Illinois General Assembly - Full Text of HB1973
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Full Text of HB1973  97th General Assembly


Sen. M. Maggie Crotty

Filed: 5/10/2011





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2    AMENDMENT NO. ______. Amend House Bill 1973 by replacing
3everything after the enacting clause with the following:
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7    (Section scheduled to be repealed on January 1, 2017)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



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1compensation for concurrently rendering services to a patient
2and to divide the fee for such service, whether or not the
3worker is employed, provided that the patient has full
4knowledge of the division and the division is made in
5proportion to the actual services personally performed and
6responsibility assumed by each licensee consistent with his or
7her license, except as prohibited by law.
8    (c) Nothing contained in this Section prohibits a licensee
9under this Act from practicing optometry through or within any
10form of legal entity authorized to conduct business in this
11State or from pooling, sharing, dividing, or apportioning the
12professional fees and other revenues in accordance with the
13agreements and policies of the entity provided:
14        (1) each owner of the entity is licensed under this
15    Act;
16        (2) the entity is organized under the Professional
17    Services Corporation Act or , the Professional Association
18    Act, or the Limited Liability Company Act;
19        (3) the entity is (i) allowed by Illinois law to
20    provide optometric services or employ optometrists such as
21    a licensed hospital or hospital affiliate or (ii) a
22    licensed ambulatory surgical treatment center owned in
23    full or in part by Illinois-licensed physicians or
24    optometrists in accordance with Section 8 of this Act; or
25        (4) the entity is a combination or joint venture of the
26    entities authorized under this subsection (c).



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1    (d) Nothing contained in this Section prohibits a licensee
2under this Act from paying a fair market value fee to any
3person or entity whose purpose is to perform billing,
4administrative preparation, or collection services based upon
5a percentage of professional service fees billed or collected,
6a flat fee, or any other arrangement that directly or
7indirectly divides professional fees, for the administrative
8preparation of the licensee's claims or the collection of the
9licensee's charges for professional services, provided that:
10        (i) the licensee or the licensee's practice under
11    subsection (c) at all times controls the amount of fees
12    charged and collected; and
13        (ii) all charges collected are paid directly to the
14    licensee or the licensee's practice or are deposited
15    directly into an account in the name of and under the sole
16    control of the licensee or the licensee's practice or
17    deposited into a "Trust Account" by a licensed collection
18    agency in accordance with the requirements of Section 8(c)
19    of the Illinois Collection Agency Act.
20    (e) Nothing contained in this Section prohibits the
21granting of a security interest in the accounts receivable or
22fees of a licensee under this Act or the licensee's practice
23for bona fide advances made to the licensee or licensee's
24practice provided the licensee retains control and
25responsibility for the collection of the accounts receivable
26and fees.



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1    (f) Excluding payments that may be made to the owners of or
2licensees in the licensee's practice under subsection (c), a
3licensee under this Act may not divide, share or split a
4professional service fee with, or otherwise directly or
5indirectly pay a percentage of the licensee's professional
6service fees, revenues or profits to anyone for: (i) the
7marketing or management of the licensee's practice, (ii)
8including the licensee or the licensee's practice on any
9preferred provider list, (iii) allowing the licensee to
10participate in any network of health care providers, (iv)
11negotiating fees, charges or terms of service or payment on
12behalf of the licensee, or (v) including the licensee in a
13program whereby patients or beneficiaries are provided an
14incentive to use the services of the licensee.
15    (g) Nothing contained in this Section prohibits the payment
16of rent or other remunerations paid to an individual,
17partnership, or corporation by a licensee for the lease,
18rental, or use of space, owned or controlled by the individual,
19partnership, corporation, or association.
20    (h) Nothing contained in this Section prohibits the
21payment, at no more than fair market value, to an individual,
22partnership, or corporation by a licensee for the use of staff,
23administrative services, franchise agreements, marketing
24required by franchise agreements, or equipment owned or
25controlled by the individual, partnership, or corporation, or
26the receipt thereof by a licensee.



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1(Source: P.A. 96-608, eff. 8-24-09.)
2    Section 99. Effective date. This Act takes effect upon
3becoming law.".