State of Illinois
91st General Assembly
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Public Act 91-0756

SB1657 Enrolled                                LRB9110302MWgc

    AN ACT to amend the Illinois Health Finance Reform Act by
changing Sections 2-1, 4-1, 4-2, 4-3, and 4-5.

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

    Section 5.  The Illinois Health  Finance  Reform  Act  is
amended  by  changing Sections 2-1, 4-1, 4-2, 4-3, and 4-5 as
follows:

    (20 ILCS 2215/2-1) (from Ch. 111 1/2, par. 6502-1)
    Sec. 2-1.  Council Authorized.  There is  hereby  created
the  Illinois Health Care Cost Containment Council.  It shall
consist of 13 11 members appointed by the Governor  with  the
advice  and  consent of the Senate as follows: 5 3 members to
represent  providers  as  follows:  2  members  to  represent
Illinois hospitals at least one of  which  must  represent  a
small  rural  hospital,  2  members  to  represent physicians
licensed to practice medicine in  all  its  branches,  and  1
member  to represent ambulatory surgical treatment centers; 3
members  to  represent  consumers;  2  members  to  represent
insurance companies; and 3 members to represent businesses.
    The members of the Council shall be appointed for  3-year
three year terms.
    No more than 7 six members may be from the same political
party.
    Members  shall  be  appointed within 30 thirty days after
the effective date  of  this  Act.   The  additional  members
appointed  under  the  amendatory  Act  of  the  91st General
Assembly must be appointed within 30 days after the effective
date of this amendatory Act of the 91st General Assembly. The
members of the Council shall receive reimbursement  of  their
actual expenses incurred in connection with their service; in
addition,  each  member  shall receive compensation of $150 a
day for each day served at regular or special meetings of the
Council, except  that  such  compensation  shall  not  exceed
$20,000  in  any  one year for any member.  The Council shall
elect a Chairman from among its members, and shall  have  the
power  to  organize and appoint such other officers as it may
deem necessary.
    All appointments shall be made in writing and filed  with
the Secretary of State as a public record.
(Source: P.A. 83-1243.)

    (20 ILCS 2215/4-1) (from Ch. 111 1/2, par. 6504-1)
    Sec.  4-1.  Illinois Health Finance Data Collection.  The
General Assembly finds that accurate, comparable data on  the
costs of health care are not currently available in Illinois.
Therefore,  it  is extremely difficult to make careful policy
choices for future health care  cost  management  strategies.
Further,  neither  the  public  sector and nor private sector
purchasers  of  health  care  need  health  care   cost   and
utilization  have  available  data  to  enable  them  to make
informed choices among health care providers  in  the  market
place.   While  the  gathering  of  health care cost data has
been attempted on a voluntary basis in the past, the lack  of
a uniform system for the collection and analysis of data, and
the  lack  of  full participation by providers and payors has
led to inadequate and unusable data.  In order to remedy this
problem, The General Assembly finds it necessary to create  a
mandated  uniform  system  in  Illinois  for  the collection,
analysis,  and  distribution  of   health   care   cost   and
utilization data.
    The  purpose  of  this Article is to insure that data are
available  to  make  valid  comparisons  among  health   care
providers hospitals of prices and utilization of for services
provided  and  to support ongoing analysis of the health care
delivery system so that the Council can fulfill its mandate.
(Source: P.A. 83-1243.)

    (20 ILCS 2215/4-2) (from Ch. 111 1/2, par. 6504-2)
    Sec. 4-2.  Powers and duties.
    (a)  The Illinois Health Care  Cost  Containment  Council
may   enter   into   any   agreement  with  any  corporation,
association or other entity it deems appropriate to undertake
the process described in this Article for the compilation and
analysis of data collected by the Council and to  conduct  or
contract  for studies on health-related questions carried out
in pursuance of the purposes of this Article.  The  agreement
may  provide  for  the  corporation, association or entity to
prepare and distribute or make available data to health  care
providers,   health  care  subscribers,  third-party  payors,
government and the general public,  in  accordance  with  the
rules  of  confidentiality  and  review to be developed under
this Act.
    (b)  The input data collected by  and  furnished  to  the
Council  or  designated  corporation,  association  or entity
pursuant to this Section shall not be a public  record  under
the Illinois Freedom of Information Act.  It is the intent of
this  Act  and  of the regulations written pursuant to it  to
protect the confidentiality of individual patient information
and  the  proprietary  information  of  commercial  insurance
carriers and health care providers hospitals.  To  accomplish
this,  the data specified in subsection (c) shall be released
in  the  following  manner.   Total  gross   revenue,   total
deductions  from  gross  revenue  and gross inpatient revenue
shall be reported to the Council and released by the  Council
on a hospital specific basis.  The remaining data elements in
subsection  (c)  shall not be released on a hospital-specific
basis except as needed by  the  executive,  legislative,  and
judicial  branches of government for the performance of their
duties.  Data specified in  subsections  subsection  (e)  and
(e-5)  shall  be released on a hospital specific and licensed
ambulatory  surgical  treatment  center  specific  basis   to
facilitate   comparisons   among   hospitals   and   licensed
ambulatory surgical treatment centers by purchasers.
    (c)  The  Council shall require the Departments of Public
Health and Public Aid and hospitals located in the  State  to
assist  the Council in gathering and submitting the following
hospital-specific financial information, and the  Council  is
authorized to share this data with both Departments to reduce
the   burden   on   hospitals   by  avoiding  duplicate  data
collection:

OPERATING REVENUES
    (1)  Net patient service revenue
    (2)  Other revenue
    (3)  Total operating revenue

OPERATING EXPENSES
    (4)  Bad debt expense
    (5)  Total operating expenses

NON-OPERATING GAINS/LOSSES
    (6)  Total non-operating gains
    (7)  Total non-operating losses

PATIENT CARE REVENUES
    (8)  Gross inpatient revenue
    (9)  Gross outpatient revenue
    (10)  Other Patient care revenue
    (11)  Total patient revenue
    (12)  Total gross patient care revenue
    (13)  Medicare gross revenue
    (14)  Medicaid gross revenue
    (15)  Total other gross revenue

DEDUCTIONS FROM REVENUE
    (16)  Charity care
    (17)  Medicare allowance
    (18)  Medicaid allowance
    (19)  Other contractual allowances
    (20)  Other allowances
    (21)  Total Deductions

ASSETS
    (22)  Operating cash and short-term investments
    (23)  Estimated patient accounts receivable
    (24)  Other current assets
    (25)  Total current assets
    (26)  Total other assets
    (27)  Total Assets

LIABILITIES AND FUND BALANCES
    (28)  Total current liabilities
    (29)  Long Term Debt
    (30)  Other liabilities
    (31)  Total liabilities
    (32)  Total liabilities and fund balances
    In addition, each hospital shall annually submit  to  the
Council  a  duplicate  copy  of  the hospital's Medicaid Cost
Report at the same time that the hospital  submits  the  cost
report  to  the  Illinois  Department  of  Public Aid and any
settled cost report upon receipt by the hospital of a  notice
of amount of program reimbursement.
    On  and  after  the  effective  date  of  this  Act, such
information shall be annually submitted from each hospital in
the State of Illinois no later than 120 days after the  close
of  its fiscal year.  The information submitted in the report
shall be based upon audited financial statements and shall be
attested to by the Chief Executive Officer of each hospital.
    All financial data collected by the Council from publicly
available  sources  such  as  the  HCFA  Electronic  Medicare
Reports is releasable by the Council on a  hospital  specific
basis when appropriate.
    (d)  Uniform     Provider    Utilization    and    Charge
Information.  The Council shall require that:
         (1)  Hospitals licensed to operate in the  State  of
    Illinois  adopt  a  uniform system for submitting patient
    charges  for  payment  from  public  and  private  payors
    effective January 1, 1985.  This system  shall  be  based
    upon  adoption  of  the  uniform  hospital  billing  form
    (UB-92) (UB-82/HCFA-1450) or its successor form developed
    by the National Uniform Billing Committee.
         (2)  (Blank)  The  Illinois Department of Public Aid
    accept the uniform  billing  form  effective  October  1,
    1985.  In addition, the Illinois Department of Public Aid
    shall report the data listed in subsection  (e)  for  the
    period January 1, 1985 through October 1, 1985.
         (3)  The   Department   of   Insurance  require  all
    third-party  payors,  including  but  not   limited   to,
    licensed   insurers,   medical   and   hospital   service
    corporations,   health   maintenance  organizations,  and
    self-funded employee health plans, to accept the  uniform
    billing   form,   without   attachment  as  submitted  by
    hospitals pursuant to paragraph  (1)  of  subsection  (d)
    above,  effective  January  1,  1985;  provided, however,
    nothing shall prevent all such third  party  payors  from
    requesting  additional information necessary to determine
    eligibility for benefits or liability  for  reimbursement
    for services provided.
    (e)  The   Council,   in   cooperation   with  the  State
Departments of Public  Aid,  Insurance,  and  Public  Health,
shall  establish a system for the collection of the following
information from hospitals utilizing the raw  data  available
on  the  uniform  billing forms.  Such data shall include the
following  elements  and  other  elements  contained  on  the
uniform billing form or  its  successor  form  determined  as
necessary by the Council:
    (1)  Patient date of birth
    (2)  Patient sex
    (3)  Patient zip code
    (4)  Third-party coverage
    (5)  Date of admission
    (6)  Source of admission
    (7)  Type of admission
    (8)  Discharge date
    (9)  Principal and up to 8 four other diagnoses
    (10)  Principal procedure and date
    (11)  Patient status
    (12)  Other procedures and dates
    (13)  Total charges and components of those charges
    (14)  Attending  and  consulting physician identification
numbers number
    (15)  Hospital identification number
    (16)  An alphanumeric number based on the information  to
identify the payor
    (17)  Principal source of payment.
    (e-5)  The Council, in cooperation with the Department of
Public  Aid,  the Department of Insurance, and the Department
of Public Health, shall establish a system for the collection
of the following  information  for  each  outpatient  surgery
performed  at  hospitals  and  licensed  ambulatory  surgical
treatment  centers using the raw data available on outpatient
billing forms submitted by hospitals and licensed  ambulatory
surgical  treatment centers to payors.  The data must include
the following elements, if available on  the  billing  forms,
and  other  elements  contained on the billing forms that the
Council determines are necessary:
         (1)  patient date of birth;
         (2)  patient sex;
         (3)  patient zip code;
         (4)  third-party coverage;
         (5)  date of admission;
         (6)  source of admission;
         (7)  type of admission;
         (8)  discharge date;
         (9)  principal  diagnosis  and   up   to   8   other
    diagnoses;
         (10)  principal   procedure  and  the  date  of  the
    procedure;
         (11)  patient status;
         (12)  other  procedures  and  the  dates  of   those
    procedures;
         (13)  attending     and     consulting     physician
    identification numbers;
         (14)  hospital   or   licensed  ambulatory  surgical
    treatment center identification number;
         (15)  an   alphanumeric   number   based   on    the
    information needed to identify the payor; and
         (16)  principal source of payment.
    (f)  Extracts  of  the  UB-92  UB82 transactions shall be
prepared by hospitals according to regulations promulgated by
the Council and submitted in electronic magnetic tape  format
to  the  Council  or  the  corporation, association or entity
designated by the Council.
    For hospitals unable to  submit  extracts  in  electronic
magnetic   tape   format,  the  Council  shall  determine  an
alternate method for electronic  submission  of  data.   Such
extract  reporting  systems  shall  be  in  operation  before
January   1,  1987;  however,  the  Council  may  grant  time
extensions to individual hospital.
    (f-5)  Extracts of the billing forms shall be prepared by
licensed ambulatory surgical treatment centers  according  to
rules  adopted by the Council and submitted to the Council or
a corporation,  association,  or  entity  designated  by  the
Council.  Electronic  submissions  shall  be encouraged.  For
licensed ambulatory  surgical  treatment  centers  unable  to
submit  extracts  in  an  electronic  format the Council must
determine an alternate method for submission of data.
    (g)  Under no circumstances shall patient name and social
security number appear on the extracts.
    (h)  Hospitals and licensed ambulatory surgical treatment
centers shall be assigned a standard identification number by
the Council to be used in the submission of all data.
    (i)  The Council shall collect a  100%  inpatient  sample
from  hospitals  annually.  The  Council  shall  require each
hospital in the State to submit the UB-92 UB-82 data extracts
required in  subsection  (e)  to  the  Council,  except  that
hospitals  with  fewer  than  50  beds may be exempted by the
Council from the filing requirements if  they  prove  to  the
Council's  satisfaction  that  the  requirements would impose
undue economic hardship and if the  Council  determines  that
the  data submitted from these hospitals are not essential to
its data base and its concomitant health care cost comparison
efforts.
    (i-5)  The Council shall collect up to a 100%  outpatient
sample   annually  from  hospitals  and  licensed  ambulatory
surgical treatment centers.  The Council shall  require  each
hospital and licensed ambulatory surgical treatment center in
the   State  to  submit  the  data  extracts  required  under
subsection (e-5) to the Council, except  that  hospitals  and
licensed   ambulatory   surgical  treatment  centers  may  be
exempted by the Council from the filing requirements  if  the
hospitals  or  licensed ambulatory surgical treatment centers
prove to the Council's  satisfaction  that  the  requirements
would  impose  undue  economic  hardship  and  if the Council
determines that the data submitted from those  hospitals  and
licensed   ambulatory  surgical  treatment  centers  are  not
essential to  the  Council's  database  and  its  concomitant
health care comparison efforts.
    (i-10)  The  outpatient  data  shall  be collected by the
Council on a phase-in and trial basis for a  one-year  period
beginning  on  January  1, 2001.  The Council shall implement
outpatient data collection for reporting  purposes  beginning
on January 1, 2002.
    (j)  The information submitted to the Council pursuant to
subsections  subsection  (e)  and (e-5) shall be reported for
each primary payor category,  including  Medicare,  Medicaid,
other   government   programs,   private   insurance,  health
maintenance   organizations,   self-insured,   private    pay
patients,   and   others.   Preferred  provider  organization
reimbursement shall also be reported for each  primary  third
party payor category.
    (k)  The   Council   shall  require  and  the  designated
corporation, association  or  entity,  if  applicable,  shall
prepare  quarterly  basic  reports in the aggregate on health
care cost and utilization  costs  trends  in  Illinois.   The
Council  shall  provide  these  reports  to  the  public,  if
requested.   These  shall  include,  but  not  be limited to,
comparative  information  on  average  charges,   total   and
ancillary    charge     components,   length   of   stay   on
diagnosis-specific and procedure specific cases,  and  number
of discharges, compiled in aggregate by hospital and licensed
ambulatory  surgical  treatment  center, by diagnosis, and by
primary payor category.
    (l)  The  Council  shall,  from   information   submitted
pursuant  to  subsection (e), prepare an annual report in the
aggregate by hospital containing the following:
         (1)  the ratio of caesarean  section  deliveries  to
    total deliveries;
         (2)  the  average  length  of  stay for patients who
    undergo caesarean sections;
         (3)  the average total charges for patients who have
    normal deliveries without any significant complications;
         (4)  the average  total  charges  for  patients  who
    deliver by caesarean section.
The  Council  shall  provide  this  report  to the public, if
requested.
    (l-5)  (Blank) The Council, in cooperation with the State
Departments of Public  Aid,  Insurance,  and  Public  Health,
shall  establish  a  system  for the collection of outpatient
surgical data from hospitals and licensed ambulatory surgical
treatment  centers  utilizing  raw  data  available   on   an
outpatient  uniform billing form that conforms with pertinent
State and federal standards.  Under no circumstances shall  a
patient's  name  or  social  security  number  appear  on the
abstract  of  the  billing  form  provided  to  the  Council.
Beginning July 1, 1996, the Council is authorized to  collect
ambulatory  surgery  information  from hospitals and licensed
freestanding surgery centers by means of surveys.   No  later
than  January  1, 1997, the Council shall begin a pilot study
that includes the collection of some  hospital  and  licensed
freestanding  ambulatory  surgery  data  from the same health
care markets.  No later than July 1, 1997, the Council  shall
begin  a field test of the ambulatory surgery data collection
system with the collection of all defined outpatient  surgery
data  from  a  sample  of  licensed  freestanding  ambulatory
surgical  treatment  centers and the hospitals that serve the
same health care markets.  No later than January 1, 1998, the
Council shall begin to collect comments  from  providers  and
consumers  and  from  advisory  groups  regarding  the  field
testing of a system for the collection of outpatient surgical
data.   The  Council  shall  report  its findings, summary of
comments received, conclusions and recommendations  regarding
the  collection  of  outpatient  surgical  data no later than
March 1, 1998 to the General Assembly.
    The Council shall seek  authorization  from  the  General
Assembly  prior  to  beginning  the collection of all defined
outpatient  surgery  data  from  all  licensed   freestanding
ambulatory surgical treatment centers and hospitals.
    Beginning  July  1,  1996,  the  Council is authorized to
develop a process to use  existing  third  party  payers  and
other  voluntarily available existing databases, surveys, and
sampling  techniques  to   develop   cost   and   utilization
information on outpatient care primarily for areas other than
ambulatory surgery in Illinois.
    To  ensure  both equity and data integrity, no ambulatory
survey data shall be released other than  to  the  individual
hospitals   and  licensed  freestanding  ambulatory  surgical
treatment centers that provided the data until  the  data  is
being  required  from  all facilities in the same health care
market and the Council determines the collection  program  is
effective.
    (m)  Prior  to  the  release  or  dissemination  of these
reports, the Council  or  the  designated  corporation  shall
permit  providers  the  opportunity to verify the accuracy of
any information pertaining to the  provider.   The  providers
may  submit  to  the Council any corrections or errors in the
compilation of the data  with  any  supporting  evidence  and
documents   the   providers   may  submit.   The  Council  or
corporation shall correct data  found  to  be  in  error  and
include  additional  commentary  as requested by the provider
for major deviations in the charges from the average charges.
For purposes of this  subsection  (m),  "providers"  includes
physicians  licensed  to  practice  medicine  in  all  of its
branches.
    (n)  In addition to  the  reports  indicated  above,  the
Council  shall  respond to requests by agencies of government
and organizations in the private sector  for  data  products,
special  studies  and  analysis of data collected pursuant to
this Section.  Such reports shall be undertaken only  by  the
agreement  of  a  majority  of the members of the Council who
shall designate the form in which the  information  shall  be
made  available.  The Council or the corporation, association
or  entity  in  consultation  with  the  Council  shall  also
determine a fee to be charged to  the  requesting  agency  or
private  sector organization to cover the direct and indirect
costs for producing such a report, and shall permit  affected
providers  the  rights  to  review the accuracy of the report
before it is released.  Such reports  shall not be subject to
The Freedom of Information Act.
(Source: P.A. 88-535; 89-554, eff. 7-26-96.)

    (20 ILCS 2215/4-3) (from Ch. 111 1/2, par. 6504-3)
    Sec. 4-3.  Confidentiality.
    (a)  As  indicated  elsewhere  in  this  Act,  all  steps
necessary under State and  Federal  law  to  protect  patient
confidentiality shall be undertaken by the Council to prevent
the    identification    of   individual   patient   records.
Regulations are to be written to assure  the  confidentiality
of  patient records when gathering and submitting data to the
Council or designated corporation, association or entity.
    (b)  The information submitted to the Council, designated
corporation, association or entity by hospitals  pursuant  to
subsections  (c),  and (e), and (e-5) of Section 4-2 shall be
privileged and confidential, and shall not  be  disclosed  in
any manner.  The foregoing includes, but shall not be limited
to,  disclosure,  inspection  or copying under the Freedom of
Information Act, the State Records Act, and paragraph (1)  of
Section  404  of  the  Illinois Insurance Code.  However, the
prohibitions stated in this subsection shall not apply to the
compilations of information assembled by the Council pursuant
to subsections (k) and (m) of Section 4-2.
    (c)  Any  person  or  organization,  including  but   not
limited  to,  hospitals,  government  agencies, associations,
businesses, or researchers receiving data under an  agreement
with  the Council under the terms indicated in Section 6504-2
shall be required to adhere strictly  to  the  terms  of  the
agreement,   especially   the   terms  that  are  related  to
preserving patient confidentiality.  The use of Council  data
either  alone or in combination with data from another source
or sources to identify specific patients is prohibited unless
such identification is specifically  authorized  by  Illinois
Statute  and  agreed  to  in  writing  by  the  Council.   An
intentional  breach of patient confidentiality not authorized
by statute and  the  Council  shall  render  the  responsible
individual  or  organization  liable  to  the penalties under
Section 5-2.
(Source: P.A. 91-357, eff. 7-29-99.)

    (20 ILCS 2215/4-5) (from Ch. 111 1/2, par. 6504-5)
    Sec.   4-5.   Expenses.   The   Council   or   designated
corporation,  association  or  entity   shall   establish   a
procedure  by  which  it  will  pay  hospitals  and  licensed
ambulatory  surgical  treatment  centers  for submitting data
pursuant to subsections subsection (e) and (e-5)  of  Section
4-2.  Operating  expenses  of  the  Council or the designated
corporation, association or entity for such payments, for the
conversion  of  hard  copy  reports  to  tape,  and  for  the
compilation and analysis of basic reports shall be  paid  for
by  appropriation  of  the  General  Assembly.  Expenses  for
additional  reports  shall  be billed to those requesting the
reports.
(Source: P.A. 83-1243.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

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