State of Illinois
92nd General Assembly
Legislation

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92_HB3052

 
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 1        AN ACT in relation to healthcare.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  1.   Short  title.  This Act may be cited as the
 5    Notice to Health Carriers Act.

 6        Section 5.  Definitions.  For purposes of this Act:
 7        "Adverse action"  means  any  action  by  the  Department
 8    reducing,   limiting,   restricting,  impairing,  suspending,
 9    revoking, denying, or failing  to  renew  the  license  of  a
10    physician or other licensed health care professional.
11        "Department"   means   the   Department  of  Professional
12    Regulation.
13        "Health carrier" or "carrier" means an entity subject  to
14    the  insurance laws of this State that contracts or offers to
15    contract to  provide,  deliver,  arrange  for,  pay  for,  or
16    reimburse any of the costs of health care services.
17        "Licensed  health  care professional" means an individual
18    who is licensed or otherwise authorized  by  law  to  provide
19    health care items and services.

20        Section 10.  Required notice.  Whenever the Department of
21    Professional  Regulation  takes  any adverse action against a
22    physician or other licensed  health  care  professional,  the
23    Department  shall  notify  each  health carrier that requests
24    that information  not later than 7 days after  the  close  of
25    the  month  in  which  the  action  is taken, except that the
26    Department may by rule designate categories or types of cases
27    in which more timely notice  is  appropriate  and  specify  a
28    deadline for the notice in those cases.

29        Section  15.  Contents  of notice. The notice required by
 
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 1    Section 10 shall be in such a  form  as  the  Department  may
 2    require  and shall specify the adverse action taken, the date
 3    on which the action becomes  effective,  and  any  corrective
 4    actions  taken  by  the Department including, but not limited
 5    to, requiring the physician or other health care professional
 6    to obtain additional continuing education  credits  or  other
 7    training,   except  that  the  notice  may  not  include  any
 8    individually identifiable health information with respect  to
 9    a  patient  of  the  physician  or other licensed health care
10    professional.

11        Section 20. Effect on health carrier contracts.  A health
12    carrier may impose a limitation, restriction, suspension,  or
13    termination  on  the  agreement  under  which  a physician or
14    licensed health care professional who is  the  subject  of  a
15    notice  under  Section  10  furnishes  health  care items and
16    services to participants, beneficiaries, or enrollees of  the
17    health  carrier effective on or after the date upon which the
18    notice under Section 10 is provided to the health carrier, if
19    the health carrier determines that:
20             (1)  the   physician   or   licensed   health   care
21        professional poses an imminent threat to the  health  and
22        safety  of  participants,  beneficiaries, or enrollees of
23        the plan;
24             (2)  the   physician   or   licensed   health   care
25        professional has engaged in  fraudulent  activities  with
26        respect  to  the  health carrier or has provided false or
27        misleading information to the health carrier or  withheld
28        information  from  the health carrier on matters relating
29        to the professional  conduct  or  qualifications  of  the
30        physician or licensed health care professional; or
31             (3)  the  adverse action of which the health carrier
32        was  notified  pursuant  to   Section   10   removes   or
33        significantly  impairs  the  ability  of the physician or
 
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 1        licensed health care professional to furnish health  care
 2        items  and  services  to  participants, beneficiaries, or
 3        enrollees of the health carrier.

 4        Section 25.  Immunity.  A physician  or  licensed  health
 5    care  professional  who  is  the  subject  of  a  limitation,
 6    restriction,  suspension,  or  termination  of  the agreement
 7    under  which  the  physician  or  health  care   professional
 8    furnishes  health  care  items  or  services to participants,
 9    beneficiaries, or enrollees of a health carrier shall have no
10    cause of action for damages arising from such action  of  the
11    health carrier.

12        Section  99.  Effective date.  This Act takes effect upon
13    becoming law.

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