Illinois General Assembly - Full Text of HB3803
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Full Text of HB3803  102nd General Assembly

HB3803 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3803

 

Introduced 2/22/2021, by Rep. Dagmara Avelar

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 88/30

    Amends the Fair Patient Billing Act. Requires a hospital to proactively offer information on charity care options available to patients, regardless of their immigration status, health insurance, or residency, and to obtain the signature of a patient declining charity care if the patient does not intend to access financial assistance. Effective July 1, 2021.


LRB102 14417 CPF 19769 b

 

 

A BILL FOR

 

HB3803LRB102 14417 CPF 19769 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Fair Patient Billing Act is amended by
5changing Section 30 as follows:
 
6    (210 ILCS 88/30)
7    Sec. 30. Pursuing collection action.
8    (a) Hospitals and their agents may pursue collection
9action against an uninsured patient only if the following
10conditions are met:
11        (1) The hospital has given the uninsured patient the
12    opportunity to:
13            (A) assess the accuracy of the bill;
14            (B) apply for financial assistance under the
15        hospital's financial assistance policy; and
16            (C) avail themselves of a reasonable payment plan.
17        (2) If the uninsured patient has indicated an
18    inability to pay the full amount of the debt in one
19    payment, the hospital has offered the patient a reasonable
20    payment plan. The hospital may require the uninsured
21    patient to provide reasonable verification of his or her
22    inability to pay the full amount of the debt in one
23    payment.

 

 

HB3803- 2 -LRB102 14417 CPF 19769 b

1        (3) To the extent the hospital provides financial
2    assistance and the circumstances of the uninsured patient
3    suggest the potential for eligibility for charity care,
4    the uninsured patient has been given at least 60 days
5    following the date of discharge or receipt of outpatient
6    care to submit an application for financial assistance.
7        (4) If the uninsured patient has agreed to a
8    reasonable payment plan with the hospital, and the patient
9    has failed to make payments in accordance with that
10    reasonable payment plan.
11        (5) If the uninsured patient informs the hospital that
12    he or she has applied for health care coverage under
13    Medicaid, Kidcare, or other government-sponsored health
14    care program (and there is a reasonable basis to believe
15    that the patient will qualify for such program) but the
16    patient's application is denied.
17    (a-5) A hospital shall proactively offer information on
18charity care options available to patients, regardless of
19their immigration status, health insurance, or residency. The
20hospital is required to obtain the signature of a patient
21declining charity care if the patient does not intend to
22access financial assistance.
23    (b) A hospital may not refer a bill, or portion thereof, to
24a collection agency or attorney for collection action against
25the insured patient, without first offering the patient the
26opportunity to request a reasonable payment plan for the

 

 

HB3803- 3 -LRB102 14417 CPF 19769 b

1amount personally owed by the patient. Such an opportunity
2shall be made available for the 30 days following the date of
3the initial bill. If the insured patient requests a reasonable
4payment plan, but fails to agree to a plan within 30 days of
5the request, the hospital may proceed with collection action
6against the patient.
7    (c) No collection agency, law firm, or individual may
8initiate legal action for non-payment of a hospital bill
9against a patient without the written approval of an
10authorized hospital employee who reasonably believes that the
11conditions for pursuing collection action under this Section
12have been met.
13    (d) Nothing in this Section prohibits a hospital from
14engaging an outside third party agency, firm, or individual to
15manage the process of implementing the hospital's financial
16assistance and reasonable payment plan programs and policies
17so long as such agency, firm, or individual is contractually
18bound to comply with the terms of this Act.
19(Source: P.A. 94-885, eff. 1-1-07.)
 
20    Section 99. Effective date. This Act takes effect July 1,
212021.