Bill Text: IL SB3414 | 2023-2024 | 103rd General Assembly | Engrossed
Bill Title: Reinserts the provisions of the bill, as amended by Senate Amendment No. 2, with the following changes. Provides that a group or individual policy of accident and health insurance or a managed care plan that is amended, delivered, issued, or renewed on or after January 1, 2026 shall not impose a deductible, coinsurance, copayment, or any other cost-sharing requirement on the coverage of a one-month supply of continuous glucose monitors, including one transmitter if necessary, as provided under the provisions (instead of on the coverage of continuous glucose monitors). Effective July 1, 2024.
Spectrum: Bipartisan Bill
Status: (Engrossed) 2024-04-30 - House Committee Amendment No. 1 Tabled [SB3414 Detail]
Download: Illinois-2023-SB3414-Engrossed.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Insurance Code is amended by | ||||||
5 | changing Section 356z.59 as follows:
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6 | (215 ILCS 5/356z.59) | ||||||
7 | Sec. 356z.59. Coverage for continuous glucose monitors. | ||||||
8 | (a) A group or individual policy of accident and health | ||||||
9 | insurance or a managed care plan that is amended, delivered, | ||||||
10 | issued, or renewed before January 1, 2026 on or after January | ||||||
11 | 1, 2024 shall provide coverage for medically necessary | ||||||
12 | continuous glucose monitors for individuals who are diagnosed | ||||||
13 | with any form of diabetes mellitus type 1 or type 2 diabetes | ||||||
14 | and require insulin for the management of their diabetes. A | ||||||
15 | group or individual policy of accident and health insurance or | ||||||
16 | a managed care plan that is amended, delivered, issued, or | ||||||
17 | renewed on or after January 1, 2026 shall provide coverage for | ||||||
18 | continuous glucose monitors, related supplies, and training in | ||||||
19 | the use of continuous glucose monitors for any individual if | ||||||
20 | the policy is in full alignment with Medicare and the | ||||||
21 | following requirements are met: | ||||||
22 | (1) the individual is diagnosed with diabetes | ||||||
23 | mellitus; |
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1 | (2) the continuous glucose monitor has been prescribed | ||||||
2 | by a physician licensed under the Medical Practice Act of | ||||||
3 | 1987 or a certified nurse practitioner or physician | ||||||
4 | assistant with a collaborative agreement with the | ||||||
5 | physician; | ||||||
6 | (3) the continuous glucose monitor has been prescribed | ||||||
7 | in accordance with the Food and Drug Administration's | ||||||
8 | indications for use; | ||||||
9 | (4) the prescriber has concluded that the individual | ||||||
10 | or individual's caregiver has sufficient training in using | ||||||
11 | the continuous glucose monitor, which may be evidenced by | ||||||
12 | the prescriber having prescribed a continuous glucose | ||||||
13 | monitor, and has attested that the patient will be | ||||||
14 | provided with that training; | ||||||
15 | (5) the individual either: | ||||||
16 | (A) uses insulin for treatment via one or more | ||||||
17 | injections or infusions of insulin per day, and only | ||||||
18 | one injection or infusion of one type of insulin shall | ||||||
19 | be sufficient utilization of insulin to qualify for a | ||||||
20 | continuous glucose monitor under this Section; or | ||||||
21 | (B) has reported a history of problematic | ||||||
22 | hypoglycemia with documentation to the individual's | ||||||
23 | medical provider showing at least one of the | ||||||
24 | following: | ||||||
25 | (i) recurrent hypoglycemic events | ||||||
26 | characterized by an altered mental or physical |
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1 | state, despite multiple attempts to adjust | ||||||
2 | medications or modify the diabetes treatment plan, | ||||||
3 | as documented by a medical provider; or | ||||||
4 | (ii) a history of at least one hypoglycemic | ||||||
5 | event characterized by an altered mental or | ||||||
6 | physical state requiring third-party assistance | ||||||
7 | for treatment of hypoglycemia, as documented by | ||||||
8 | the individual's medical provider, which may be | ||||||
9 | self-reported by the individual; third-party | ||||||
10 | assistance shall not, in any event, be deemed to | ||||||
11 | require that the individual had been admitted to a | ||||||
12 | hospital or visited an emergency department; and | ||||||
13 | (6) within 6 months prior to prescribing a continuous | ||||||
14 | glucose monitor, the medical provider prescribing the | ||||||
15 | continuous glucose monitor had an in-person or covered | ||||||
16 | telehealth visit with the individual to evaluate the | ||||||
17 | individual's diabetes control and has determined that the | ||||||
18 | criteria of paragraphs (1) through (5) are met. | ||||||
19 | Notwithstanding any other provision of this Section, to | ||||||
20 | qualify for a continuous glucose monitor under this Section, | ||||||
21 | an individual is not required to have a diagnosis of | ||||||
22 | uncontrolled diabetes; have a history of emergency room visits | ||||||
23 | or hospitalizations; or show improved glycemic control. | ||||||
24 | All continuous glucose monitors covered under this Section | ||||||
25 | shall be approved for use by individuals, and the choice of | ||||||
26 | device shall be made based upon the individual's circumstances |
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1 | and medical needs in consultation with the individual's | ||||||
2 | medical provider, subject to the terms of the policy. | ||||||
3 | (b) Any individual who is diagnosed with diabetes mellitus | ||||||
4 | and meets the requirements of this Section shall not be | ||||||
5 | required to obtain prior authorization for coverage for a | ||||||
6 | continuous glucose monitor, and coverage shall be continuous | ||||||
7 | once the continuous glucose monitor is prescribed. | ||||||
8 | (c) A group or individual policy of accident and health | ||||||
9 | insurance or a managed care plan that is amended, delivered, | ||||||
10 | issued, or renewed on or after January 1, 2026 shall not impose | ||||||
11 | a deductible, coinsurance, copayment, or any other | ||||||
12 | cost-sharing requirement on the coverage of a one-month supply | ||||||
13 | of continuous glucose monitors, including one transmitter if | ||||||
14 | necessary, as provided under this Section. The provisions of | ||||||
15 | this subsection do not apply to coverage under this Section to | ||||||
16 | the extent such coverage would disqualify a high-deductible | ||||||
17 | health plan from eligibility for a health savings account | ||||||
18 | pursuant to the federal Internal Revenue Code, 26 U.S.C. 23. | ||||||
19 | (Source: P.A. 102-1093, eff. 1-1-23; 103-154, eff. 6-30-23.)
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20 | Section 10. The Illinois Public Aid Code is amended by | ||||||
21 | adding Section 5-16.8a as follows:
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22 | (305 ILCS 5/5-16.8a new) | ||||||
23 | Sec. 5-16.8a. Rules concerning continuous glucose monitor | ||||||
24 | coverage. The Department shall adopt rules to implement the |
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1 | changes made to Section 356z.59 of the Illinois Insurance | ||||||
2 | Code, as applied to the medical assistance program. The rules | ||||||
3 | shall, at a minimum, provide that: | ||||||
4 | (1) the ordering provider must be a physician licensed | ||||||
5 | under the Medical Practice Act of 1987 or a certified | ||||||
6 | nurse practitioner or physician assistant with a | ||||||
7 | collaborative agreement with the physician; | ||||||
8 | (2) continuous glucose monitors are not required to | ||||||
9 | have an alarm when glucose levels are outside the | ||||||
10 | pre-determined range; the capacity to generate predictive | ||||||
11 | alerts in case of impending hypoglycemia; or the ability | ||||||
12 | to transmit real-time glucose values and alerts to the | ||||||
13 | patient and designated other persons; | ||||||
14 | (3) the beneficiary is not required to need intensive | ||||||
15 | insulin therapy; | ||||||
16 | (4) the beneficiary is not required to have a recent | ||||||
17 | history of emergency room visits or hospitalizations | ||||||
18 | related to hypoglycemia, hyperglycemia, or ketoacidosis; | ||||||
19 | (5) if the beneficiary has gestational diabetes, the | ||||||
20 | beneficiary is not required to have suboptimal glycemic | ||||||
21 | control that is likely to harm the beneficiary or the | ||||||
22 | fetus; | ||||||
23 | (6) if a beneficiary has diabetes mellitus and the | ||||||
24 | beneficiary does not meet the coverage requirements or if | ||||||
25 | the beneficiary is in a population in which continuous | ||||||
26 | glucose monitor usage has not been well-studied, requests |
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1 | shall be reviewed, on a case-by-case basis, for medical | ||||||
2 | necessity and approved if appropriate; and | ||||||
3 | (7) the beneficiary is not required to obtain prior | ||||||
4 | authorization for coverage for a continuous glucose | ||||||
5 | monitor, and that coverage is continuous once the | ||||||
6 | continuous glucose monitor is prescribed.
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