103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2609 Introduced , by Rep. Jed Davis SYNOPSIS AS INTRODUCED: New Act30 ILCS 105/5.990 new110 ILCS 330/11 new 210 ILCS 85/6.14a 210 ILCS 85/9.9 new Creates the Hospital Price Transparency Act. Provides that, notwithstanding any other provision of law, a facility (a hospital licensed under the Hospital Licensing Act, organized under the University of Illinois Hospital Act, or licensed under the Ambulatory Surgical Treatment Center Act) must make specified information public. Requires facilities to maintain lists of standard charges and shoppable services and ensure that the lists are available at all times to the public. Contains reporting requirements. Requires the Department of Public Health to monitor each facility's compliance with the requirements of the Act and to enforce compliance with the Act. Provides that facilities that violate the Act must submit and implement a corrective action plan. Establishes the Hospital Price Transparency Fund as a special fund in the State treasury and makes a conforming change in the State Finance Act. Requires administrative penalties collected under the Act to be deposited into the Fund. Provides that moneys in the Fund shall be used by the Department for expenses relating to the implementation, administration, and enforcement of the Act. Contains other provisions. Amends the University of Illinois Hospital Act. Requires the University of Illinois Hospital to comply with the Hospital Price Transparency Act. Amends the Hospital Licensing Act. Provides that any report submitted to the Department under the Hospital Price Transparency Act and any information or data contained in such a report is subject to disclosure to the public by the Department. Requires hospitals licensed under the Act to comply with the Hospital Price Transparency Act. Effective January 1, 2024. LRB103 05300 CPF 53530 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2609 Introduced , by Rep. Jed Davis SYNOPSIS AS INTRODUCED: New Act30 ILCS 105/5.990 new110 ILCS 330/11 new 210 ILCS 85/6.14a 210 ILCS 85/9.9 new New Act 30 ILCS 105/5.990 new 110 ILCS 330/11 new 210 ILCS 85/6.14a 210 ILCS 85/9.9 new Creates the Hospital Price Transparency Act. Provides that, notwithstanding any other provision of law, a facility (a hospital licensed under the Hospital Licensing Act, organized under the University of Illinois Hospital Act, or licensed under the Ambulatory Surgical Treatment Center Act) must make specified information public. Requires facilities to maintain lists of standard charges and shoppable services and ensure that the lists are available at all times to the public. Contains reporting requirements. Requires the Department of Public Health to monitor each facility's compliance with the requirements of the Act and to enforce compliance with the Act. Provides that facilities that violate the Act must submit and implement a corrective action plan. Establishes the Hospital Price Transparency Fund as a special fund in the State treasury and makes a conforming change in the State Finance Act. Requires administrative penalties collected under the Act to be deposited into the Fund. Provides that moneys in the Fund shall be used by the Department for expenses relating to the implementation, administration, and enforcement of the Act. Contains other provisions. Amends the University of Illinois Hospital Act. Requires the University of Illinois Hospital to comply with the Hospital Price Transparency Act. Amends the Hospital Licensing Act. Provides that any report submitted to the Department under the Hospital Price Transparency Act and any information or data contained in such a report is subject to disclosure to the public by the Department. Requires hospitals licensed under the Act to comply with the Hospital Price Transparency Act. Effective January 1, 2024. LRB103 05300 CPF 53530 b LRB103 05300 CPF 53530 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2609 Introduced , by Rep. Jed Davis SYNOPSIS AS INTRODUCED:
New Act30 ILCS 105/5.990 new110 ILCS 330/11 new 210 ILCS 85/6.14a 210 ILCS 85/9.9 new New Act 30 ILCS 105/5.990 new 110 ILCS 330/11 new 210 ILCS 85/6.14a 210 ILCS 85/9.9 new
New Act
30 ILCS 105/5.990 new
110 ILCS 330/11 new
210 ILCS 85/6.14a
210 ILCS 85/9.9 new
Creates the Hospital Price Transparency Act. Provides that, notwithstanding any other provision of law, a facility (a hospital licensed under the Hospital Licensing Act, organized under the University of Illinois Hospital Act, or licensed under the Ambulatory Surgical Treatment Center Act) must make specified information public. Requires facilities to maintain lists of standard charges and shoppable services and ensure that the lists are available at all times to the public. Contains reporting requirements. Requires the Department of Public Health to monitor each facility's compliance with the requirements of the Act and to enforce compliance with the Act. Provides that facilities that violate the Act must submit and implement a corrective action plan. Establishes the Hospital Price Transparency Fund as a special fund in the State treasury and makes a conforming change in the State Finance Act. Requires administrative penalties collected under the Act to be deposited into the Fund. Provides that moneys in the Fund shall be used by the Department for expenses relating to the implementation, administration, and enforcement of the Act. Contains other provisions. Amends the University of Illinois Hospital Act. Requires the University of Illinois Hospital to comply with the Hospital Price Transparency Act. Amends the Hospital Licensing Act. Provides that any report submitted to the Department under the Hospital Price Transparency Act and any information or data contained in such a report is subject to disclosure to the public by the Department. Requires hospitals licensed under the Act to comply with the Hospital Price Transparency Act. Effective January 1, 2024.
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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 1. Short title. This Act may be cited as the
5 Hospital Price Transparency Act.
6 Section 5. Definitions.
7 "Ancillary service" means a facility item or service that
8 a facility customarily provides as part of a shoppable
9 service.
10 "Chargemaster" means a list of all facility items or
11 services maintained by a facility for which the facility has
12 established a charge.
13 "De-identified maximum negotiated charge" means the
14 highest charge that a facility has negotiated with all
15 third-party payors for a facility item or service.
16 "De-identified minimum negotiated charge" means the lowest
17 charge that a facility has negotiated with all third-party
18 payors for a facility item or service.
19 "Department" means the Department of Public Health.
20 "Director" means the Director of Public Health.
21 "Discounted cash price" means the charge that applies to
22 an individual who pays cash, or a cash equivalent, for a
23 facility item or service.
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2609 Introduced , by Rep. Jed Davis SYNOPSIS AS INTRODUCED:
New Act30 ILCS 105/5.990 new110 ILCS 330/11 new 210 ILCS 85/6.14a 210 ILCS 85/9.9 new New Act 30 ILCS 105/5.990 new 110 ILCS 330/11 new 210 ILCS 85/6.14a 210 ILCS 85/9.9 new
New Act
30 ILCS 105/5.990 new
110 ILCS 330/11 new
210 ILCS 85/6.14a
210 ILCS 85/9.9 new
Creates the Hospital Price Transparency Act. Provides that, notwithstanding any other provision of law, a facility (a hospital licensed under the Hospital Licensing Act, organized under the University of Illinois Hospital Act, or licensed under the Ambulatory Surgical Treatment Center Act) must make specified information public. Requires facilities to maintain lists of standard charges and shoppable services and ensure that the lists are available at all times to the public. Contains reporting requirements. Requires the Department of Public Health to monitor each facility's compliance with the requirements of the Act and to enforce compliance with the Act. Provides that facilities that violate the Act must submit and implement a corrective action plan. Establishes the Hospital Price Transparency Fund as a special fund in the State treasury and makes a conforming change in the State Finance Act. Requires administrative penalties collected under the Act to be deposited into the Fund. Provides that moneys in the Fund shall be used by the Department for expenses relating to the implementation, administration, and enforcement of the Act. Contains other provisions. Amends the University of Illinois Hospital Act. Requires the University of Illinois Hospital to comply with the Hospital Price Transparency Act. Amends the Hospital Licensing Act. Provides that any report submitted to the Department under the Hospital Price Transparency Act and any information or data contained in such a report is subject to disclosure to the public by the Department. Requires hospitals licensed under the Act to comply with the Hospital Price Transparency Act. Effective January 1, 2024.
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A BILL FOR
New Act
30 ILCS 105/5.990 new
110 ILCS 330/11 new
210 ILCS 85/6.14a
210 ILCS 85/9.9 new
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1 "Facility" means a hospital licensed under the Hospital
2 Licensing Act, organized under the University of Illinois
3 Hospital Act, or licensed under the Ambulatory Surgical
4 Treatment Center Act.
5 "Facility item or service" means an item, service, or
6 service package, including, but not limited to, an item,
7 service, or service package that may be provided by a facility
8 to a patient in connection with an inpatient admission or an
9 outpatient department visit, for which the facility has
10 established a standard charge. "Facility item or service"
11 includes, but is not limited to, the following:
12 (1) Supplies and procedures.
13 (2) Room and board.
14 (3) Use of the facility and facility areas, the
15 charges for which are generally referred to as facility
16 fees.
17 (4) Services of physicians and nonphysician
18 practitioners employed by a facility, the charges for
19 which are generally referred to as professional charges.
20 (5) Any other item or service for which a facility has
21 established a standard charge.
22 "Fund" means the Hospital Price Transparency Fund
23 established under subsection (f) of Section 40.
24 "Gross charge" means the charge for a facility item or
25 service that is reflected on a facility's chargemaster, absent
26 any discounts.
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1 "Hospital Licensing Board" means the Hospital Licensing
2 Board created under Section 10 of the Hospital Licensing Act.
3 "Machine-readable format" means a digital representation
4 of information in a file that can be imported or read into a
5 computer system for further processing. "Machine-readable
6 format" includes PDF, .XML, .JSON, and .CSV formats.
7 "Payor-specific negotiated charge" means the charge that a
8 facility has negotiated with a third-party payor for a
9 facility item or service.
10 "Service package" means an aggregation of individual
11 facility items or services into a single service with a single
12 charge.
13 "Shoppable service" means a service that may be scheduled
14 by a patient in advance.
15 "Standard charge" means a regular rate established by a
16 facility for a facility item or service provided to a specific
17 group of paying patients. "Standard charge" includes all of
18 the following:
19 (1) A gross charge.
20 (2) A payor-specific negotiated charge.
21 (3) A de-identified minimum negotiated charge.
22 (4) A de-identified maximum negotiated charge.
23 (5) A discounted cash price.
24 "Third-party payor" means a person or entity who is
25 legally responsible for payment of a claim for a facility item
26 or service by contract or agreement.
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1 Section 10. Public availability of price information.
2 Notwithstanding any other provision of law, a facility must
3 make public:
4 (1) a digital file that contains a list of all
5 standard charges for all facility items or services as
6 required under Section 15 in PDF format or another
7 machine-readable format;
8 (2) a consumer-friendly list of standard charges for a
9 limited set of shoppable services as required under
10 Section 20; and
11 (3) 8 physical copies of the digital file in paragraph
12 (1) which are available in the public area of the facility
13 and can be taken by members of the public for their
14 reference.
15 Section 15. List of standard charges.
16 (a) A facility shall:
17 (1) maintain a list of all standard charges for all
18 facility items or services in accordance with this
19 Section; and
20 (2) ensure that the list is available at all times to
21 the public, including, but not limited to, by posting the
22 list electronically in accordance with this Section.
23 (b) The standard charges contained in the list required to
24 be maintained by a facility under subsection (a) must reflect
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1 the standard charges applicable to that facility location,
2 regardless of whether the facility operates in more than one
3 location or operates under the same license as another
4 facility.
5 (c) The list required under subsection (a) must include
6 the following items, as applicable:
7 (1) A description of each facility item or service
8 provided by the facility.
9 (2) Standard charges for each facility item or service
10 provided in either an inpatient or outpatient setting. If
11 a standard charge is a payor-specific negotiated charge,
12 it must be listed by the name of the third-party payor and
13 the plan associated with the charge and displayed in a
14 manner that clearly associates the charge with each
15 third-party payor and plan.
16 (3) Any code used by the facility for purposes of
17 accounting or billing for the facility item or service,
18 including the Current Procedural Terminology (CPT) code,
19 the Healthcare Common Procedure Coding System (HCPCS)
20 code, the Diagnosis Related Group (DRG) code, the National
21 Drug Code (NDC), or another common identifier.
22 (d) The information contained in the list required under
23 subsection (a) must be published in a single digital file in
24 PDF format. Facilities may post identical information in a
25 separate file in any machine-readable format.
26 (e) The list required under subsection (a) must be
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1 displayed in a prominent location, or accessible by selecting
2 a dedicated link that is prominently displayed on the home
3 page of the facility's publicly accessible website. If the
4 facility operates multiple locations and maintains a single
5 website, the list required under subsection (a) must be posted
6 for each location the facility operates in a manner that
7 clearly associates the list with the applicable location of
8 the facility. Physical copies must also be made available in
9 the lobby or other public areas of the facility for members of
10 the public to take with them.
11 (f) The list required under subsection (a) must:
12 (1) be available:
13 (A) free of charge;
14 (B) without having to establish a user account or
15 password;
16 (C) without having to submit personal identifying
17 information; and
18 (D) without having to overcome any other
19 impediment, including entering a code to access the
20 list;
21 (2) be accessible to a common commercial operator of
22 an Internet search engine to the extent necessary for the
23 search engine to index the list and display the list as a
24 result in response to a search query of a user of the
25 search engine;
26 (3) be formatted in a manner prescribed by the
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1 Department;
2 (4) be digitally searchable; and
3 (5) use the naming convention specified by the federal
4 Centers for Medicare and Medicaid Services.
5 (g) In prescribing the format of the list as required
6 under paragraph (3) of subsection (f), the Department shall
7 develop a template that each facility must use in formatting
8 the list. In developing the template, the Department shall:
9 (1) consider any applicable federal guidelines for
10 formatting similar lists required by federal law or rule
11 and ensure that the design of the template enables health
12 care researchers to compare the charges contained in the
13 lists maintained by each facility; and
14 (2) design the template to be substantially similar to
15 the template used by the Centers for Medicare and Medicaid
16 Services for purposes similar to those of this Act, if the
17 Department determines that designing the template in that
18 manner serves the purposes of paragraph (1) and that the
19 Department benefits from developing and requiring that
20 substantially similar design.
21 (h) A facility must update the list required under
22 subsection (a) at least once each year. The facility must
23 clearly indicate the date on which the list was most recently
24 updated, either on the list or in a manner that is clearly
25 associated with the list.
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1 Section 20. Consumer-friendly list of shoppable services.
2 (a) Except as provided under subsection (c), a facility
3 shall maintain and make publicly available a list of the
4 standard charges described under paragraph (2) of subsection
5 (c) of Section 15 for each of at least 300 shoppable services
6 provided by the facility. Physical copies must also be made
7 available in the lobby or other public areas of the facility
8 for members of the public to take with them. The facility may
9 select the shoppable services to be included in the list,
10 except that the list must include:
11 (1) the 70 services specified as shoppable services by
12 the Centers for Medicare and Medicaid Services; or
13 (2) if the facility does not provide all of the
14 shoppable services described under paragraph (1), as many
15 of those shoppable services that the facility does
16 provide.
17 (b) In selecting a shoppable service for purposes of
18 inclusion in the list required under subsection (a), a
19 facility must:
20 (1) consider how frequently the facility provides the
21 service and the facility's billing rate for that service;
22 and
23 (2) prioritize the selection of services that are
24 among the services most frequently provided by the
25 facility.
26 (c) If a facility does not provide at least 300 shoppable
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1 services, the facility must maintain a list of the total
2 number of shoppable services that the facility provides in a
3 manner that otherwise complies with the requirements of
4 subsection (a).
5 (d) The lists required under subsections (a) and (c) must:
6 (1) include:
7 (A) a plain-language description of each shoppable
8 service included on the list;
9 (B) the payor-specific negotiated charge that
10 applies to each shoppable service included on the list
11 and any ancillary service, listed by the name of the
12 third-party payor and plan associated with the charge
13 and displayed in a manner that clearly associates the
14 charge with the third-party payor and plan;
15 (C) the discounted cash price that applies to each
16 shoppable service included on the list and any
17 ancillary service or, if the facility does not offer a
18 discounted cash price for one or more of the shoppable
19 or ancillary services on the list, the gross charge
20 for the shoppable service or ancillary service, as
21 applicable;
22 (D) the de-identified minimum negotiated charge
23 that applies to each shoppable service included on the
24 list and any ancillary service;
25 (E) the de-identified maximum negotiated charge
26 that applies to each shoppable service included on the
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1 list and any ancillary service; and
2 (F) any code used by the facility for purposes of
3 accounting or billing for each shoppable service
4 included on the list and any ancillary service,
5 including the Current Procedural Terminology (CPT)
6 code, the Healthcare Common Procedure Coding System
7 (HCPCS) code, the Diagnosis Related Group (DRG) code,
8 the National Drug Code (NDC), or another common
9 identifier; and
10 (2) if applicable:
11 (A) state each location at which the facility
12 provides the shoppable service and whether the
13 standard charges included in the list apply at that
14 location to the provision of that shoppable service in
15 an inpatient setting, an outpatient department
16 setting, or in both of those settings, as applicable;
17 and
18 (B) indicate if one or more of the shoppable
19 services specified by the Centers for Medicare and
20 Medicaid Services is not provided by the facility.
21 (e) The lists required under subsections (a) and (c) must
22 be:
23 (1) displayed in the manner prescribed under
24 subsection (e) of Section 15 for the list required under
25 that subsection;
26 (2) available:
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1 (A) free of charge;
2 (B) without having to register or establish a user
3 account or password;
4 (C) without having to submit personal identifying
5 information; and
6 (D) without having to overcome any other
7 impediment, including, but not limited to, entering a
8 code to access the list;
9 (3) searchable by service description, billing code,
10 and payor;
11 (4) updated in the manner prescribed under subsection
12 (h) of Section 15;
13 (5) accessible to a common commercial operator of an
14 Internet search engine to the extent necessary for the
15 search engine to index the list and display the list as a
16 result in response to a search query of a user of the
17 search engine; and
18 (6) formatted in a manner that is consistent with the
19 format prescribed by the Department under paragraph (3) of
20 subsection (f) of Section 15.
21 (f) Notwithstanding any other provision of this Section, a
22 facility meets the requirements of this Section if the
23 facility maintains, as determined by the Department, an
24 Internet-based price estimator tool that:
25 (1) provides a cost estimate for each shoppable
26 service and any ancillary service included on the list
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1 maintained by the facility under subsection (a);
2 (2) allows a person to obtain an estimate of the
3 amount the person will be obligated to pay the facility if
4 the person elects to use the facility to provide the
5 service; and
6 (3) is:
7 (A) prominently displayed on the facility's
8 publicly accessible website; and
9 (B) accessible to the public:
10 (i) without charge; and
11 (ii) without having to register or establish a
12 user account or password.
13 Section 25. Reporting requirement. Each time a facility
14 updates a list as required under subsection (h) of Section 15
15 and paragraph (4) of subsection (e) of Section 20, the
16 facility shall submit the updated list to the Department. The
17 Department shall prescribe the form in which the updated list
18 must be submitted to the Department.
19 Section 30. Monitoring and enforcement.
20 (a) The Department shall monitor each facility's
21 compliance with the requirements of this Act using any of the
22 following methods:
23 (1) evaluating complaints made by persons to the
24 Department regarding noncompliance with this Act;
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1 (2) reviewing any analysis prepared regarding
2 noncompliance with this Act;
3 (3) auditing the websites of facilities for compliance
4 with this Act; and
5 (4) confirming that each facility submitted the lists
6 required under Section 25.
7 (b) If the Department determines that a facility is not in
8 compliance with any provision of this Act, the Department may
9 take any of the following actions in any order:
10 (1) Provide a written notice to the facility that
11 clearly explains the manner in which the facility is not
12 in compliance with this Act.
13 (2) Request a corrective action plan from the facility
14 if the facility has materially violated a provision of
15 this Act, as determined under Section 35.
16 (3) Impose an administrative penalty on the facility
17 and publicize the penalty on the Department's website if
18 the facility fails to:
19 (A) respond to the Department's request to submit
20 a corrective action plan; or
21 (B) comply with the requirements of a corrective
22 action plan submitted to the Department.
23 Section 35. Material violation; corrective action plan.
24 (a) A facility materially violates this Act if the
25 facility fails to:
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1 (1) comply with the requirements of Section 10; or
2 (2) publicize the facility's standard charges in the
3 form and manner required under Sections 15 and 20.
4 (b) If the Department determines that a facility has
5 materially violated this Act, the Department shall issue a
6 notice of material violation to the facility and request that
7 the facility submit a corrective action plan within 30 days of
8 the date of the notice. The notice must indicate the form and
9 manner in which the corrective action plan must be submitted
10 to the Department and clearly state the date by which the
11 facility must submit the plan.
12 (c) A facility that receives a notice under subsection (b)
13 must:
14 (1) submit a corrective action plan in the form and
15 manner, and by the specified date, prescribed by the
16 notice of violation; and
17 (2) complete the steps in the corrective actions plan
18 within 30 days of the Department's acceptance of the
19 corrective action plan.
20 (d) A corrective action plan submitted to the Department
21 under subsection (c) must:
22 (1) describe in detail the corrective action the
23 facility will take to address any violation identified by
24 the Department in the notice provided under subsection
25 (b); and
26 (2) confirm that the facility will complete the
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1 corrective action described under paragraph (1) within 30
2 days of the Department's acceptance of the corrective
3 action plan.
4 (e) A corrective action plan submitted under this Section
5 is subject to review and approval by the Department. After the
6 Department reviews and approves a facility's corrective action
7 plan, the Department shall notify the facility and shall
8 monitor and evaluate the facility's compliance with the
9 corrective action plan.
10 (f) A facility fails to respond to the Department's
11 request to submit a corrective action plan if the facility
12 fails to submit a corrective action plan:
13 (1) in the form and manner specified in the notice
14 provided under subsection (b); or
15 (2) by the date specified in the notice provided under
16 subsection (b).
17 (g) A facility fails to comply with a corrective action
18 plan if the facility fails to address a violation within the
19 specified period of time contained in the corrective action
20 plan.
21 Section 40. Administrative penalty.
22 (a) The Department shall impose an administrative penalty
23 on a facility in accordance with Section 7 of the Hospital
24 Licensing Act if the facility fails to:
25 (1) respond to the Department's request to submit a
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1 corrective action plan within the timeline in subsection
2 (b) of Section 35; or
3 (2) comply with the requirements of a corrective
4 action plan submitted to the Department.
5 (b) The Department shall impose an administrative penalty
6 on a facility for each violation of a requirement under this
7 Act. The Department shall set the penalty in an amount
8 sufficient to ensure compliance with this Act, subject to the
9 limitations prescribed by subsection (c).
10 (c) For a facility with one of the following total gross
11 revenues as reported to the Centers for Medicare and Medicaid
12 Services or to another entity designated by the Department by
13 rule in the year preceding the year in which a penalty is
14 imposed, the penalty imposed by the Department shall not
15 exceed:
16 (1) $1,000 for each day the facility violated this
17 Act, if the facility's total gross revenue is less than
18 $10,000,000;
19 (2) $3,000 for each day the facility violated this
20 Act, if the facility's total gross revenue is at least
21 $10,000,000 and less than $100,000,000; and
22 (3) $5,000 for each day the facility violated this
23 Act, if the facility's total gross revenue is $100,000,000
24 or more.
25 (d) Each day a violation continues is a separate
26 violation.
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1 (e) In determining the amount of an administrative penalty
2 under this Section, the Department shall consider:
3 (1) previous violations by the facility's operator;
4 (2) the seriousness of the violation;
5 (3) the demonstrated good faith of the facility's
6 operator; and
7 (4) any other matter justice may require.
8 (f) The Hospital Price Transparency Fund is established as
9 a special fund in the State treasury. Administrative penalties
10 collected under this Act shall be deposited into the Fund.
11 Moneys in the Fund shall be used by the Department for expenses
12 relating to the implementation, administration, and
13 enforcement of this Act.
14 Section 45. Legislative recommendations. The Department
15 may propose recommendations to the General Assembly for
16 amendments to this Act, including, but not limited to,
17 recommendations in response to amendments by the federal
18 Centers for Medicare and Medicaid Services to 45 CFR 180.
19 Section 50. Hearings; Illinois Administrative Procedure
20 Act.
21 (a) The procedure governing hearings under this Act shall
22 be in accordance with rules adopted by the Department and
23 approved by the Hospital Licensing Board. A full and complete
24 record shall be kept of all proceedings, including the notice
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1 of hearing, complaint, and all other documents in the nature
2 of pleadings, written motions filed in the proceedings, and
3 the report and orders of the Director and hearing officer. All
4 testimony shall be reported but need not be transcribed unless
5 the decision is appealed. A copy or copies of the transcript
6 may be obtained by any interested party on payment of the cost
7 of preparing such copy or copies.
8 (b) The provisions of the Illinois Administrative
9 Procedure Act are hereby expressly adopted and shall apply to
10 all administrative rules and procedures of the Department
11 under this Act, except that Section 5-35 of the Illinois
12 Administrative Procedure Act relating to procedures for
13 rulemaking does not apply to the adoption of any rule required
14 by federal law in connection with which the Department is
15 precluded by law from exercising any discretion.
16 Section 65. The State Finance Act is amended by adding
17 Section 5.990 as follows:
18 (30 ILCS 105/5.990 new)
19 Sec. 5.990. The Hospital Price Transparency Fund.
20 Section 70. The University of Illinois Hospital Act is
21 amended by adding Section 11 as follows:
22 (110 ILCS 330/11 new)
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1 Sec. 11. Compliance with the Hospital Price Transparency
2 Act. The University of Illinois Hospital shall comply with the
3 Hospital Price Transparency Act.
4 Section 75. The Hospital Licensing Act is amended by
5 changing Section 6.14a and by adding Section 9.9 as follows:
6 (210 ILCS 85/6.14a)
7 Sec. 6.14a. Public disclosure of information. The
8 following information is subject to disclosure to the public
9 from the Department:
10 (1) Information submitted under Section 5 of this Act;
11 (2) Final records of license and certification
12 inspections, surveys, and evaluations of hospitals; and
13 (3) Investigated complaints filed against a hospital
14 and complaint investigation reports, except that a
15 complaint or complaint investigation report shall not be
16 disclosed to a person other than the complainant or
17 complainant's representative before it is disclosed to a
18 hospital, and except that a complainant or patient's name
19 shall not be disclosed; and .
20 (4) Reports, and any information or data contained in
21 a report, submitted to the Department under the Hospital
22 Price Transparency Act.
23 The Department shall disclose information under this
24 Section in accordance with provisions for inspection and
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1 copying of public records required by the Freedom of
2 Information Act.
3 However, the disclosure of information described in
4 subsection (1) shall not be restricted by any provision of the
5 Freedom of Information Act.
6 Notwithstanding any other provision of law, under no
7 circumstances shall the Department disclose information
8 obtained from a hospital that is confidential under Part 21 of
9 Article VIII of the Code of Civil Procedure.
10 No Any records or reports of inspections, surveys, or
11 evaluations of hospitals may be disclosed until only after the
12 acceptance of a plan of correction by the Health Care
13 Financing Administration of the U.S. Department of Health and
14 Human Services or the Department, as appropriate, or at the
15 conclusion of any administrative review of the Department's
16 decision, or at the conclusion of any judicial review of such
17 administrative decision. Whenever any record or report is
18 subject to disclosure under this Section, the Department shall
19 permit the hospital to provide a written statement pertaining
20 to such report which shall be included as part of the
21 information to be disclosed. The Department shall not divulge
22 or disclose any record or report in a manner that identifies or
23 would permit the identification of any natural person.
24 (Source: P.A. 98-463, eff. 8-16-13.)
25 (210 ILCS 85/9.9 new)
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1 Sec. 9.9. Compliance with the Hospital Price Transparency
2 Act. A hospital licensed under this Act shall comply with the
3 Hospital Price Transparency Act.
4 Section 99. Effective date. This Act takes effect January
5 1, 2024.
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