Critics concerned seizure detection bill impacts Illinois' small businesses

(The Center Square) – Legislation that could make insurance companies cover seizure detection devices is advancing at the Illinois Statehouse.

The bill, sponsored by state Sen. Julie A. Morrison, D-Lake Forest, mandates health insurance plans in Illinois cover medically prescribed seizure detection devices, ensuring that individuals can access these devices without additional barriers like prior authorization or cost-sharing.

A number of seizure detection devices are FDA-cleared and alert caregivers to seizures in real-time, potentially reducing hospitalizations and saving lives of epileptic patients, according to the Danny Did Foundation, a non-profit in support of the bill.

Mary Duffy, the executive director of the foundation, told the Illinois Senate Committee this week that seizure detection devices are not routinely covered by insurance, despite their preventative nature.

While widely in support of the nature of the bill, opposition have raised concerns with specific aspects of the bill.

Representatives from the Illinois Life and Health Insurance Council and the National Federation of Independent Business testified to their concerns about increased costs for small businesses and an exemption of state employee health plans in the bill.

“Any one mandate probably doesn't add a significant portion to the cost of health insurance, but over time that adds up. And when there are significant concerns today around affordability of health care, health insurance is a reflection of the cost borne in the system,” said Laura Minzer, president of the Illinois Life and Health Insurance Council.

Minzer also said she had concerns with the bill’s removal of prior authorization, along with the groups that are excluded from the legislation.

“Certainly, it does raise eyebrows when one of the larger payers including the state group health has been exempted out for reasons of cost,” Minzer said.

Noah Finley, the Illinois state director for the National Federation of Independent Business, shared Minzer’s concerns, noting his organization did not take a position on the bill until it was amended to exclude certain health plans, such as for state, school and local government employees.

“This legislation specifically carves out the state and state employee health insurance plans. Our position is that if it's too expensive for the state to afford this coverage, then it's too expensive for Illinois small businesses,” Finley said.

Supporters, including Duffy, spoke in favor of the bill at Tuesday evening’s hearing.

Pediatric neurologist Dr. Rebecca Garcia-Sosa spoke to the variety of improvements the devices have provided her patients.

Citing medical research, she said the devices often cause a reduction in seizure-related injury, leading to a long-term cost benefit by limiting ER visits and hospitalizations due to injury.

“Although there's been compelling evidence that these seizure detection devices can help in so many ways. Unfortunately, they haven't been widely recommended by physicians because of the prohibitive cost for many individuals,” Garcia-Sosa said.

During questioning, Sen. Jason Plummer asked why the bill would make small business and private payers bear the brunt of the cost, while the state would be exempt.

“I'm trying to understand why. The part of our economy that's struck the most – if you look at employment numbers, if you look at economic activity, if you look at new new entity start-ups – our small and medium-sized business community is in really rough shape right now in Illinois,” Plummer said.

Morrison pushed back, saying it would be cost-saving in the long run for small businesses.

“They need those employees to show up, come to work, not be at the hospital with the kid, not be up all night, not be the patients themselves. I think there is a cost benefit,” Morrison said.

Plummer then questioned if the state shouldn’t then benefit from the savings as well.

“If we do pass this legislation, it will be at the height of hypocrisy,” Plummer said.

Committee members ultimately voted in favor of the bill 9-1, with Plummer being the only “nay” vote. Senate Bill 2762 will be brought to the floor for a second reading Thursday.