305 ILCS 5/5-11
2021 Illinois Compiled Statutes|Chapter 305 - PUBLIC AID|305 ILCS 5/ - Illinois Public Aid Code.|Article V - Medical Assistance

 (from Ch. 23, par. 5-11)Sec. 5-11. Co-operative arrangements; contracts with other State  agencies, health care and rehabilitation organizations, and fiscal  intermediaries.(a) The Illinois Department may enter into co-operative arrangements  with  State agencies responsible for administering or supervising the  administration of health services and vocational rehabilitation services to  the end that there may be maximum utilization of such services in the  provision of medical assistance.The Illinois Department shall, not later than June 30, 1993, enter into  one or more co-operative arrangements with the Department of Mental Health  and Developmental Disabilities providing that the Department of Mental  Health and Developmental Disabilities will be responsible for administering  or supervising all programs for services to persons in community care  facilities for persons with developmental disabilities, including but not  limited to intermediate care facilities, that are supported by State funds or  by funding under Title XIX of the federal Social Security Act.  The  responsibilities of the Department of Mental Health and Developmental  Disabilities under these agreements are transferred to the Department of  Human Services as provided in the Department of Human Services Act.The Department may also contract with such State health and  rehabilitation agencies and other public or private health care and  rehabilitation organizations to act for it in supplying designated medical  services to persons eligible therefor under this Article. Any contracts  with health services or health maintenance organizations shall be  restricted to organizations which have been certified as being in  compliance with standards promulgated pursuant to the laws of this State  governing the establishment and operation of health services or health  maintenance organizations. The Department shall renegotiate the contracts with health maintenance organizations and managed care community  networks that took effect August 1, 2003, so as to produce $70,000,000 savings to the Department net of resulting increases to the fee-for-service program for State fiscal year 2006. The Department may also contract with insurance  companies or other corporate entities serving as fiscal intermediaries in  this State for the Federal Government in respect to Medicare payments under  Title XVIII of the Federal Social Security Act to act for the Department in  paying medical care suppliers.  The provisions of Section 9 of "An Act in  relation to State finance", approved June 10, 1919, as amended,  notwithstanding, such contracts with State agencies, other health care and  rehabilitation organizations, or fiscal intermediaries may provide for  advance payments.(b) For purposes of this subsection (b), "managed care community  network" means an entity, other than a health maintenance organization, that  is owned, operated, or governed by providers of health care services within  this State and that provides or arranges primary, secondary, and tertiary  managed health care services under contract with the Illinois Department  exclusively to persons participating in programs administered by the Illinois  Department.The Illinois Department may certify managed care community  networks, including managed care community networks owned, operated, managed,  or  governed by State-funded medical schools, as risk-bearing entities eligible to  contract with the Illinois Department as Medicaid managed care  organizations.  The Illinois Department may contract with those managed  care community networks to furnish health care services to or arrange those  services for individuals participating in programs administered by the Illinois  Department.  The rates for those provider-sponsored organizations may be  determined on a prepaid, capitated basis.   A managed care community  network may choose to contract with the Illinois Department to provide only  pediatric  health care services.  The  Illinois Department shall by rule adopt the criteria, standards, and procedures  by  which a managed care community network may be permitted to contract with  the Illinois Department and shall consult with the Department of Insurance in  adopting these rules.A county provider as defined in Section 15-1 of this Code may  contract with the Illinois Department to provide primary, secondary, or  tertiary managed health care services as a managed care  community network without the need to establish a separate entity and shall  be deemed a managed care community network for purposes of this Code  only to the extent it provides services to participating individuals.  A county  provider is entitled to contract with the Illinois Department with respect to  any contracting region located in whole or in part within the county.  A  county provider is not required to accept enrollees who do not reside within  the county.In order  to (i) accelerate and facilitate the development of integrated health care in  contracting areas outside counties with populations in excess of 3,000,000 and  counties adjacent to those counties and (ii) maintain and sustain the high  quality of education and residency programs coordinated and associated with  local area hospitals, the Illinois Department may develop and implement a  demonstration program from managed care community networks owned, operated,  managed, or  governed by State-funded medical schools.  The Illinois Department shall  prescribe by rule the criteria, standards, and procedures for effecting this  demonstration program.A managed care community network that  contracts with the Illinois Department to furnish health care services to or  arrange those services for enrollees participating in programs administered by  the Illinois Department shall do all of the following:(1) Provide that any provider affiliated with the     managed care community network may also provide services on a fee-for-service basis to Illinois Department clients not enrolled in such managed care entities.(2) Provide client education services as determined     and approved by the Illinois Department, including but not limited to (i) education regarding appropriate utilization of health care services in a managed care system, (ii) written disclosure of treatment policies and restrictions or limitations on health services, including, but not limited to, physical services, clinical laboratory tests, hospital and surgical procedures, prescription drugs and biologics, and radiological examinations, and (iii) written notice that the enrollee may receive from another provider those covered services that are not provided by the managed care community network.(3) Provide that enrollees within the system may     choose the site for provision of services and the panel of health care providers.(4) Not discriminate in enrollment or disenrollment     practices among recipients of medical services or enrollees based on health status.(5) Provide a quality assurance and utilization     review program that meets the requirements established by the Illinois Department in rules that incorporate those standards set forth in the Health Maintenance Organization Act.(6) Issue a managed care community network     identification card to each enrollee upon enrollment.  The card must contain all of the following:(A) The enrollee's health plan.(B) The name and telephone number of the         enrollee's primary care physician or the site for receiving primary care services.(C) A telephone number to be used to confirm         eligibility for benefits and authorization for services that is available 24 hours per day, 7 days per week.(7) Ensure that every primary care physician and     pharmacy in the managed care community network meets the standards established by the Illinois Department for accessibility and quality of care. The Illinois Department shall arrange for and oversee an evaluation of the standards established under this paragraph (7) and may recommend any necessary changes to these standards.(8) Provide a procedure for handling complaints that     meets the requirements established by the Illinois Department in rules that incorporate those standards set forth in the Health Maintenance Organization Act.(9) Maintain, retain, and make available to the     Illinois Department records, data, and information, in a uniform manner determined by the Illinois Department, sufficient for the Illinois Department to monitor utilization, accessibility, and quality of care.(10) (Blank).The Illinois Department shall contract with an entity or entities to provide  external peer-based quality assurance review for the managed health care  programs administered by the Illinois Department.  The entity shall meet all federal requirements for an external quality review organization.Each managed care community network must demonstrate its ability to  bear the financial risk of serving individuals under this program.  The Illinois Department shall by rule adopt standards for assessing the  solvency and financial soundness of each managed care community network.  Any solvency and financial standards adopted for managed care community  networks  shall be no more restrictive than the solvency and financial standards adopted  under  Section 1856(a) of the Social Security Act for provider-sponsored  organizations under Part C of Title XVIII of the Social Security Act.The Illinois  Department may implement the amendatory changes to this  Code made by this amendatory Act of 1998 through the use of emergency  rules in accordance with Section 5-45 of the Illinois Administrative Procedure  Act.  For purposes of that Act, the adoption of rules to implement these  changes is deemed an emergency and necessary for the public interest,  safety, and welfare.(c) Not later than June 30, 1996, the Illinois Department shall  enter into one or more cooperative arrangements with the Department of Public  Health for the purpose of developing a single survey for  nursing facilities, including but not limited to facilities funded under Title  XVIII or Title XIX of the federal Social Security Act or both, which shall be  administered and conducted solely by the Department of Public Health.  The Departments shall test the single survey process on a pilot basis, with  both the Departments of Public Aid and Public Health represented on the  consolidated survey team.  The pilot will sunset June 30, 1997.  After June 30,  1997, unless otherwise determined by the Governor, a single survey shall be  implemented by the Department of Public Health which would not preclude staff  from the Department of Healthcare and Family Services (formerly Department of Public Aid) from going on-site to nursing facilities to  perform necessary audits and reviews which shall not replicate the single State  agency survey required by this Act.  This Section shall not apply to community  or intermediate care facilities for persons with developmental disabilities.(d) Nothing in this Code in any way limits or otherwise impairs the  authority or power of the Illinois Department to enter into a negotiated  contract pursuant to this Section with a managed care community network or  a health maintenance organization, as defined in the Health Maintenance  Organization Act, that provides for  termination or nonrenewal of the contract without cause, upon notice as  provided in the contract, and without a hearing.  (Source: P.A. 95-331, eff. 8-21-07; 96-1501, eff. 1-25-11.)