HB1973 EnrolledLRB097 09421 CEL 49556 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Optometric Practice Act of 1987 is
5amended by changing Section 24.2 as follows:
 
6    (225 ILCS 80/24.2)
7    (Section scheduled to be repealed on January 1, 2017)
8    Sec. 24.2. Prohibition against fee splitting.
9    (a) A licensee under this Act may not directly or
10indirectly divide, share or split any professional fee or other
11form of compensation for professional services with anyone in
12exchange for a referral or otherwise, other than as provided in
13this Section 24.2.
14    (b) Nothing contained in this Section abrogates the right
15of 2 or more licensed health care workers as defined in the
16Health Care Worker Self-referral Act to each receive adequate
17compensation for concurrently rendering services to a patient
18and to divide the fee for such service, whether or not the
19worker is employed, provided that the patient has full
20knowledge of the division and the division is made in
21proportion to the actual services personally performed and
22responsibility assumed by each licensee consistent with his or
23her license, except as prohibited by law.

 

 

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1    (c) Nothing contained in this Section prohibits a licensee
2under this Act from practicing optometry through or within any
3form of legal entity authorized to conduct business in this
4State or from pooling, sharing, dividing, or apportioning the
5professional fees and other revenues in accordance with the
6agreements and policies of the entity provided:
7        (1) each owner of the entity is licensed under this
8    Act;
9        (2) the entity is organized under the Professional
10    Services Corporation Act or , the Professional Association
11    Act, or the Limited Liability Company Act;
12        (3) the entity is (i) allowed by Illinois law to
13    provide optometric services or employ optometrists such as
14    a licensed hospital or hospital affiliate or (ii) a
15    licensed ambulatory surgical treatment center owned in
16    full or in part by Illinois-licensed physicians or
17    optometrists in accordance with Section 8 of this Act; or
18        (4) the entity is a combination or joint venture of the
19    entities authorized under this subsection (c).
20    (d) Nothing contained in this Section prohibits a licensee
21under this Act from paying a fair market value fee to any
22person or entity whose purpose is to perform billing,
23administrative preparation, or collection services based upon
24a percentage of professional service fees billed or collected,
25a flat fee, or any other arrangement that directly or
26indirectly divides professional fees, for the administrative

 

 

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1preparation of the licensee's claims or the collection of the
2licensee's charges for professional services, provided that:
3        (i) the licensee or the licensee's practice under
4    subsection (c) at all times controls the amount of fees
5    charged and collected; and
6        (ii) all charges collected are paid directly to the
7    licensee or the licensee's practice or are deposited
8    directly into an account in the name of and under the sole
9    control of the licensee or the licensee's practice or
10    deposited into a "Trust Account" by a licensed collection
11    agency in accordance with the requirements of Section 8(c)
12    of the Illinois Collection Agency Act.
13    (e) Nothing contained in this Section prohibits the
14granting of a security interest in the accounts receivable or
15fees of a licensee under this Act or the licensee's practice
16for bona fide advances made to the licensee or licensee's
17practice provided the licensee retains control and
18responsibility for the collection of the accounts receivable
19and fees.
20    (f) Excluding payments that may be made to the owners of or
21licensees in the licensee's practice under subsection (c), a
22licensee under this Act may not divide, share or split a
23professional service fee with, or otherwise directly or
24indirectly pay a percentage of the licensee's professional
25service fees, revenues or profits to anyone for: (i) the
26marketing or management of the licensee's practice, (ii)

 

 

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1including the licensee or the licensee's practice on any
2preferred provider list, (iii) allowing the licensee to
3participate in any network of health care providers, (iv)
4negotiating fees, charges or terms of service or payment on
5behalf of the licensee, or (v) including the licensee in a
6program whereby patients or beneficiaries are provided an
7incentive to use the services of the licensee.
8    (g) Nothing contained in this Section prohibits the payment
9of rent or other remunerations paid to an individual,
10partnership, or corporation by a licensee for the lease,
11rental, or use of space, owned or controlled by the individual,
12partnership, corporation, or association.
13    (h) Nothing contained in this Section prohibits the
14payment, at no more than fair market value, to an individual,
15partnership, or corporation by a licensee for the use of staff,
16administrative services, franchise agreements, marketing
17required by franchise agreements, or equipment owned or
18controlled by the individual, partnership, or corporation, or
19the receipt thereof by a licensee.
20(Source: P.A. 96-608, eff. 8-24-09.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.