State of Illinois
91st General Assembly
Public Acts

[ Home ]  [ ILCS ] [ Search ] [ Bottom ]
 [ Other General Assemblies ]

Public Act 91-0355

SB721 Enrolled                                 LRB9105743JSpc

    AN ACT concerning managed care dental benefit plans.

    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
Dental Care Patient Protection Act.

    Section 5. Purpose; dental care patient rights.
    (a)  The purpose of this Act is to provide  fairness  and
choice  to  dental  patients  and dentists under managed care
dental benefit plans.
    (b)  Dental care patients have the following rights:
         (1)  A patient has the right to care consistent with
    professional standards  of  practice  to  assure  quality
    dental   care,   to   choose  the  participating  dentist
    responsible for providing his or  her  care,  to  receive
    information  concerning his or her condition and proposed
    treatment,  to  refuse  any  treatment  to   the   extent
    permitted  by  law, and to privacy and confidentiality of
    records except as otherwise provided by law.
         (2)  A patient has the right, regardless  of  source
    of  payment,  to  examine  and  to  receive  a reasonable
    explanation  of  his  or  her  total  bill  for  services
    rendered by his  or  her  dentist.  A  dentist  shall  be
    responsible  only  for  a reasonable explanation of those
    specific dental care services provided by the dentist.
         (3)  A patient has the right to timely prior  notice
    of the termination in the event a plan cancels or refuses
    to  renew  an enrollee's participation in the plan except
    when the termination is for  non-payment  of  premium  or
    termination of the plan by the group.
         (4)  A   patient   has  the  right  to  privacy  and
    confidentiality. This right may be  expressly  waived  in
    writing by the patient or the patient's guardian.
         (5)  A  patient has the right to purchase any dental
    care services with that patient's own funds.

    Section 10.  Definitions. As used in this Act:
    "Dental care services" means  services  permitted  to  be
performed  by  a licensed dentist or any person working under
the dentist's supervision as permitted by law.
    "Dentist" means a person licensed to  practice  dentistry
in any state.
    "Department" means the Department of Insurance.
    "Director" means the Director of Insurance.
    "Emergency dental services" means the provision of dental
care  for  a sudden, acute dental condition that would lead a
prudent layperson, who  possesses  an  average  knowledge  of
dentistry, to reasonably expect the absence of immediate care
to  result  in  serious  impairment to the dentition or would
place the person's oral health in serious jeopardy.
    "Enrollee" means an individual and his or her  dependents
who are enrolled in a managed care dental plan.
    "Managed  care  dental  plan" or "plan" means a plan that
establishes, operates, or maintains  a  network  of  dentists
that  have  entered  into agreements with the plan to provide
dental care services to enrollees to whom the  plan  has  the
obligation  to  arrange  for  the provision of or payment for
services  through  organizational  arrangements  for  ongoing
quality assurance, utilization review  programs,  or  dispute
resolution.
    For  the purpose of this Act, "managed care dental plans"
do not  include  employee  or  employer  self-insured  dental
benefit plans under the federal ERISA Act of 1974.
    "Point-of-service  plan"  means  a  plan  or  plans  that
includes   both  in-plan  covered  services  and  out-of-plan
covered  services  as  well  as  managed  dental  care   plan
arrangements  in  which  the  risk  for  out-of-plan  covered
services   is  borne  through  reinsurance.   The  term  also
includes indemnity benefits that are underwritten in whole by
a licensed insurance carrier or a self-funded employer group.
For purposes of this Section,  "out-of-plan  services"  means
those  services  which are obtained from providers who do not
have a contract, or any other arrangements,  with  a  managed
care dental plan or services obtained without a referral from
providers  who  have  contracted  to  provide services to the
enrollees on behalf of the managed care dental plan.
    "Primary care provider (dentist)" means a dentist, having
an arrangement with a managed care dental plan,  selected  by
an  enrollee  or assigned to an enrollee by a plan to provide
dental care services under a managed care dental plan.
    "Prospective enrollee" means an individual  eligible  for
enrollment  in  a  managed  care  dental plan offered by that
individual's employer.
    "Provider" means either a general dentist  or  a  dentist
who is a licensed specialist.

    Section  15.  Rules.  The  Department may promulgate such
rules as it deems reasonably necessary to implement the terms
of this Act.  The  Department  shall  establish  an  advisory
committee   made   up  of  representatives  from  the  dental
profession to provide clinical  advice  and  counsel  to  the
Department  regarding  dental managed care issues for which a
dentist's professional training is relevant in the course  of
administering  this  Act.   The  advisory  committee shall be
comprised of  dentists  licensed  to  practice  in  Illinois,
appointed  by  the Director as follows: 2 dental directors or
their dentist designee from managed care dental  plans  which
are  subject  to this Act, 2 general dentists, and the dental
director of the Illinois Department  of  Public  Health.  The
advisory committee shall meet as reasonably determined by the
Director.   Nothing  in  this  Section  shall  be  deemed  as
authorizing  or  permitting  the  Department  to delegate any
authority to enforce  the  provisions  of  this  Act  to  the
advisory  committee  and  any  such  delegation  is expressly
prohibited hereunder.

    Section 25.  Provision of information.
    (a)  A  managed  care  dental  plan  shall  provide  upon
request  to   prospective   enrollees   a   written   summary
description of all of the following terms of coverage:
         (1)  Information  about  the  dental plan, including
    how the plan operates and what general types of financial
    arrangements exist between dentists and the plan. Nothing
    in this Section shall require disclosure of any  specific
    financial arrangements between providers and the plan.
         (2)  The service area.
         (3)  Covered benefits, exclusions, or limitations.
         (4)  Pre-certification  requirements  including  any
    requirements  for referrals made by primary care dentists
    to specialists, and other preauthorization requirements.
         (5)  A list of participating primary  care  dentists
    in  the  plan's  service area, including provider address
    and phone number, for an enrollee to evaluate the managed
    care dental plan's network access, as  well  as  a  phone
    number  by  which  the  prospective  enrollee  may obtain
    additional information  regarding  the  provider  network
    including  participating specialists.  However, a managed
    care  dental   plan   offering   a   preferred   provider
    organization  ("PPO")  product  that does not require the
    enrollee to select a primary care dentist shall  only  be
    required  to  make  available for inspection to enrollees
    and  prospective  enrollees  a  list   of   participating
    dentists in the plan's service area.
         (6)  Emergency coverage and benefits.
         (7)  Out-of-area coverages and benefits, if any.
         (8)  The  process  about  how participating dentists
    are selected.
         (9)  The grievance process, including the  telephone
    number   to   call   to  receive  information  concerning
    grievance procedures.
    An  enrollee  shall  be  provided  with  an  evidence  of
coverage  as  required  under  the  Illinois  Insurance  Code
provisions applicable to the managed care dental plan.
    (b)  An enrollee or prospective enrollee has the right to
the most current financial statement  filed  by  the  managed
care  dental  plan by contacting the Department of Insurance.
The Department may charge a reasonable fee for providing such
information.
    (c)  The managed care dental plan shall  provide  to  the
Department,  on  an annual basis, a list of all participating
dentists. Nothing in this Section shall require a  particular
ratio for any type of provider.
    (d)  If  the  managed  care dental plan uses a capitation
method  of  compensation  to  its  primary   care   providers
(dentists),  the  plan  must  establish and follow procedures
that ensure that:
         (1)  the plan application form includes a  space  in
    which  each  enrollee  selects  a  primary  care provider
    (dentist);
         (2)  if an enrollee who fails to  select  a  primary
    care  provider  (dentist)  is  assigned  a  primary  care
    provider (dentist), the enrollee shall be notified of the
    name   and   location   of  that  primary  care  provider
    (dentist); and
         (3)  primary care  provider  (dentist)  to  whom  an
    enrollee is assigned, pursuant to item (2), is physically
    located   within   a   reasonable   travel  distance,  as
    established by rule adopted by  the  Director,  from  the
    residence or place of employment of the enrollee.
    (e)  Nothing  in  this  Act  shall be deemed to require a
plan to  assign  an  enrollee  to  a  primary  care  provider
(dentist).

    Section  35.  Credentialing; utilization review; provider
input.
    (a)  Participating dentists shall be given an opportunity
to comment on the plan's policies affecting their services to
include the plan's dental policy, including coverage of a new
technology and procedures, utilization  review  criteria  and
procedures,  quality  and  credentialing criteria, and dental
management procedures provided, however, a plan shall not  be
required   to   release   any   information  which  it  deems
confidential or proprietary.
    (b)  Upon  request,  managed  care  dental  plans   shall
disclose  to  prospective  purchasers  the  process about how
participating dentists are selected for the plan.
    (c)  A dentist under consideration  for  inclusion  in  a
managed care dental plan that requires the enrollee to select
a  primary  care  provider  (dentist) shall be subject to the
managed care dental plan's credentialing policy, which  shall
be overseen by the dental director of the managed care dental
plan.
    (d)  Credentialing  of dentists who will participate in a
managed care dental  plan  that  requires  its  enrollees  to
select  a  primary  care provider (dentist) shall be based on
identified guidelines that have been adopted by the plan. The
managed  care  dental  plan  shall  make  the   credentialing
guidelines available to applicants, upon request.
    (e)  A  managed  care  dental  plan  shall  have a dental
director who is a licensed dentist. The dental director shall
ultimately be responsible for the benefit coverage  decisions
made  by  the plan which require professional dental training
and clinical judgement. Decisions made by the  plan  to  deny
coverage  for  a  procedure,  based  primarily  upon clinical
judgment, or that a  payment  for  an  alternative  procedure
should be considered must be made by the dental director or a
licensed  dentist  acting under the supervision of the dental
director.  Nothing  in  this  Section  prohibits  a   benefit
coverage   decision   that   does  not  require  a  dentist's
professional judgment from being denied without  a  dentist's
involvement.
    A  provider advocating on behalf of a patient who has had
a claim denied, the  basis  of  which  requires  professional
dental  training  and judgment, or was offered an alternative
benefit for payment by the plan has an opportunity to  appeal
to  the  dental  director  by submitting a written appeal and
providing information that is reasonably needed  to  consider
the  appeal. The dental director or a licensed dentist acting
under the supervision of the dental director shall respond to
the provider's appeal. Enrollees  shall  be  afforded  appeal
rights  as specified in the benefits contract or as otherwise
provided by law.
    (h)  A  managed  care  dental  plan  may  not  exclude  a
provider solely because of the anticipated characteristics of
the patients of that provider.
    (i)  Before terminating a contract with  a  provider  for
cause,   the managed care dental plan shall provide a written
explanation of the reasons  for  termination.   The  provider
shall  be given an opportunity for discussion with the dental
director or his dentist designee. If a  managed  care  dental
plan  conducts  or  uses utilization profiling as the primary
basis for terminating the provider contract  for  cause,  the
managed care dental plan shall make available the utilization
data relevant to that provider in advance of the termination.
    (j)  A  communication  relating  to  the  subject  matter
provided  for under subsection (a) or (i) of this Section may
not be the basis for a cause of action for libel or  slander,
except  for  disclosures or communications with parties other
than the plan or provider.
    (k)  The  managed  care  dental  plan   shall   establish
reasonable  procedures for assuring a transition of enrollees
of the plan to new providers.
    (l)  This Act does not prohibit  a  managed  care  dental
plan  from  rejecting an application from a provider based on
the  plan's  determination  that  the  plan  has   sufficient
qualified providers or if the plan reasonably determines that
inclusion  of the provider is not in the best interest of the
managed care dental plan and its enrollees.  Nothing in  this
Act  shall  be  construed  as requiring a managed care dental
plan to contract with a dentist who has  not  agreed  to  the
terms of participation as specified by the plan.
    (m)  No contractual provision shall in any way prohibit a
dentist  from  discussing  all clinical options for treatment
with a patient.
    (n)  A managed care dental  plan  shall  submit  for  the
Director's  approval,  and  thereafter maintain, a system for
the resolution of  grievances  concerning  the  provision  of
dental care services or other matters concerning operation of
the managed care dental plan.

    Section  40.  Coverage;  prior  authorization.  A managed
care dental plan shall:
         (1)  cover palliative treatment for emergency dental
    services, as included in  its  certificate  of  coverage,
    without  regard  to  whether  the provider furnishing the
    services has a contractual or other arrangement with  the
    entity   to   provide   items   or  services  to  covered
    individuals,  provided  that  the  enrollee  has  made  a
    reasonable attempt to first obtain  service  through  the
    appropriate primary care dentist; and
         (2)  if  an  enrollee  suffers  trauma to the mouth,
    teeth or oral cavity that results in a need for emergency
    dental  services,  as  included  in  the  certificate  of
    coverage,   provide   that   the   prior    authorization
    requirement for emergency dental is waived.
    Nothing  in  this  Section  shall  be deemed as requiring
managed care dental plans to provide coverage  for  emergency
dental  services  in  excess of that required in the Illinois
Insurance Code.

    Section 45.  Prior authorization; consent forms.  A  plan
for which prior authorization is a condition to coverage of a
service  must clearly disclose this provision in the evidence
of coverage.

    Section 50.  Point-of-service plans.
    (a)  If an employer who has  25  or  more  employees  and
contributes  25%  or  more  to the cost of the dental benefit
plan coverage to employees and the only dental plan  coverage
being  offered  requires  enrollees  to select a primary care
provider (dentist) and has no  out-of-plan  covered  services
option,  the managed care dental plan with which the employer
is  contracting  for  the  coverage  shall  offer  a   dental
point-of-service ("POS") option to the employee.
    (b)  An  employer may require an employee who accepts the
POS option to be responsible for the  payment  of  a  premium
over  the  amount of the premium for the coverage provided to
employees  under  the  dental  benefit  plan  offered   which
requires   enrollees   to  select  a  primary  care  provider
(dentist) and has no  out-of-plan  covered  services  option.
The  enrollee  may pay any additional premium either directly
or by payroll deduction in the same manner in which the other
premium is paid.  The premium for the POS option shall be  as
established  by  the  managed  care  dental  plan  using  its
underwriting  guidelines for establishing rates to be charged
for products which it offers.
    (c)  Different cost-sharing provisions may be imposed for
the POS option.
    (d)  An employer may charge an employee who  accepts  the
POS   option   a  reasonable  administrative  fee  for  costs
associated with the employer's reasonable  administration  of
the POS option.
    (e)  The  POS  option  to  be  offered  pursuant  to this
Section may be satisfied by the plan by allowing  prospective
enrollees  to  elect  the  POS  option  during the employer's
enrollment period, and remaining in the POS option until  the
next  open  enrollment  period, or any other basis reasonably
determined by the plan to satisfy the  requirements  of  this
Section.
    (f)  A  managed  care dental plan required to offer a POS
option pursuant to this Act shall be subject to  those  rules
for POS products as set by the Department.

    Section  55.  Private cause of action; existing remedies.
This Act and rules adopted under this Act do not:
         (1)  provide a private cause of action  for  damages
    or  create  a  standard of care, obligation, or duty that
    provides a basis  for  a  private  cause  of  action  for
    damages; or
         (2)  abrogate  a  statutory  or  common law cause of
    action,  administrative  remedy,  or  defense   otherwise
    available  and existing before the effective date of this
    Act.

    Section 60.  Record of complaints.
    (a)  The Department shall maintain records concerning the
complaints filed against the plan with the  Department.   The
Department  shall  make  a  summary  of  all  data  collected
available  upon  request and publish the summary on the World
Wide Web.
    (b)  The Department shall maintain records on the  number
of complaints filed against each plan.
    (c)  The  Department  shall  maintain records classifying
each complaint by whether the complaint was filed by:
         (1)  a consumer or enrollee;
         (2) a provider; or
         (3) any other individual.
    (e)  The Department shall  maintain  records  classifying
each complaint according to the nature of the complaint as it
pertains  to  a specific function of the plan. The complaints
shall be classified under the following categories:
         (1)  denial of care or treatment;
         (2)  denial of a diagnostic procedure;
         (3)  denial of a referral request;
         (4)  sufficient   choice   and   accessibility    of
    dentists;
         (5)  underwriting;
         (6)  marketing and sales;
         (7)  claims and utilization review;
         (8)  member services;
         (9)  provider relations; and
         (10)  miscellaneous.
    (f)  The  Department  shall  maintain records classifying
the disposition of each complaint.  The  disposition  of  the
complaint  shall  be  classified  in  one  of  the  following
categories:
         (1)  complaint  referred  to the plan and no further
    action necessary by the Department;
         (2)  no corrective action deemed  necessary  by  the
    Department; or
         (3)  corrective action taken by the Department.
    (g)  No  Department publication or release of information
shall  identify  any   enrollee,   dentist,   or   individual
complainant.

    Section  65.  Administration  of  Act.  The  Director may
adopt  rules  necessary   to   implement   the   Department's
responsibility  under this Act.  To enforce the provisions of
this Act, the director may issue a cease and desist order  or
require  a  managed  care  dental  plan  to  submit a plan of
correction for violations of this Act, or  both.  Subject  to
the  provisions of the Illinois Administrative Procedure Act,
the Director may impose an administrative fine, not to exceed
$1,000, for failure to submit a requested plan of correction,
failure to comply with its plan of  correction,  or  repeated
violations  of  the  Act.   All final decisions regarding the
imposition of a fine shall be subject  to  review  under  the
Illinois Administrative Review Law.

    Section   70.  Retaliation  prohibited.  A  managed  care
dental plan may not take any retaliatory  actions,  including
cancellation  or  refusal  to  renew  a  policy,  against  an
employer  or enrollee solely because the employer or enrollee
has filed complaints with the plan or appealed a decision  of
the plan.

    Section 75.  Application of other law.
    (a)  All  provisions of this Act and other applicable law
that are not in conflict with this Act shall apply to managed
care dental plans and other persons subject to this Act.
    (b)  Solicitation of enrollees by a managed  care  entity
granted  a  certificate  of  authority or its representatives
shall not be  construed  to  violate  any  provision  of  law
relating   to   solicitation   or   advertising   by   health
professionals.
    Section  80.  Limitations  on indemnification provisions.
No contract between a managed care dental plan and a provider
may require that the  provider  indemnify  the  managed  care
dental  plan  for  the Plan's, or its officers, employees, or
agents,  negligence,  willful  misconduct,   or   breach   of
contract,  if  any, provided nothing herein shall relieve the
provider for such obligations that have been delegated to the
provider pursuant to written agreement.   The  delegation  of
functions  agreed  to between the plan and the provider shall
be identified in the written agreement.

    Section 85.  Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.

[ Top ]