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Synopsis As Introduced Creates the Hospital Fair Billing and Collection Practices Act. Requires a hospital's governing body to adopt policies: (i) prohibiting abusive, harassing, oppressive, false, deceptive, or misleading language or collection conduct by any collection agency or attorney retained by the hospital for the collection of medical debt, any agent or employee of a collection agency or attorney, or any hospital employee who participates in the collection of medical debt from patients; (ii) establishing the procedures to be utilized by every collection agency retained by the hospital for the collection of medical debt; (iii) establishing the procedures to be utilized by the hospital's employees who participate in the collection of debt; and (iv) establishing procedures for ensuring the timely and accurate submission of claims to third party payors. Prohibits a hospital from selling any debt owed to it by a patient for medical or hospital services, except to a collection agency. Establishes required billing practices for a hospital. Requires a hospital to enter into a written contract with any collection agency or attorney that it retains to collect medical debts from patients and outlines the contract requirements. Provides for civil penalties and injunctive relief. Preempts home rule. Creates the Hospital Fair Billing and Collection Practices Act Enforcement Fund. Provides that the monies in the Fund shall be used by the Attorney General for the enforcement of the Act. Amends the State Finance Act to create the Hospital Fair Billing and Collection Practices Act Enforcement Fund. Amends the University of Illinois Hospital Act to make the collection of hospital service charges by the University subject to the Hospital Fair Billing and Collection Practices Act. Amends the Hospital Licensing Act. Provides that the Director may deny, suspend, or revoke a hospital's license for failure to comply with the provisions of the Hospital Fair Billing and Collection Practices Act. Effective January 1, 2007.
Judicial Note (Administrative Office of the Illinois Courts)
Would neither increase nor decrease the number of judges needed in the state.
Pension Note (Commission on Gov't Forecasting and Accountability)
HB 4999 would not impact any public pension fund or retirement system in Illinois.
State Mandates Fiscal Note (Department of Commerce and Economic Opportunity)
In the opinion of the Department of Commerce and Economic Opportunity, HB 4999 creates a local government organization and structure mandate for which reimbursement of the increased costs to units of local government is not required under the State Mandates Act.
Home Rule Note (Department of Commerce and Economic Opportunity)
In the opinion of the Department of Commerce and Economic Opportunity, HB 4999 pre-empts home rule authority.
Fiscal Note (Office of the Attorney General)
Will increase the operating costs of the Office of the Attorney General, but at the current time there are no estimates of the total fiscal impact. However, the legislation contains provisions to create a dedicated fund, subject to appropriation, to offset the costs of administration and enforcement of the Act.
Replaces everything after the enacting clause. Creates the Fair Patient Billing Act. Requires hospitals to post the specified sign giving patients notice that they may be eligible for financial assistance and the contact information for the hospital financial assistance representative. Lists information that must be contained in any bill a hospital sends a patient for health care services. Establishes a billing inquiry process that hospitals must implement. Provides conditions that must be met before a hospital may pursue a collection action against a patient. Lists patient responsibilities that must be done for a patient to receive the protection and benefits of the Act. Provides for notification that must be given to insured patients concerning out-of-network providers. Provides for enforcement of the Act and civil penalties. Makes other changes. Effective January 1, 2007.
Home Rule Note (H-AM 3)(Dept of Commerce and Economic Opportunity)
In the opinion of the Department of Commerce and Economic Opportunity, HB 4999 (H-AM 3) pre-empts home rule authority.
State Mandates Fiscal Note (H-AM 3)(Dept of Commerce and Economic Opportunity)
In the opinion of the Department of Commerce and Economic Opportunity, House Bill 4999 (H-AM 3) creates a service mandate for which reimbursement of 50%-100% of the increased costs to units of local government is required under the State Mandates Act.
Judicial Note (H-AM 3) (Admin. Office of the Illinois Courts)
Would neither increase nor decrease the number of judges needed in the state.
Fiscal Note (H-AM 3) (Office of the Attorney General)
No fiscal impact.
Pension Note (H-AM 3) (Com. on Gov. Forecasting & Accountability)
Would not impact any public pension fund or retirement system in Illinois.
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