Public Act 102-0504
HB3803 EnrolledLRB102 14417 CPF 19769 b

    AN ACT concerning regulation.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Fair Patient Billing Act is amended by
changing Section 30 as follows:
    (210 ILCS 88/30)
    Sec. 30. Pursuing collection action.
    (a) Hospitals and their agents may pursue collection
action against an uninsured patient only if the following
conditions are met:
        (1) The hospital has given the uninsured patient the
    opportunity to:
            (A) assess the accuracy of the bill;
            (B) apply for financial assistance under the
        hospital's financial assistance policy; and
            (C) avail themselves of a reasonable payment plan.
        (2) If the uninsured patient has indicated an
    inability to pay the full amount of the debt in one
    payment, the hospital has offered the patient a reasonable
    payment plan. The hospital may require the uninsured
    patient to provide reasonable verification of his or her
    inability to pay the full amount of the debt in one
        (3) To the extent the hospital provides financial
    assistance and the circumstances of the uninsured patient
    suggest the potential for eligibility for charity care,
    the uninsured patient has been given at least 60 days
    following the date of discharge or receipt of outpatient
    care to submit an application for financial assistance.
        (4) If the uninsured patient has agreed to a
    reasonable payment plan with the hospital, and the patient
    has failed to make payments in accordance with that
    reasonable payment plan.
        (5) If the uninsured patient informs the hospital that
    he or she has applied for health care coverage under
    Medicaid, Kidcare, or other government-sponsored health
    care program (and there is a reasonable basis to believe
    that the patient will qualify for such program) but the
    patient's application is denied.
    (a-5) A hospital shall proactively offer information on
charity care options available to uninsured patients,
regardless of their immigration status or residency.
    (b) A hospital may not refer a bill, or portion thereof, to
a collection agency or attorney for collection action against
the insured patient, without first offering the patient the
opportunity to request a reasonable payment plan for the
amount personally owed by the patient. Such an opportunity
shall be made available for the 30 days following the date of
the initial bill. If the insured patient requests a reasonable
payment plan, but fails to agree to a plan within 30 days of
the request, the hospital may proceed with collection action
against the patient.
    (c) No collection agency, law firm, or individual may
initiate legal action for non-payment of a hospital bill
against a patient without the written approval of an
authorized hospital employee who reasonably believes that the
conditions for pursuing collection action under this Section
have been met.
    (d) Nothing in this Section prohibits a hospital from
engaging an outside third party agency, firm, or individual to
manage the process of implementing the hospital's financial
assistance and reasonable payment plan programs and policies
so long as such agency, firm, or individual is contractually
bound to comply with the terms of this Act.
(Source: P.A. 94-885, eff. 1-1-07.)
    Section 99. Effective date. This Act takes effect on the
first day of the first month immediately following 90 days
after becoming law.

Effective Date: 12/1/2021