Full Text of SB1762 103rd General Assembly
SB1762 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB1762 Introduced 2/9/2023, by Sen. Ann Gillespie SYNOPSIS AS INTRODUCED: |
| 215 ILCS 5/356z.3 | | 215 ILCS 5/356z.3a | |
215 ILCS 125/4.5-1 |
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Amends the Illinois Insurance Code. In provisions concerning required disclosures on contracts and evidences of coverage of accident and health insurance, provides that insurers must notify beneficiaries that nonparticipating providers may bill members for any amount up to the billed charge after the plan has paid its portion of the bill, except for specified services, including items or services provided to a Medicare beneficiary, insured, or enrollee. Provides that a health care provider shall not charge or collect from a Medicare beneficiary, insured, or enrollee any amount in excess of the Medicare-approved amount for any Medicare-covered item or service provided, and provides that the Department of Insurance has the authority to enforce that requirement. Defines terms. Makes a conforming change in the Health Maintenance Organization Act. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Insurance Code is amended by | 5 | | changing Sections 356z.3 and 356z.3a as follows: | 6 | | (215 ILCS 5/356z.3) | 7 | | Sec. 356z.3. Disclosure of limited benefit. An insurer | 8 | | that
issues,
delivers,
amends, or
renews an individual or | 9 | | group policy of accident and health insurance in this
State | 10 | | after the
effective date of this amendatory Act of the 92nd | 11 | | General Assembly and
arranges, contracts
with, or administers | 12 | | contracts with a provider whereby beneficiaries are
provided | 13 | | an incentive to
use the services of such provider must include | 14 | | the following disclosure on its
contracts and
evidences of | 15 | | coverage: "WARNING, LIMITED BENEFITS WILL BE PAID WHEN
| 16 | | NON-PARTICIPATING PROVIDERS ARE USED. You should be aware that | 17 | | when you elect
to
utilize the services of a non-participating | 18 | | provider for a covered service in non-emergency
situations, | 19 | | benefit payments to such non-participating provider are not | 20 | | based upon the amount
billed. The basis of your benefit | 21 | | payment will be determined according to your policy's fee
| 22 | | schedule, usual and customary charge (which is determined by | 23 | | comparing charges for similar
services adjusted to the |
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| 1 | | geographical area where the services are performed), or other | 2 | | method as
defined by the policy. YOU CAN EXPECT TO PAY MORE | 3 | | THAN THE COINSURANCE
AMOUNT DEFINED IN THE POLICY AFTER THE | 4 | | PLAN HAS PAID ITS REQUIRED
PORTION. Non-participating | 5 | | providers may bill members for any amount up to the
billed
| 6 | | charge after the plan has paid its portion of the bill, except | 7 | | as provided in Section 356z.3a of the Illinois Insurance Code | 8 | | for covered services received at a participating health care | 9 | | facility from a nonparticipating provider that are: (a) | 10 | | ancillary services, (b) items or services furnished as a | 11 | | result of unforeseen, urgent medical needs that arise at the | 12 | | time the item or service is furnished, or (c) items or services | 13 | | received when the facility or the non-participating provider | 14 | | fails to satisfy the notice and consent criteria specified | 15 | | under Section 356z.3a , or (d) items or services provided to a | 16 | | Medicare beneficiary, insured, or enrollee . Participating | 17 | | providers
have agreed to accept
discounted payments for | 18 | | services with no additional billing to the member other
than | 19 | | co-insurance and deductible amounts. You may obtain further | 20 | | information
about the
participating
status of professional | 21 | | providers and information on out-of-pocket expenses by
calling | 22 | | the toll
free telephone number on your identification card.". | 23 | | (Source: P.A. 102-901, eff. 1-1-23 .) | 24 | | (215 ILCS 5/356z.3a) | 25 | | Sec. 356z.3a. Billing; emergency services; |
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| 1 | | nonparticipating providers. | 2 | | (a) As used in this Section: | 3 | | "Ancillary services" means: | 4 | | (1) items and services related to emergency medicine, | 5 | | anesthesiology, pathology, radiology, and neonatology that | 6 | | are provided by any health care provider; | 7 | | (2) items and services provided by assistant surgeons, | 8 | | hospitalists, and intensivists; | 9 | | (3) diagnostic services, including radiology and | 10 | | laboratory services, except for advanced diagnostic | 11 | | laboratory tests identified on the most current list | 12 | | published by the United States Secretary of Health and | 13 | | Human Services under 42 U.S.C. 300gg-132(b)(3); | 14 | | (4) items and services provided by other specialty | 15 | | practitioners as the United States Secretary of Health and | 16 | | Human Services specifies through rulemaking under 42 | 17 | | U.S.C. 300gg-132(b)(3); and | 18 | | (5) items and services provided by a nonparticipating | 19 | | provider if there is no participating provider who can | 20 | | furnish the item or service at the facility. | 21 | | "Cost sharing" means the amount an insured, beneficiary, | 22 | | or enrollee is responsible for paying for a covered item or | 23 | | service under the terms of the policy or certificate. "Cost | 24 | | sharing" includes copayments, coinsurance, and amounts paid | 25 | | toward deductibles, but does not include amounts paid towards | 26 | | premiums, balance billing by out-of-network providers, or the |
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| 1 | | cost of items or services that are not covered under the policy | 2 | | or certificate. | 3 | | "Emergency department of a hospital" means any hospital | 4 | | department that provides emergency services, including a | 5 | | hospital outpatient department. | 6 | | "Emergency medical condition" has the meaning ascribed to | 7 | | that term in Section 10 of the Managed Care Reform and Patient | 8 | | Rights Act. | 9 | | "Emergency medical screening examination" has the meaning | 10 | | ascribed to that term in Section 10 of the Managed Care Reform | 11 | | and Patient Rights Act. | 12 | | "Emergency services" means, with respect to an emergency | 13 | | medical condition: | 14 | | (1) in general, an emergency medical screening | 15 | | examination, including ancillary
services routinely | 16 | | available to the emergency department to evaluate such | 17 | | emergency medical condition, and such further medical | 18 | | examination and treatment as would be required to | 19 | | stabilize the patient regardless of the department of the | 20 | | hospital or other facility in which such further | 21 | | examination or treatment is furnished; or | 22 | | (2) additional items and services for which benefits | 23 | | are provided or covered under the coverage and that are | 24 | | furnished by a nonparticipating provider or | 25 | | nonparticipating emergency facility regardless of the | 26 | | department of the hospital or other facility in which such |
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| 1 | | items are furnished after the insured, beneficiary, or | 2 | | enrollee is stabilized and as part of outpatient | 3 | | observation or an inpatient or outpatient stay with | 4 | | respect to the visit in which the services described in | 5 | | paragraph (1) are furnished. Services after stabilization | 6 | | cease to be emergency services only when all the | 7 | | conditions of 42 U.S.C. 300gg-111(a)(3)(C)(ii)(II) and | 8 | | regulations thereunder are met. | 9 | | "Freestanding Emergency Center" means a facility licensed | 10 | | under Section 32.5 of the Emergency Medical Services (EMS) | 11 | | Systems Act. | 12 | | "Health care facility" means, in the context of | 13 | | non-emergency services, any of the following: | 14 | | (1) a hospital as defined in 42 U.S.C. 1395x(e); | 15 | | (2) a hospital outpatient department; | 16 | | (3) a critical access hospital certified under 42 | 17 | | U.S.C. 1395i-4(e); | 18 | | (4) an ambulatory surgical treatment center as defined | 19 | | in the Ambulatory Surgical Treatment Center Act; or | 20 | | (5) any recipient of a license under the Hospital | 21 | | Licensing Act that is not otherwise described in this | 22 | | definition. | 23 | | "Health care provider" means a provider as defined in | 24 | | subsection (d) of Section 370g. "Health care provider" does | 25 | | not include a provider of air ambulance or ground ambulance | 26 | | services. |
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| 1 | | "Health care services" has the meaning ascribed to that | 2 | | term in subsection (a) of Section 370g. | 3 | | "Health insurance issuer" has the meaning ascribed to that | 4 | | term in Section 5 of the Illinois Health Insurance Portability | 5 | | and Accountability Act. | 6 | | "Medicare" means the health insurance program for the aged | 7 | | and disabled under Title XVIII of the Social Security Act. | 8 | | "Medicare-approved amount" means the total payment that | 9 | | Medicare has agreed to pay a health care provider for a service | 10 | | or item. | 11 | | "Nonparticipating emergency facility" means, with respect | 12 | | to the furnishing of an item or service under a policy of group | 13 | | or individual health insurance coverage, any of the following | 14 | | facilities that does not have a contractual relationship | 15 | | directly or indirectly with a health insurance issuer in | 16 | | relation to the coverage: | 17 | | (1) an emergency department of a hospital; | 18 | | (2) a Freestanding Emergency Center; | 19 | | (3) an ambulatory surgical treatment center as defined | 20 | | in the Ambulatory Surgical Treatment Center Act; or | 21 | | (4) with respect to emergency services described in | 22 | | paragraph (2) of the definition of "emergency services", a | 23 | | hospital. | 24 | | "Nonparticipating provider" means, with respect to the | 25 | | furnishing of an item or service under a policy of group or | 26 | | individual health insurance coverage, any health care provider |
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| 1 | | who does not have a contractual relationship directly or | 2 | | indirectly with a health insurance issuer in relation to the | 3 | | coverage. | 4 | | "Participating emergency facility" means any of the | 5 | | following facilities that has a contractual relationship | 6 | | directly or indirectly with a health insurance issuer offering | 7 | | group or individual health insurance coverage setting forth | 8 | | the terms and conditions on which a relevant health care | 9 | | service is provided to an insured, beneficiary, or enrollee | 10 | | under the coverage: | 11 | | (1) an emergency department of a hospital; | 12 | | (2) a Freestanding Emergency Center; | 13 | | (3) an ambulatory surgical treatment center as defined | 14 | | in the Ambulatory Surgical Treatment Center Act; or | 15 | | (4) with respect to emergency services described in | 16 | | paragraph (2) of the definition of "emergency services", a | 17 | | hospital. | 18 | | For purposes of this definition, a single case agreement | 19 | | between an emergency facility and an issuer that is used to | 20 | | address unique situations in which an insured, beneficiary, or | 21 | | enrollee requires services that typically occur out-of-network | 22 | | constitutes a contractual relationship and is limited to the | 23 | | parties to the agreement. | 24 | | "Participating health care facility" means any health care | 25 | | facility that has a contractual
relationship directly or | 26 | | indirectly with a health insurance issuer offering group or |
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| 1 | | individual health insurance coverage setting forth the terms | 2 | | and conditions on which a relevant health care service is | 3 | | provided to an insured, beneficiary, or enrollee under the | 4 | | coverage. A single case agreement between an emergency | 5 | | facility and an issuer that is used to address unique | 6 | | situations in which an insured, beneficiary, or enrollee | 7 | | requires services that typically occur out-of-network | 8 | | constitutes a contractual relationship for purposes of this | 9 | | definition and is limited to the parties to the agreement. | 10 | | "Participating provider" means any health care provider | 11 | | that has a
contractual relationship directly or indirectly | 12 | | with a health insurance issuer offering group or individual | 13 | | health insurance coverage setting forth the terms and | 14 | | conditions on which a relevant health care service is provided | 15 | | to an insured, beneficiary, or enrollee under the coverage. | 16 | | "Qualifying payment amount" has the meaning given to that | 17 | | term in 42 U.S.C. 300gg-111(a)(3)(E) and the regulations | 18 | | promulgated thereunder. | 19 | | "Recognized amount" means the lesser of the amount | 20 | | initially billed by the provider or the qualifying payment | 21 | | amount. | 22 | | "Stabilize" means "stabilization" as defined in Section 10 | 23 | | of the Managed Care Reform and Patient Rights Act. | 24 | | "Treating provider" means a health care provider who has | 25 | | evaluated the individual. | 26 | | "Visit" means, with respect to health care services |
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| 1 | | furnished to an individual at a health care facility, health | 2 | | care services furnished by a provider at the facility, as well | 3 | | as equipment, devices, telehealth services, imaging services, | 4 | | laboratory services, and preoperative and postoperative | 5 | | services regardless of whether the provider furnishing such | 6 | | services is at the facility. | 7 | | (b) Emergency services. When a beneficiary, insured, or | 8 | | enrollee receives emergency services from a nonparticipating | 9 | | provider or a nonparticipating emergency facility, the health | 10 | | insurance issuer shall ensure that the beneficiary, insured, | 11 | | or enrollee shall incur no greater out-of-pocket costs than | 12 | | the beneficiary, insured, or enrollee would have incurred with | 13 | | a participating provider or a participating emergency | 14 | | facility. Any cost-sharing requirements shall be applied as | 15 | | though the emergency services had been received from a | 16 | | participating provider or a participating facility. Cost | 17 | | sharing shall be calculated based on the recognized amount for | 18 | | the emergency services. If the cost sharing for the same item | 19 | | or service furnished by a participating provider would have | 20 | | been a flat-dollar copayment, that amount shall be the | 21 | | cost-sharing amount unless the provider has billed a lesser | 22 | | total amount. In no event shall the beneficiary, insured, | 23 | | enrollee, or any group policyholder or plan sponsor be liable | 24 | | to or billed by the health insurance issuer, the | 25 | | nonparticipating provider, or the nonparticipating emergency | 26 | | facility for any amount beyond the cost sharing calculated in |
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| 1 | | accordance with this subsection with respect to the emergency | 2 | | services delivered. Administrative requirements or limitations | 3 | | shall be no greater than those applicable to emergency | 4 | | services received from a participating provider or a | 5 | | participating emergency facility. | 6 | | (b-5) Non-emergency services at participating health care | 7 | | facilities. | 8 | | (1) When a beneficiary, insured, or enrollee utilizes | 9 | | a participating health care facility and, due to any | 10 | | reason, covered ancillary services are provided by a | 11 | | nonparticipating provider during or resulting from the | 12 | | visit, the health insurance issuer shall ensure that the | 13 | | beneficiary, insured, or enrollee shall incur no greater | 14 | | out-of-pocket costs than the beneficiary, insured, or | 15 | | enrollee would have incurred with a participating provider | 16 | | for the ancillary services. Any cost-sharing requirements | 17 | | shall be applied as though the ancillary services had been | 18 | | received from a participating provider. Cost sharing shall | 19 | | be calculated based on the recognized amount for the | 20 | | ancillary services. If the cost sharing for the same item | 21 | | or service furnished by a participating provider would | 22 | | have been a flat-dollar copayment, that amount shall be | 23 | | the cost-sharing amount unless the provider has billed a | 24 | | lesser total amount. In no event shall the beneficiary, | 25 | | insured, enrollee, or any group policyholder or plan | 26 | | sponsor be liable to or billed by the health insurance |
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| 1 | | issuer, the nonparticipating provider, or the | 2 | | participating health care facility for any amount beyond | 3 | | the cost sharing calculated in accordance with this | 4 | | subsection with respect to the ancillary services | 5 | | delivered. In addition to ancillary services, the | 6 | | requirements of this paragraph shall also apply with | 7 | | respect to covered items or services furnished as a result | 8 | | of unforeseen, urgent medical needs that arise at the time | 9 | | an item or service is furnished, regardless of whether the | 10 | | nonparticipating provider satisfied the notice and consent | 11 | | criteria under paragraph (2) of this subsection. | 12 | | (2) When a beneficiary, insured, or enrollee utilizes | 13 | | a participating health care facility and receives | 14 | | non-emergency covered health care services other than | 15 | | those described in paragraph (1) of this subsection from a | 16 | | nonparticipating provider during or resulting from the | 17 | | visit, the health insurance issuer shall ensure that the | 18 | | beneficiary, insured, or enrollee incurs no greater | 19 | | out-of-pocket costs than the beneficiary, insured, or | 20 | | enrollee would have incurred with a participating provider | 21 | | unless the nonparticipating provider , or the participating | 22 | | health care facility on behalf of the nonparticipating | 23 | | provider , satisfies the notice and consent criteria | 24 | | provided in 42 U.S.C. 300gg-132 and regulations | 25 | | promulgated thereunder. If the notice and consent criteria | 26 | | are not satisfied, then: |
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| 1 | | (A) any cost-sharing requirements shall be applied | 2 | | as though the health care services had been received | 3 | | from a participating provider; | 4 | | (B) cost sharing shall be calculated based on the | 5 | | recognized amount for the health care services; and | 6 | | (C) in no event shall the beneficiary, insured, | 7 | | enrollee, or any group policyholder or plan sponsor be | 8 | | liable to or billed by the health insurance issuer, | 9 | | the nonparticipating provider, or the participating | 10 | | health care facility for any amount beyond the cost | 11 | | sharing calculated in accordance with this subsection | 12 | | with respect to the health care services delivered. | 13 | | (c) Notwithstanding any other provision of this Code, | 14 | | except when the notice and consent criteria are satisfied for | 15 | | the situation in paragraph (2) of subsection (b-5), any | 16 | | benefits a beneficiary, insured, or enrollee receives for | 17 | | services under the situations in subsection subsections (b) or | 18 | | (b-5) are assigned to the nonparticipating providers or the | 19 | | facility acting on their behalf. Upon receipt of the | 20 | | provider's bill or facility's bill, the health insurance | 21 | | issuer shall provide the nonparticipating provider or the | 22 | | facility with a written explanation of benefits that specifies | 23 | | the proposed reimbursement and the applicable deductible, | 24 | | copayment , or coinsurance amounts owed by the insured, | 25 | | beneficiary , or enrollee. The health insurance issuer shall | 26 | | pay any reimbursement subject to this Section directly to the |
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| 1 | | nonparticipating provider or the facility. | 2 | | (d) For bills assigned under subsection (c), the | 3 | | nonparticipating provider or the facility may bill the health | 4 | | insurance issuer for the services rendered, and the health | 5 | | insurance issuer may pay the billed amount or attempt to | 6 | | negotiate reimbursement with the nonparticipating provider or | 7 | | the facility. Within 30 calendar days after the provider or | 8 | | facility transmits the bill to the health insurance issuer, | 9 | | the issuer shall send an initial payment or notice of denial of | 10 | | payment with the written explanation of benefits to the | 11 | | provider or facility. If attempts to negotiate reimbursement | 12 | | for services provided by a nonparticipating provider do not | 13 | | result in a resolution of the payment dispute within 30 days | 14 | | after receipt of written explanation of benefits by the health | 15 | | insurance issuer, then the health insurance issuer or | 16 | | nonparticipating provider or the facility may initiate binding | 17 | | arbitration to determine payment for services provided on a | 18 | | per-bill per bill basis. The party requesting arbitration | 19 | | shall notify the other party arbitration has been initiated | 20 | | and state its final offer before arbitration. In response to | 21 | | this notice, the nonrequesting party shall inform the | 22 | | requesting party of its final offer before the arbitration | 23 | | occurs. Arbitration shall be initiated by filing a request | 24 | | with the Department of Insurance. | 25 | | (e) The Department of Insurance shall publish a list of | 26 | | approved arbitrators or entities that shall provide binding |
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| 1 | | arbitration. These arbitrators shall be American Arbitration | 2 | | Association or American Health Lawyers Association trained | 3 | | arbitrators. Both parties must agree on an arbitrator from the | 4 | | Department of Insurance's or its approved entity's list of | 5 | | arbitrators. If no agreement can be reached, then a list of 5 | 6 | | arbitrators shall be provided by the Department of Insurance | 7 | | or the approved entity. From the list of 5 arbitrators, the | 8 | | health insurance issuer can veto 2 arbitrators and the | 9 | | provider or facility can veto 2 arbitrators. The remaining | 10 | | arbitrator shall be the chosen arbitrator. This arbitration | 11 | | shall consist of a review of the written submissions by both | 12 | | parties. The arbitrator shall not establish a rebuttable | 13 | | presumption that the qualifying payment amount should be the | 14 | | total amount owed to the provider or facility by the | 15 | | combination of the issuer and the insured, beneficiary, or | 16 | | enrollee. Binding arbitration shall provide for a written | 17 | | decision within 45 days after the request is filed with the | 18 | | Department of Insurance. Both parties shall be bound by the | 19 | | arbitrator's decision. The arbitrator's expenses and fees, | 20 | | together with other expenses, not including attorney's fees, | 21 | | incurred in the conduct of the arbitration, shall be paid as | 22 | | provided in the decision. | 23 | | (f) (Blank). | 24 | | (f-1) A health care provider shall not charge or collect | 25 | | from a Medicare beneficiary, insured, or enrollee any amount | 26 | | in excess of the Medicare-approved amount for any |
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| 1 | | Medicare-covered item or service provided. | 2 | | (g) Section 368a of this Act shall not apply during the | 3 | | pendency of a decision under subsection (d). Upon the issuance | 4 | | of the arbitrator's decision, Section 368a applies with | 5 | | respect to the amount, if any, by which the arbitrator's | 6 | | determination exceeds the issuer's initial payment under | 7 | | subsection (c), or the entire amount of the arbitrator's | 8 | | determination if initial payment was denied. Any interest | 9 | | required to be paid to a provider under Section 368a shall not | 10 | | accrue until after 30 days of an arbitrator's decision as | 11 | | provided in subsection (d), but in no circumstances longer | 12 | | than 150 days from the date the nonparticipating | 13 | | facility-based provider billed for services rendered.
| 14 | | (h) Nothing in this Section shall be interpreted to change | 15 | | the prudent layperson provisions with respect to emergency | 16 | | services under the Managed Care Reform and Patient Rights Act. | 17 | | (i) Nothing in this Section shall preclude a health care | 18 | | provider from billing a beneficiary, insured, or enrollee for | 19 | | reasonable administrative fees, such as service fees for | 20 | | checks returned for nonsufficient funds and missed | 21 | | appointments. | 22 | | (j) Nothing in this Section shall preclude a beneficiary, | 23 | | insured, or enrollee from assigning benefits to a | 24 | | nonparticipating provider when the notice and consent criteria | 25 | | are satisfied under paragraph (2) of subsection (b-5) or in | 26 | | any other situation not described in subsection subsections |
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| 1 | | (b) or (b-5). | 2 | | (k) Except when the notice and consent criteria are | 3 | | satisfied under paragraph (2) of subsection (b-5), if an | 4 | | individual receives health care services under the situations | 5 | | described in subsections (b) or (b-5), no referral requirement | 6 | | or any other provision contained in the policy or certificate | 7 | | of coverage shall deny coverage, reduce benefits, or otherwise | 8 | | defeat the requirements of this Section for services that | 9 | | would have been covered with a participating provider. | 10 | | However, this subsection shall not be construed to preclude a | 11 | | provider contract with a health insurance issuer, or with an | 12 | | administrator or similar entity acting on the issuer's behalf, | 13 | | from imposing requirements on the participating provider, | 14 | | participating emergency facility, or participating health care | 15 | | facility relating to the referral of covered individuals to | 16 | | nonparticipating providers. | 17 | | (l) Except if the notice and consent criteria are | 18 | | satisfied under paragraph (2) of subsection (b-5), | 19 | | cost-sharing amounts calculated in conformity with this | 20 | | Section shall count toward any deductible or out-of-pocket | 21 | | maximum applicable to in-network coverage. | 22 | | (m) The Department has the authority to enforce the | 23 | | requirements of this Section in the situations described in | 24 | | subsections (b) , and (b-5), and (f-1), and in any other | 25 | | situation for which 42 U.S.C. Chapter 6A, Subchapter XXV, | 26 | | Parts D or E and regulations promulgated thereunder would |
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| 1 | | prohibit an individual from being billed or liable for | 2 | | emergency services furnished by a nonparticipating provider or | 3 | | nonparticipating emergency facility or for non-emergency | 4 | | health care services furnished by a nonparticipating provider | 5 | | at a participating health care facility. | 6 | | (n) This Section does not apply with respect to air | 7 | | ambulance or ground ambulance services. This Section does not | 8 | | apply to any policy of excepted benefits or to short-term, | 9 | | limited-duration health insurance coverage. | 10 | | (Source: P.A. 102-901, eff. 7-1-22; revised 8-19-22.) | 11 | | Section 10. The Health Maintenance Organization Act is | 12 | | amended by changing Section 4.5-1 as follows:
| 13 | | (215 ILCS 125/4.5-1)
| 14 | | Sec. 4.5-1. Point-of-service health service contracts.
| 15 | | (a) A health maintenance organization that offers a | 16 | | point-of-service
contract:
| 17 | | (1) must include as in-plan covered services all | 18 | | services required by law
to
be provided by a health | 19 | | maintenance organization;
| 20 | | (2) must provide incentives, which shall include | 21 | | financial incentives, for
enrollees to use in-plan covered | 22 | | services;
| 23 | | (3) may not offer services out-of-plan without | 24 | | providing those services on
an in-plan basis;
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| 1 | | (4) may include annual out-of-pocket limits and | 2 | | lifetime maximum
benefits allowances for out-of-plan | 3 | | services that are separate from any limits
or
allowances | 4 | | applied to in-plan services;
| 5 | | (5) may not consider emergency services, authorized | 6 | | referral services, or
non-routine services obtained out of | 7 | | the service area to be point-of-service
services;
| 8 | | (6) may treat as out-of-plan services those services | 9 | | that an enrollee
obtains
from a participating provider, | 10 | | but for which the proper authorization was not
given by | 11 | | the health maintenance organization; and
| 12 | | (7) after January 1, 2003 ( the effective date of | 13 | | Public Act 92-579) this amendatory Act of the 92nd General
| 14 | | Assembly , must include
the following disclosure on its | 15 | | point-of-service contracts and evidences of
coverage:
| 16 | | "WARNING, LIMITED BENEFITS WILL BE PAID WHEN | 17 | | NON-PARTICIPATING
PROVIDERS ARE USED. You should be aware | 18 | | that when you elect to utilize the
services of a
| 19 | | non-participating provider for a covered service in | 20 | | non-emergency situations,
benefit payments
to such | 21 | | non-participating provider are not based upon the amount | 22 | | billed. The
basis of your
benefit payment will be | 23 | | determined according to your policy's fee schedule,
usual | 24 | | and customary
charge (which is determined by comparing | 25 | | charges for similar services adjusted
to the
geographical | 26 | | area where the services are performed), or other method as |
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| 1 | | defined
by the policy.
YOU CAN EXPECT TO PAY MORE THAN THE | 2 | | COINSURANCE AMOUNT DEFINED IN
THE POLICY AFTER THE PLAN | 3 | | HAS PAID ITS REQUIRED PORTION. Non-participating
providers | 4 | | may bill members for any amount up to the billed charge | 5 | | after the
plan
has paid its portion of the bill, except as | 6 | | provided in Section 356z.3a of the Illinois Insurance Code | 7 | | for covered services received at a participating health | 8 | | care facility from a non-participating provider that are: | 9 | | (a) ancillary services, (b) items or services furnished as | 10 | | a result of unforeseen, urgent medical needs that arise at | 11 | | the time the item or service is furnished, or (c) items or | 12 | | services received when the facility or the | 13 | | non-participating provider fails to satisfy the notice and | 14 | | consent criteria specified under Section 356z.3a , or (d) | 15 | | items or services provided to a Medicare beneficiary, | 16 | | insured, or enrollee . Participating providers have agreed | 17 | | to accept
discounted
payments for services with no | 18 | | additional billing to the member other than
co-insurance | 19 | | and
deductible amounts. You may obtain further information | 20 | | about the participating
status of
professional providers | 21 | | and information on out-of-pocket expenses by calling the
| 22 | | toll free
telephone number on your identification card.".
| 23 | | (b) A health maintenance organization offering a | 24 | | point-of-service contract
is
subject to all of the following | 25 | | limitations:
| 26 | | (1) The health maintenance organization may not expend |
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| 1 | | in any calendar
quarter more than 20% of its total | 2 | | expenditures for all its members for
out-of-plan
covered | 3 | | services.
| 4 | | (2) If the amount specified in item (1) of this | 5 | | subsection is exceeded by
2% in a quarter, the health
| 6 | | maintenance organization must effect compliance with
item | 7 | | (1) of this subsection by the end of the following | 8 | | quarter.
| 9 | | (3) If compliance with the amount specified in item | 10 | | (1) of this subsection
is not demonstrated in the
health | 11 | | maintenance organization's next quarterly report,
the | 12 | | health maintenance organization may not offer the | 13 | | point-of-service contract
to
new groups or include the | 14 | | point-of-service option in the renewal of an existing
| 15 | | group until compliance
with the amount specified in item | 16 | | (1) of this subsection is
demonstrated or until otherwise | 17 | | allowed by the Director.
| 18 | | (4) A health maintenance organization failing, without | 19 | | just cause, to
comply with the provisions of this | 20 | | subsection shall be required, after notice
and
hearing, to | 21 | | pay a penalty of $250 for each day out of compliance, to be
| 22 | | recovered
by the Director. Any penalty recovered shall be | 23 | | paid into the General Revenue
Fund. The Director may | 24 | | reduce the penalty if the health maintenance
organization
| 25 | | demonstrates to the Director that the imposition of the | 26 | | penalty
would constitute a
financial hardship to the |
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| 1 | | health maintenance organization.
| 2 | | (c) A health maintenance organization that offers a
| 3 | | point-of-service product must
do all of the following:
| 4 | | (1) File a quarterly financial statement detailing | 5 | | compliance with the
requirements of subsection (b).
| 6 | | (2) Track out-of-plan, point-of-service utilization | 7 | | separately from
in-plan
or non-point-of-service, | 8 | | out-of-plan emergency care, referral care, and urgent
care
| 9 | | out of the service area utilization.
| 10 | | (3) Record out-of-plan utilization in a manner that | 11 | | will permit such
utilization and cost reporting as the | 12 | | Director may, by rule, require.
| 13 | | (4) Demonstrate to the Director's satisfaction that | 14 | | the health maintenance
organization has the fiscal, | 15 | | administrative, and marketing capacity to control
its
| 16 | | point-of-service enrollment, utilization, and costs so as | 17 | | not to jeopardize the
financial security of the health | 18 | | maintenance organization.
| 19 | | (5) Maintain, in addition to any other deposit | 20 | | required under
this Act, the deposit required by Section | 21 | | 2-6.
| 22 | | (6) Maintain cash and cash equivalents of sufficient | 23 | | amount to fully
liquidate 10 days' average claim payments, | 24 | | subject to review by the Director.
| 25 | | (7) Maintain and file with the Director, reinsurance | 26 | | coverage protecting
against catastrophic losses on |
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| 1 | | out-of-network out of network point-of-service services.
| 2 | | Deductibles may not
exceed $100,000 per covered life per | 3 | | year, and the portion of
risk retained by the health | 4 | | maintenance organization once deductibles have been
| 5 | | satisfied may not exceed 20%. Reinsurance must be placed | 6 | | with licensed
authorized reinsurers qualified to do | 7 | | business in this State.
| 8 | | (d) A health maintenance organization may not issue a | 9 | | point-of-service
contract
until it has filed and had approved | 10 | | by the Director a plan to comply with the
provisions of
this | 11 | | Section. The compliance plan must, at a minimum, include | 12 | | provisions
demonstrating
that the health maintenance | 13 | | organization will do all of the following:
| 14 | | (1) Design the benefit levels and conditions of | 15 | | coverage for in-plan
covered services and out-of-plan | 16 | | covered services as required by this Article.
| 17 | | (2) Provide or arrange for the provision of adequate | 18 | | systems to:
| 19 | | (A) process and pay claims for all out-of-plan | 20 | | covered services;
| 21 | | (B) meet the requirements for point-of-service | 22 | | contracts set forth in
this Section and any additional | 23 | | requirements that may be set forth by the
Director; | 24 | | and
| 25 | | (C) generate accurate data and financial and | 26 | | regulatory reports on a
timely basis so that the |
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| 1 | | Department of Insurance can evaluate the health
| 2 | | maintenance organization's experience with the | 3 | | point-of-service contract
and monitor compliance with | 4 | | point-of-service contract provisions.
| 5 | | (3) Comply with the requirements of subsections (b) | 6 | | and (c).
| 7 | | (Source: P.A. 102-901, eff. 1-1-23; revised 12-9-22.)
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.
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