Public Act 0708 98TH GENERAL ASSEMBLY

HB2544 Enrolled LRB098 08629 DRJ 38748 b

Public Act 098-0708

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Accountable Care Organization Clinical Laboratory Testing Advisory Board Act.

Section 5. Definitions. In this Act:

"Advisory board" means a clinical laboratory testing advisory board established under this Act.

"Clinical laboratory testing" means any test or analysis performed in a clinical laboratory as defined in Section 2-103 of the Illinois Clinical Laboratory and Blood Bank Act or that is otherwise subject to Section 353 of the Public Health Service Act (42 U.S.C. 263a).

Section 10. Advisory board required. Every accountable care organization providing diagnosis and treatment for patients in this State must establish an advisory board to consider and recommend guidelines or protocols for clinical laboratory testing.

Section 15. Advisory board membership. Every advisory board established under this Act must include in its membership at least one physician who:

(1) is legally affiliated with the accountable care organization; and

(2) is a medical director, as defined in Section 2-104 of the Illinois Clinical Laboratory and Blood Bank Act, of a clinical laboratory that is providing services for the accountable care organization or a pathologist designated by such a medical director.

Section 20. Advisory board functions.

(a) An advisory board may make recommendations to the accountable care organization's governing board for the adoption of guidelines or protocols for (i) clinical laboratory testing used for diagnostic purposes or disease management and (ii) pathologist consultation on episodes of care.

(b) An advisory board may recommend guidelines or protocols for clinical laboratory testing to ensure appropriate use of such testing.

Section 25. Adoption of advisory board recommendations. Notwithstanding the requirement of this Act to establish a clinical laboratory testing advisory board, nothing contained in this Act shall be construed to require an accountable care organization's governing board to adopt a clinical laboratory testing guideline or protocol recommended by the accountable care organization's advisory board.

Section 30. Application of Act. Nothing in this Act applies to an accountable care organization owned or operated by or affiliated with any of the following:

(1) The Cook County Health and Hospitals System.

(2) The University of Illinois.

(3) A hospital licensed under the Hospital Licensing Act.

(4) A hospital affiliate as defined in the Hospital Licensing Act.

Section 99. Effective date. This Act takes effect January 1, 2015.

Effective Date: 1/1/2015