 4 - LRB103 29391 CPF 55782 b
HB3585 - 4 - LRB103 29391 CPF 55782 b
1 "Contraceptive services" includes consultations,
2 examinations, procedures, and medical services related to the
3 use of contraceptive methods (including natural family
4 planning) to prevent an unintended pregnancy.
5 "Medical necessity", for the purposes of this subsection
6 (a), includes, but is not limited to, considerations such as
7 severity of side effects, differences in permanence and
8 reversibility of contraceptive, and ability to adhere to the
9 appropriate use of the item or service, as determined by the
10 attending provider.
11 "Therapeutic equivalent version" means drugs, devices, or
12 products that can be expected to have the same clinical effect
13 and safety profile when administered to patients under the
14 conditions specified in the labeling and satisfy the following
15 general criteria:
16 (i) they are approved as safe and effective;
17 (ii) they are pharmaceutical equivalents in that they
18 (A) contain identical amounts of the same active drug
19 ingredient in the same dosage form and route of
20 administration and (B) meet compendial or other applicable
21 standards of strength, quality, purity, and identity;
22 (iii) they are bioequivalent in that (A) they do not
23 present a known or potential bioequivalence problem and
24 they meet an acceptable in vitro standard or (B) if they do
25 present such a known or potential problem, they are shown
26 to meet an appropriate bioequivalence standard;
HB3585 - 4 - LRB103 29391 CPF 55782 b
HB3585- 5 -LRB103 29391 CPF 55782 b HB3585 - 5 - LRB103 29391 CPF 55782 b
HB3585 - 5 - LRB103 29391 CPF 55782 b
1 (iv) they are adequately labeled; and
2 (v) they are manufactured in compliance with Current
3 Good Manufacturing Practice regulations.
4 (3) An individual or group policy of accident and health
5 insurance amended, delivered, issued, or renewed in this State
6 after the effective date of this amendatory Act of the 99th
7 General Assembly shall provide coverage for all of the
8 following services and contraceptive methods:
9 (A) All contraceptive drugs, devices, and other
10 products approved by the United States Food and Drug
11 Administration. This includes all over-the-counter
12 contraceptive drugs, devices, and products approved by the
13 United States Food and Drug Administration, excluding male
14 condoms. This requirement includes long-acting reversible
15 contraception on the day of an abortion as long as the
16 procedure is medically feasible. The following apply:
17 (i) If the United States Food and Drug
18 Administration has approved one or more therapeutic
19 equivalent versions of a contraceptive drug, device,
20 or product, a policy is not required to include all
21 such therapeutic equivalent versions in its formulary,
22 so long as at least one is included and covered without
23 cost-sharing and in accordance with this Section.
24 (ii) If an individual's attending provider
25 recommends a particular service or item approved by
26 the United States Food and Drug Administration based
HB3585 - 5 - LRB103 29391 CPF 55782 b
HB3585- 6 -LRB103 29391 CPF 55782 b HB3585 - 6 - LRB103 29391 CPF 55782 b
HB3585 - 6 - LRB103 29391 CPF 55782 b
1 on a determination of medical necessity with respect
2 to that individual, the plan or issuer must cover that
3 service or item without cost sharing. The plan or
4 issuer must defer to the determination of the
5 attending provider.
6 (iii) If a drug, device, or product is not
7 covered, plans and issuers must have an easily
8 accessible, transparent, and sufficiently expedient
9 process that is not unduly burdensome on the
10 individual or a provider or other individual acting as
11 a patient's authorized representative to ensure
12 coverage without cost sharing.
13 (iv) This coverage must provide for the dispensing
14 of 12 months' worth of contraception at one time.
15 (B) Voluntary sterilization procedures.
16 (C) Contraceptive services, patient education, and
17 counseling on contraception.
18 (D) Follow-up services related to the drugs, devices,
19 products, and procedures covered under this Section,
20 including, but not limited to, management of side effects,
21 counseling for continued adherence, and device insertion
22 and removal.
23 (4) Except as otherwise provided in this subsection (a), a
24 policy subject to this subsection (a) shall not impose a
25 deductible, coinsurance, copayment, or any other cost-sharing
26 requirement on the coverage provided. The provisions of this
HB3585 - 6 - LRB103 29391 CPF 55782 b
HB3585- 7 -LRB103 29391 CPF 55782 b HB3585 - 7 - LRB103 29391 CPF 55782 b
HB3585 - 7 - LRB103 29391 CPF 55782 b
1 paragraph do not apply to coverage of voluntary male
2 sterilization procedures to the extent such coverage would
3 disqualify a high-deductible health plan from eligibility for
4 a health savings account pursuant to the federal Internal
5 Revenue Code, 26 U.S.C. 223.
6 (5) Except as otherwise authorized under this subsection
7 (a), a policy shall not impose any restrictions or delays on
8 the coverage required under this subsection (a).
9 (6) If, at any time, the Secretary of the United States
10 Department of Health and Human Services, or its successor
11 agency, promulgates rules or regulations to be published in
12 the Federal Register or publishes a comment in the Federal
13 Register or issues an opinion, guidance, or other action that
14 would require the State, pursuant to any provision of the
15 Patient Protection and Affordable Care Act (Public Law
16 111-148), including, but not limited to, 42 U.S.C.
17 18031(d)(3)(B) or any successor provision, to defray the cost
18 of any coverage outlined in this subsection (a), then this
19 subsection (a) is inoperative with respect to all coverage
20 outlined in this subsection (a) other than that authorized
21 under Section 1902 of the Social Security Act, 42 U.S.C.
22 1396a, and the State shall not assume any obligation for the
23 cost of the coverage set forth in this subsection (a).
24 (b) This subsection (b) shall become operative if and only
25 if subsection (a) becomes inoperative.
26 An individual or group policy of accident and health
HB3585 - 7 - LRB103 29391 CPF 55782 b
HB3585- 8 -LRB103 29391 CPF 55782 b HB3585 - 8 - LRB103 29391 CPF 55782 b
HB3585 - 8 - LRB103 29391 CPF 55782 b
1 insurance amended, delivered, issued, or renewed in this State
2 after the date this subsection (b) becomes operative that
3 provides coverage for outpatient services and outpatient
4 prescription drugs or devices must provide coverage for the
5 insured and any dependent of the insured covered by the policy
6 for all outpatient contraceptive services and all outpatient
7 contraceptive drugs and devices approved by the Food and Drug
8 Administration. Coverage required under this Section may not
9 impose any deductible, coinsurance, waiting period, or other
10 cost-sharing or limitation that is greater than that required
11 for any outpatient service or outpatient prescription drug or
12 device otherwise covered by the policy.
13 Nothing in this subsection (b) shall be construed to
14 require an insurance company to cover services related to
15 permanent sterilization that requires a surgical procedure.
16 As used in this subsection (b), "outpatient contraceptive
17 service" means consultations, examinations, procedures, and
18 medical services, provided on an outpatient basis and related
19 to the use of contraceptive methods (including natural family
20 planning) to prevent an unintended pregnancy.
21 (c) (Blank).
22 (d) If a plan or issuer utilizes a network of providers,
23 nothing in this Section shall be construed to require coverage
24 or to prohibit the plan or issuer from imposing cost-sharing
25 for items or services described in this Section that are
26 provided or delivered by an out-of-network provider, unless
HB3585 - 8 - LRB103 29391 CPF 55782 b
HB3585- 9 -LRB103 29391 CPF 55782 b HB3585 - 9 - LRB103 29391 CPF 55782 b
HB3585 - 9 - LRB103 29391 CPF 55782 b
1 the plan or issuer does not have in its network a provider who
2 is able to or is willing to provide the applicable items or
3 services.
4 (Source: P.A. 100-1102, eff. 1-1-19; 101-13, eff. 6-12-19.)
5 Section 35. The Pharmacy Practice Act is amended by adding
6 Section 45 as follows:
7 (225 ILCS 85/45 new)
8 Sec. 45. Information on intrauterine devices and implants.
9 A pharmacist licensed under this Act who dispenses
10 self-administered hormonal contraceptives shall provide the
11 patient with information on the effectiveness and availability
12 of intrauterine devices and implants.
13 Section 40. The Reproductive Health Act is amended by
14 adding Section 1-40 as follows:
15 (775 ILCS 55/1-40 new)
16 Sec. 1-40. Information provided at the time of abortion. A
17 health care professional shall provide information about
18 intrauterine devices at the time that a health care
19 professional performs an abortion.
HB3585 - 9 - LRB103 29391 CPF 55782 b