Illinois 2023-2024 Regular Session

Illinois Senate Bill SB0241 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0241 Introduced 1/31/2023, by Sen. Laura Ellman SYNOPSIS AS INTRODUCED: 215 ILCS 5/356z.3215 ILCS 5/356z.3a215 ILCS 124/10 Amends the Illinois Insurance Code. Makes a change in provisions concerning disclosure of nonparticipating provider limited benefits. Adds reproductive health care to the definition of "ancillary services". Amends the Network Adequacy and Transparency Act. Provides that an insurer providing a network plan shall file a description with the Director of Insurance of written policies and procedures on how the network plan will provide 24-hour, 7-day per week access to reproductive health care. Provides that the Department of Insurance shall consider establishing ratios for reproductive health care physicians or other providers. Effective July 1, 2024, except that certain changes take effect January 1, 2025. LRB103 27273 BMS 53644 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0241 Introduced 1/31/2023, by Sen. Laura Ellman SYNOPSIS AS INTRODUCED: 215 ILCS 5/356z.3215 ILCS 5/356z.3a215 ILCS 124/10 215 ILCS 5/356z.3 215 ILCS 5/356z.3a 215 ILCS 124/10 Amends the Illinois Insurance Code. Makes a change in provisions concerning disclosure of nonparticipating provider limited benefits. Adds reproductive health care to the definition of "ancillary services". Amends the Network Adequacy and Transparency Act. Provides that an insurer providing a network plan shall file a description with the Director of Insurance of written policies and procedures on how the network plan will provide 24-hour, 7-day per week access to reproductive health care. Provides that the Department of Insurance shall consider establishing ratios for reproductive health care physicians or other providers. Effective July 1, 2024, except that certain changes take effect January 1, 2025. LRB103 27273 BMS 53644 b LRB103 27273 BMS 53644 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0241 Introduced 1/31/2023, by Sen. Laura Ellman SYNOPSIS AS INTRODUCED:
33 215 ILCS 5/356z.3215 ILCS 5/356z.3a215 ILCS 124/10 215 ILCS 5/356z.3 215 ILCS 5/356z.3a 215 ILCS 124/10
44 215 ILCS 5/356z.3
55 215 ILCS 5/356z.3a
66 215 ILCS 124/10
77 Amends the Illinois Insurance Code. Makes a change in provisions concerning disclosure of nonparticipating provider limited benefits. Adds reproductive health care to the definition of "ancillary services". Amends the Network Adequacy and Transparency Act. Provides that an insurer providing a network plan shall file a description with the Director of Insurance of written policies and procedures on how the network plan will provide 24-hour, 7-day per week access to reproductive health care. Provides that the Department of Insurance shall consider establishing ratios for reproductive health care physicians or other providers. Effective July 1, 2024, except that certain changes take effect January 1, 2025.
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1313 1 AN ACT concerning regulation.
1414 2 Be it enacted by the People of the State of Illinois,
1515 3 represented in the General Assembly:
1616 4 Section 5. The Illinois Insurance Code is amended by
1717 5 changing Sections 356z.3 and 356z.3a as follows:
1818 6 (215 ILCS 5/356z.3)
1919 7 Sec. 356z.3. Disclosure of limited benefit. An insurer
2020 8 that issues, delivers, amends, or renews an individual or
2121 9 group policy of accident and health insurance in this State
2222 10 after the effective date of this amendatory Act of the 92nd
2323 11 General Assembly and arranges, contracts with, or administers
2424 12 contracts with a provider whereby beneficiaries are provided
2525 13 an incentive to use the services of such provider must include
2626 14 the following disclosure on its contracts and evidences of
2727 15 coverage: "WARNING, LIMITED BENEFITS WILL BE PAID WHEN
2828 16 NON-PARTICIPATING PROVIDERS ARE USED. You should be aware that
2929 17 when you elect to utilize the services of a non-participating
3030 18 provider for a covered service in non-emergency situations,
3131 19 benefit payments to such non-participating provider are not
3232 20 based upon the amount billed. The basis of your benefit
3333 21 payment will be determined according to your policy's fee
3434 22 schedule, usual and customary charge (which is determined by
3535 23 comparing charges for similar services adjusted to the
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3939 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0241 Introduced 1/31/2023, by Sen. Laura Ellman SYNOPSIS AS INTRODUCED:
4040 215 ILCS 5/356z.3215 ILCS 5/356z.3a215 ILCS 124/10 215 ILCS 5/356z.3 215 ILCS 5/356z.3a 215 ILCS 124/10
4141 215 ILCS 5/356z.3
4242 215 ILCS 5/356z.3a
4343 215 ILCS 124/10
4444 Amends the Illinois Insurance Code. Makes a change in provisions concerning disclosure of nonparticipating provider limited benefits. Adds reproductive health care to the definition of "ancillary services". Amends the Network Adequacy and Transparency Act. Provides that an insurer providing a network plan shall file a description with the Director of Insurance of written policies and procedures on how the network plan will provide 24-hour, 7-day per week access to reproductive health care. Provides that the Department of Insurance shall consider establishing ratios for reproductive health care physicians or other providers. Effective July 1, 2024, except that certain changes take effect January 1, 2025.
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7474 1 geographical area where the services are performed), or other
7575 2 method as defined by the policy. YOU CAN EXPECT TO PAY MORE
7676 3 THAN THE COINSURANCE AMOUNT DEFINED IN THE POLICY AFTER THE
7777 4 PLAN HAS PAID ITS REQUIRED PORTION. Non-participating
7878 5 providers may bill members for any amount up to the billed
7979 6 charge after the plan has paid its portion of the bill, except
8080 7 as provided in Section 356z.3a of the Illinois Insurance Code
8181 8 for covered services received at a participating health care
8282 9 facility from a nonparticipating provider that are: (a)
8383 10 ancillary services, (b) items or services furnished as a
8484 11 result of unforeseen, urgent medical needs that arise at the
8585 12 time the item or service is furnished, or (c) items or services
8686 13 received when the facility or the non-participating provider
8787 14 fails to satisfy the notice and consent criteria specified
8888 15 under Section 356z.3a, or (d) reproductive health care, as
8989 16 defined in Section 1-10 of the Reproductive Health Act.
9090 17 Participating providers have agreed to accept discounted
9191 18 payments for services with no additional billing to the member
9292 19 other than co-insurance and deductible amounts. You may obtain
9393 20 further information about the participating status of
9494 21 professional providers and information on out-of-pocket
9595 22 expenses by calling the toll free telephone number on your
9696 23 identification card.".
9797 24 (Source: P.A. 102-901, eff. 1-1-23.)
9898 25 (215 ILCS 5/356z.3a)
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109109 1 Sec. 356z.3a. Billing; emergency services;
110110 2 nonparticipating providers.
111111 3 (a) As used in this Section:
112112 4 "Ancillary services" means:
113113 5 (1) items and services related to emergency medicine,
114114 6 anesthesiology, pathology, radiology, and neonatology that
115115 7 are provided by any health care provider;
116116 8 (2) items and services provided by assistant surgeons,
117117 9 hospitalists, and intensivists;
118118 10 (3) diagnostic services, including radiology and
119119 11 laboratory services, except for advanced diagnostic
120120 12 laboratory tests identified on the most current list
121121 13 published by the United States Secretary of Health and
122122 14 Human Services under 42 U.S.C. 300gg-132(b)(3);
123123 15 (4) items and services provided by other specialty
124124 16 practitioners as the United States Secretary of Health and
125125 17 Human Services specifies through rulemaking under 42
126126 18 U.S.C. 300gg-132(b)(3);
127127 19 (5) items and services provided by a nonparticipating
128128 20 provider if there is no participating provider who can
129129 21 furnish the item or service at the facility; and
130130 22 (6) items and services provided by a nonparticipating
131131 23 provider if there is no participating provider who will
132132 24 furnish the item or service because a participating
133133 25 provider has asserted the participating provider's rights
134134 26 under the Health Care Right of Conscience Act; and .
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145145 1 (7) reproductive health care, as defined in Section
146146 2 1-10 of the Reproductive Health Act.
147147 3 "Cost sharing" means the amount an insured, beneficiary,
148148 4 or enrollee is responsible for paying for a covered item or
149149 5 service under the terms of the policy or certificate. "Cost
150150 6 sharing" includes copayments, coinsurance, and amounts paid
151151 7 toward deductibles, but does not include amounts paid towards
152152 8 premiums, balance billing by out-of-network providers, or the
153153 9 cost of items or services that are not covered under the policy
154154 10 or certificate.
155155 11 "Emergency department of a hospital" means any hospital
156156 12 department that provides emergency services, including a
157157 13 hospital outpatient department.
158158 14 "Emergency medical condition" has the meaning ascribed to
159159 15 that term in Section 10 of the Managed Care Reform and Patient
160160 16 Rights Act.
161161 17 "Emergency medical screening examination" has the meaning
162162 18 ascribed to that term in Section 10 of the Managed Care Reform
163163 19 and Patient Rights Act.
164164 20 "Emergency services" means, with respect to an emergency
165165 21 medical condition:
166166 22 (1) in general, an emergency medical screening
167167 23 examination, including ancillary services routinely
168168 24 available to the emergency department to evaluate such
169169 25 emergency medical condition, and such further medical
170170 26 examination and treatment as would be required to
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181181 1 stabilize the patient regardless of the department of the
182182 2 hospital or other facility in which such further
183183 3 examination or treatment is furnished; or
184184 4 (2) additional items and services for which benefits
185185 5 are provided or covered under the coverage and that are
186186 6 furnished by a nonparticipating provider or
187187 7 nonparticipating emergency facility regardless of the
188188 8 department of the hospital or other facility in which such
189189 9 items are furnished after the insured, beneficiary, or
190190 10 enrollee is stabilized and as part of outpatient
191191 11 observation or an inpatient or outpatient stay with
192192 12 respect to the visit in which the services described in
193193 13 paragraph (1) are furnished. Services after stabilization
194194 14 cease to be emergency services only when all the
195195 15 conditions of 42 U.S.C. 300gg-111(a)(3)(C)(ii)(II) and
196196 16 regulations thereunder are met.
197197 17 "Freestanding Emergency Center" means a facility licensed
198198 18 under Section 32.5 of the Emergency Medical Services (EMS)
199199 19 Systems Act.
200200 20 "Health care facility" means, in the context of
201201 21 non-emergency services, any of the following:
202202 22 (1) a hospital as defined in 42 U.S.C. 1395x(e);
203203 23 (2) a hospital outpatient department;
204204 24 (3) a critical access hospital certified under 42
205205 25 U.S.C. 1395i-4(e);
206206 26 (4) an ambulatory surgical treatment center as defined
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217217 1 in the Ambulatory Surgical Treatment Center Act; or
218218 2 (5) any recipient of a license under the Hospital
219219 3 Licensing Act that is not otherwise described in this
220220 4 definition.
221221 5 "Health care provider" means a provider as defined in
222222 6 subsection (d) of Section 370g. "Health care provider" does
223223 7 not include a provider of air ambulance or ground ambulance
224224 8 services.
225225 9 "Health care services" has the meaning ascribed to that
226226 10 term in subsection (a) of Section 370g.
227227 11 "Health insurance issuer" has the meaning ascribed to that
228228 12 term in Section 5 of the Illinois Health Insurance Portability
229229 13 and Accountability Act.
230230 14 "Nonparticipating emergency facility" means, with respect
231231 15 to the furnishing of an item or service under a policy of group
232232 16 or individual health insurance coverage, any of the following
233233 17 facilities that does not have a contractual relationship
234234 18 directly or indirectly with a health insurance issuer in
235235 19 relation to the coverage:
236236 20 (1) an emergency department of a hospital;
237237 21 (2) a Freestanding Emergency Center;
238238 22 (3) an ambulatory surgical treatment center as defined
239239 23 in the Ambulatory Surgical Treatment Center Act; or
240240 24 (4) with respect to emergency services described in
241241 25 paragraph (2) of the definition of "emergency services", a
242242 26 hospital.
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253253 1 "Nonparticipating provider" means, with respect to the
254254 2 furnishing of an item or service under a policy of group or
255255 3 individual health insurance coverage, any health care provider
256256 4 who does not have a contractual relationship directly or
257257 5 indirectly with a health insurance issuer in relation to the
258258 6 coverage.
259259 7 "Participating emergency facility" means any of the
260260 8 following facilities that has a contractual relationship
261261 9 directly or indirectly with a health insurance issuer offering
262262 10 group or individual health insurance coverage setting forth
263263 11 the terms and conditions on which a relevant health care
264264 12 service is provided to an insured, beneficiary, or enrollee
265265 13 under the coverage:
266266 14 (1) an emergency department of a hospital;
267267 15 (2) a Freestanding Emergency Center;
268268 16 (3) an ambulatory surgical treatment center as defined
269269 17 in the Ambulatory Surgical Treatment Center Act; or
270270 18 (4) with respect to emergency services described in
271271 19 paragraph (2) of the definition of "emergency services", a
272272 20 hospital.
273273 21 For purposes of this definition, a single case agreement
274274 22 between an emergency facility and an issuer that is used to
275275 23 address unique situations in which an insured, beneficiary, or
276276 24 enrollee requires services that typically occur out-of-network
277277 25 constitutes a contractual relationship and is limited to the
278278 26 parties to the agreement.
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289289 1 "Participating health care facility" means any health care
290290 2 facility that has a contractual relationship directly or
291291 3 indirectly with a health insurance issuer offering group or
292292 4 individual health insurance coverage setting forth the terms
293293 5 and conditions on which a relevant health care service is
294294 6 provided to an insured, beneficiary, or enrollee under the
295295 7 coverage. A single case agreement between an emergency
296296 8 facility and an issuer that is used to address unique
297297 9 situations in which an insured, beneficiary, or enrollee
298298 10 requires services that typically occur out-of-network
299299 11 constitutes a contractual relationship for purposes of this
300300 12 definition and is limited to the parties to the agreement.
301301 13 "Participating provider" means any health care provider
302302 14 that has a contractual relationship directly or indirectly
303303 15 with a health insurance issuer offering group or individual
304304 16 health insurance coverage setting forth the terms and
305305 17 conditions on which a relevant health care service is provided
306306 18 to an insured, beneficiary, or enrollee under the coverage.
307307 19 "Qualifying payment amount" has the meaning given to that
308308 20 term in 42 U.S.C. 300gg-111(a)(3)(E) and the regulations
309309 21 promulgated thereunder.
310310 22 "Recognized amount" means the lesser of the amount
311311 23 initially billed by the provider or the qualifying payment
312312 24 amount.
313313 25 "Stabilize" means "stabilization" as defined in Section 10
314314 26 of the Managed Care Reform and Patient Rights Act.
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325325 1 "Treating provider" means a health care provider who has
326326 2 evaluated the individual.
327327 3 "Visit" means, with respect to health care services
328328 4 furnished to an individual at a health care facility, health
329329 5 care services furnished by a provider at the facility, as well
330330 6 as equipment, devices, telehealth services, imaging services,
331331 7 laboratory services, and preoperative and postoperative
332332 8 services regardless of whether the provider furnishing such
333333 9 services is at the facility.
334334 10 (b) Emergency services. When a beneficiary, insured, or
335335 11 enrollee receives emergency services from a nonparticipating
336336 12 provider or a nonparticipating emergency facility, the health
337337 13 insurance issuer shall ensure that the beneficiary, insured,
338338 14 or enrollee shall incur no greater out-of-pocket costs than
339339 15 the beneficiary, insured, or enrollee would have incurred with
340340 16 a participating provider or a participating emergency
341341 17 facility. Any cost-sharing requirements shall be applied as
342342 18 though the emergency services had been received from a
343343 19 participating provider or a participating facility. Cost
344344 20 sharing shall be calculated based on the recognized amount for
345345 21 the emergency services. If the cost sharing for the same item
346346 22 or service furnished by a participating provider would have
347347 23 been a flat-dollar copayment, that amount shall be the
348348 24 cost-sharing amount unless the provider has billed a lesser
349349 25 total amount. In no event shall the beneficiary, insured,
350350 26 enrollee, or any group policyholder or plan sponsor be liable
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361361 1 to or billed by the health insurance issuer, the
362362 2 nonparticipating provider, or the nonparticipating emergency
363363 3 facility for any amount beyond the cost sharing calculated in
364364 4 accordance with this subsection with respect to the emergency
365365 5 services delivered. Administrative requirements or limitations
366366 6 shall be no greater than those applicable to emergency
367367 7 services received from a participating provider or a
368368 8 participating emergency facility.
369369 9 (b-5) Non-emergency services at participating health care
370370 10 facilities.
371371 11 (1) When a beneficiary, insured, or enrollee utilizes
372372 12 a participating health care facility and, due to any
373373 13 reason, covered ancillary services are provided by a
374374 14 nonparticipating provider during or resulting from the
375375 15 visit, the health insurance issuer shall ensure that the
376376 16 beneficiary, insured, or enrollee shall incur no greater
377377 17 out-of-pocket costs than the beneficiary, insured, or
378378 18 enrollee would have incurred with a participating provider
379379 19 for the ancillary services. Any cost-sharing requirements
380380 20 shall be applied as though the ancillary services had been
381381 21 received from a participating provider. Cost sharing shall
382382 22 be calculated based on the recognized amount for the
383383 23 ancillary services. If the cost sharing for the same item
384384 24 or service furnished by a participating provider would
385385 25 have been a flat-dollar copayment, that amount shall be
386386 26 the cost-sharing amount unless the provider has billed a
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397397 1 lesser total amount. In no event shall the beneficiary,
398398 2 insured, enrollee, or any group policyholder or plan
399399 3 sponsor be liable to or billed by the health insurance
400400 4 issuer, the nonparticipating provider, or the
401401 5 participating health care facility for any amount beyond
402402 6 the cost sharing calculated in accordance with this
403403 7 subsection with respect to the ancillary services
404404 8 delivered. In addition to ancillary services, the
405405 9 requirements of this paragraph shall also apply with
406406 10 respect to covered items or services furnished as a result
407407 11 of unforeseen, urgent medical needs that arise at the time
408408 12 an item or service is furnished, regardless of whether the
409409 13 nonparticipating provider satisfied the notice and consent
410410 14 criteria under paragraph (2) of this subsection.
411411 15 (2) When a beneficiary, insured, or enrollee utilizes
412412 16 a participating health care facility and receives
413413 17 non-emergency covered health care services other than
414414 18 those described in paragraph (1) of this subsection from a
415415 19 nonparticipating provider during or resulting from the
416416 20 visit, the health insurance issuer shall ensure that the
417417 21 beneficiary, insured, or enrollee incurs no greater
418418 22 out-of-pocket costs than the beneficiary, insured, or
419419 23 enrollee would have incurred with a participating provider
420420 24 unless the nonparticipating provider or the participating
421421 25 health care facility on behalf of the nonparticipating
422422 26 provider satisfies the notice and consent criteria
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433433 1 provided in 42 U.S.C. 300gg-132 and regulations
434434 2 promulgated thereunder. If the notice and consent criteria
435435 3 are not satisfied, then:
436436 4 (A) any cost-sharing requirements shall be applied
437437 5 as though the health care services had been received
438438 6 from a participating provider;
439439 7 (B) cost sharing shall be calculated based on the
440440 8 recognized amount for the health care services; and
441441 9 (C) in no event shall the beneficiary, insured,
442442 10 enrollee, or any group policyholder or plan sponsor be
443443 11 liable to or billed by the health insurance issuer,
444444 12 the nonparticipating provider, or the participating
445445 13 health care facility for any amount beyond the cost
446446 14 sharing calculated in accordance with this subsection
447447 15 with respect to the health care services delivered.
448448 16 (c) Notwithstanding any other provision of this Code,
449449 17 except when the notice and consent criteria are satisfied for
450450 18 the situation in paragraph (2) of subsection (b-5), any
451451 19 benefits a beneficiary, insured, or enrollee receives for
452452 20 services under the situations in subsection (b) or (b-5) are
453453 21 assigned to the nonparticipating providers or the facility
454454 22 acting on their behalf. Upon receipt of the provider's bill or
455455 23 facility's bill, the health insurance issuer shall provide the
456456 24 nonparticipating provider or the facility with a written
457457 25 explanation of benefits that specifies the proposed
458458 26 reimbursement and the applicable deductible, copayment, or
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469469 1 coinsurance amounts owed by the insured, beneficiary, or
470470 2 enrollee. The health insurance issuer shall pay any
471471 3 reimbursement subject to this Section directly to the
472472 4 nonparticipating provider or the facility.
473473 5 (d) For bills assigned under subsection (c), the
474474 6 nonparticipating provider or the facility may bill the health
475475 7 insurance issuer for the services rendered, and the health
476476 8 insurance issuer may pay the billed amount or attempt to
477477 9 negotiate reimbursement with the nonparticipating provider or
478478 10 the facility. Within 30 calendar days after the provider or
479479 11 facility transmits the bill to the health insurance issuer,
480480 12 the issuer shall send an initial payment or notice of denial of
481481 13 payment with the written explanation of benefits to the
482482 14 provider or facility. If attempts to negotiate reimbursement
483483 15 for services provided by a nonparticipating provider do not
484484 16 result in a resolution of the payment dispute within 30 days
485485 17 after receipt of written explanation of benefits by the health
486486 18 insurance issuer, then the health insurance issuer or
487487 19 nonparticipating provider or the facility may initiate binding
488488 20 arbitration to determine payment for services provided on a
489489 21 per-bill basis. The party requesting arbitration shall notify
490490 22 the other party arbitration has been initiated and state its
491491 23 final offer before arbitration. In response to this notice,
492492 24 the nonrequesting party shall inform the requesting party of
493493 25 its final offer before the arbitration occurs. Arbitration
494494 26 shall be initiated by filing a request with the Department of
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505505 1 Insurance.
506506 2 (e) The Department of Insurance shall publish a list of
507507 3 approved arbitrators or entities that shall provide binding
508508 4 arbitration. These arbitrators shall be American Arbitration
509509 5 Association or American Health Lawyers Association trained
510510 6 arbitrators. Both parties must agree on an arbitrator from the
511511 7 Department of Insurance's or its approved entity's list of
512512 8 arbitrators. If no agreement can be reached, then a list of 5
513513 9 arbitrators shall be provided by the Department of Insurance
514514 10 or the approved entity. From the list of 5 arbitrators, the
515515 11 health insurance issuer can veto 2 arbitrators and the
516516 12 provider or facility can veto 2 arbitrators. The remaining
517517 13 arbitrator shall be the chosen arbitrator. This arbitration
518518 14 shall consist of a review of the written submissions by both
519519 15 parties. The arbitrator shall not establish a rebuttable
520520 16 presumption that the qualifying payment amount should be the
521521 17 total amount owed to the provider or facility by the
522522 18 combination of the issuer and the insured, beneficiary, or
523523 19 enrollee. Binding arbitration shall provide for a written
524524 20 decision within 45 days after the request is filed with the
525525 21 Department of Insurance. Both parties shall be bound by the
526526 22 arbitrator's decision. The arbitrator's expenses and fees,
527527 23 together with other expenses, not including attorney's fees,
528528 24 incurred in the conduct of the arbitration, shall be paid as
529529 25 provided in the decision.
530530 26 (f) (Blank).
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541541 1 (g) Section 368a of this Act shall not apply during the
542542 2 pendency of a decision under subsection (d). Upon the issuance
543543 3 of the arbitrator's decision, Section 368a applies with
544544 4 respect to the amount, if any, by which the arbitrator's
545545 5 determination exceeds the issuer's initial payment under
546546 6 subsection (c), or the entire amount of the arbitrator's
547547 7 determination if initial payment was denied. Any interest
548548 8 required to be paid to a provider under Section 368a shall not
549549 9 accrue until after 30 days of an arbitrator's decision as
550550 10 provided in subsection (d), but in no circumstances longer
551551 11 than 150 days from the date the nonparticipating
552552 12 facility-based provider billed for services rendered.
553553 13 (h) Nothing in this Section shall be interpreted to change
554554 14 the prudent layperson provisions with respect to emergency
555555 15 services under the Managed Care Reform and Patient Rights Act.
556556 16 (i) Nothing in this Section shall preclude a health care
557557 17 provider from billing a beneficiary, insured, or enrollee for
558558 18 reasonable administrative fees, such as service fees for
559559 19 checks returned for nonsufficient funds and missed
560560 20 appointments.
561561 21 (j) Nothing in this Section shall preclude a beneficiary,
562562 22 insured, or enrollee from assigning benefits to a
563563 23 nonparticipating provider when the notice and consent criteria
564564 24 are satisfied under paragraph (2) of subsection (b-5) or in
565565 25 any other situation not described in subsection (b) or (b-5).
566566 26 (k) Except when the notice and consent criteria are
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577577 1 satisfied under paragraph (2) of subsection (b-5), if an
578578 2 individual receives health care services under the situations
579579 3 described in subsection (b) or (b-5), no referral requirement
580580 4 or any other provision contained in the policy or certificate
581581 5 of coverage shall deny coverage, reduce benefits, or otherwise
582582 6 defeat the requirements of this Section for services that
583583 7 would have been covered with a participating provider.
584584 8 However, this subsection shall not be construed to preclude a
585585 9 provider contract with a health insurance issuer, or with an
586586 10 administrator or similar entity acting on the issuer's behalf,
587587 11 from imposing requirements on the participating provider,
588588 12 participating emergency facility, or participating health care
589589 13 facility relating to the referral of covered individuals to
590590 14 nonparticipating providers.
591591 15 (l) Except if the notice and consent criteria are
592592 16 satisfied under paragraph (2) of subsection (b-5),
593593 17 cost-sharing amounts calculated in conformity with this
594594 18 Section shall count toward any deductible or out-of-pocket
595595 19 maximum applicable to in-network coverage.
596596 20 (m) The Department has the authority to enforce the
597597 21 requirements of this Section in the situations described in
598598 22 subsections (b) and (b-5), and in any other situation for
599599 23 which 42 U.S.C. Chapter 6A, Subchapter XXV, Parts D or E and
600600 24 regulations promulgated thereunder would prohibit an
601601 25 individual from being billed or liable for emergency services
602602 26 furnished by a nonparticipating provider or nonparticipating
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613613 1 emergency facility or for non-emergency health care services
614614 2 furnished by a nonparticipating provider at a participating
615615 3 health care facility.
616616 4 (n) This Section does not apply with respect to air
617617 5 ambulance or ground ambulance services. This Section does not
618618 6 apply to any policy of excepted benefits or to short-term,
619619 7 limited-duration health insurance coverage.
620620 8 (Source: P.A. 102-901, eff. 7-1-22; 102-1117, eff. 1-13-23.)
621621 9 Section 10. The Network Adequacy and Transparency Act is
622622 10 amended by changing Section 10 as follows:
623623 11 (215 ILCS 124/10)
624624 12 Sec. 10. Network adequacy.
625625 13 (a) An insurer providing a network plan shall file a
626626 14 description of all of the following with the Director:
627627 15 (1) The written policies and procedures for adding
628628 16 providers to meet patient needs based on increases in the
629629 17 number of beneficiaries, changes in the
630630 18 patient-to-provider ratio, changes in medical and health
631631 19 care capabilities, and increased demand for services.
632632 20 (2) The written policies and procedures for making
633633 21 referrals within and outside the network.
634634 22 (3) The written policies and procedures on how the
635635 23 network plan will provide 24-hour, 7-day per week access
636636 24 to network-affiliated primary care, emergency services,
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647647 1 reproductive health care, and women's principal health
648648 2 care providers.
649649 3 An insurer shall not prohibit a preferred provider from
650650 4 discussing any specific or all treatment options with
651651 5 beneficiaries irrespective of the insurer's position on those
652652 6 treatment options or from advocating on behalf of
653653 7 beneficiaries within the utilization review, grievance, or
654654 8 appeals processes established by the insurer in accordance
655655 9 with any rights or remedies available under applicable State
656656 10 or federal law.
657657 11 (b) Insurers must file for review a description of the
658658 12 services to be offered through a network plan. The description
659659 13 shall include all of the following:
660660 14 (1) A geographic map of the area proposed to be served
661661 15 by the plan by county service area and zip code, including
662662 16 marked locations for preferred providers.
663663 17 (2) As deemed necessary by the Department, the names,
664664 18 addresses, phone numbers, and specialties of the providers
665665 19 who have entered into preferred provider agreements under
666666 20 the network plan.
667667 21 (3) The number of beneficiaries anticipated to be
668668 22 covered by the network plan.
669669 23 (4) An Internet website and toll-free telephone number
670670 24 for beneficiaries and prospective beneficiaries to access
671671 25 current and accurate lists of preferred providers,
672672 26 additional information about the plan, as well as any
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683683 1 other information required by Department rule.
684684 2 (5) A description of how health care services to be
685685 3 rendered under the network plan are reasonably accessible
686686 4 and available to beneficiaries. The description shall
687687 5 address all of the following:
688688 6 (A) the type of health care services to be
689689 7 provided by the network plan;
690690 8 (B) the ratio of physicians and other providers to
691691 9 beneficiaries, by specialty and including primary care
692692 10 physicians and facility-based physicians when
693693 11 applicable under the contract, necessary to meet the
694694 12 health care needs and service demands of the currently
695695 13 enrolled population;
696696 14 (C) the travel and distance standards for plan
697697 15 beneficiaries in county service areas; and
698698 16 (D) a description of how the use of telemedicine,
699699 17 telehealth, or mobile care services may be used to
700700 18 partially meet the network adequacy standards, if
701701 19 applicable.
702702 20 (6) A provision ensuring that whenever a beneficiary
703703 21 has made a good faith effort, as evidenced by accessing
704704 22 the provider directory, calling the network plan, and
705705 23 calling the provider, to utilize preferred providers for a
706706 24 covered service and it is determined the insurer does not
707707 25 have the appropriate preferred providers due to
708708 26 insufficient number, type, unreasonable travel distance or
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719719 1 delay, or preferred providers refusing to provide a
720720 2 covered service because it is contrary to the conscience
721721 3 of the preferred providers, as protected by the Health
722722 4 Care Right of Conscience Act, the insurer shall ensure,
723723 5 directly or indirectly, by terms contained in the payer
724724 6 contract, that the beneficiary will be provided the
725725 7 covered service at no greater cost to the beneficiary than
726726 8 if the service had been provided by a preferred provider.
727727 9 This paragraph (6) does not apply to: (A) a beneficiary
728728 10 who willfully chooses to access a non-preferred provider
729729 11 for health care services available through the panel of
730730 12 preferred providers, or (B) a beneficiary enrolled in a
731731 13 health maintenance organization. In these circumstances,
732732 14 the contractual requirements for non-preferred provider
733733 15 reimbursements shall apply unless Section 356z.3a of the
734734 16 Illinois Insurance Code requires otherwise. In no event
735735 17 shall a beneficiary who receives care at a participating
736736 18 health care facility be required to search for
737737 19 participating providers under the circumstances described
738738 20 in subsection (b) or (b-5) of Section 356z.3a of the
739739 21 Illinois Insurance Code except under the circumstances
740740 22 described in paragraph (2) of subsection (b-5).
741741 23 (7) A provision that the beneficiary shall receive
742742 24 emergency care coverage such that payment for this
743743 25 coverage is not dependent upon whether the emergency
744744 26 services are performed by a preferred or non-preferred
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755755 1 provider and the coverage shall be at the same benefit
756756 2 level as if the service or treatment had been rendered by a
757757 3 preferred provider. For purposes of this paragraph (7),
758758 4 "the same benefit level" means that the beneficiary is
759759 5 provided the covered service at no greater cost to the
760760 6 beneficiary than if the service had been provided by a
761761 7 preferred provider. This provision shall be consistent
762762 8 with Section 356z.3a of the Illinois Insurance Code.
763763 9 (8) A limitation that, if the plan provides that the
764764 10 beneficiary will incur a penalty for failing to
765765 11 pre-certify inpatient hospital treatment, the penalty may
766766 12 not exceed $1,000 per occurrence in addition to the plan
767767 13 cost sharing provisions.
768768 14 (c) The network plan shall demonstrate to the Director a
769769 15 minimum ratio of providers to plan beneficiaries as required
770770 16 by the Department.
771771 17 (1) The ratio of physicians or other providers to plan
772772 18 beneficiaries shall be established annually by the
773773 19 Department in consultation with the Department of Public
774774 20 Health based upon the guidance from the federal Centers
775775 21 for Medicare and Medicaid Services. The Department shall
776776 22 not establish ratios for vision or dental providers who
777777 23 provide services under dental-specific or vision-specific
778778 24 benefits. The Department shall consider establishing
779779 25 ratios for the following physicians or other providers:
780780 26 (A) Primary Care;
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791791 1 (B) Pediatrics;
792792 2 (C) Cardiology;
793793 3 (D) Gastroenterology;
794794 4 (E) General Surgery;
795795 5 (F) Neurology;
796796 6 (G) OB/GYN;
797797 7 (H) Oncology/Radiation;
798798 8 (I) Ophthalmology;
799799 9 (J) Urology;
800800 10 (K) Behavioral Health;
801801 11 (L) Allergy/Immunology;
802802 12 (M) Chiropractic;
803803 13 (N) Dermatology;
804804 14 (O) Endocrinology;
805805 15 (P) Ears, Nose, and Throat (ENT)/Otolaryngology;
806806 16 (Q) Infectious Disease;
807807 17 (R) Nephrology;
808808 18 (S) Neurosurgery;
809809 19 (T) Orthopedic Surgery;
810810 20 (U) Physiatry/Rehabilitative;
811811 21 (V) Plastic Surgery;
812812 22 (W) Pulmonary;
813813 23 (X) Rheumatology;
814814 24 (Y) Anesthesiology;
815815 25 (Z) Pain Medicine;
816816 26 (AA) Pediatric Specialty Services;
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827827 1 (BB) Outpatient Dialysis; and
828828 2 (CC) HIV; and .
829829 3 (DD) Reproductive Health Care.
830830 4 (2) The Director shall establish a process for the
831831 5 review of the adequacy of these standards, along with an
832832 6 assessment of additional specialties to be included in the
833833 7 list under this subsection (c).
834834 8 (d) The network plan shall demonstrate to the Director
835835 9 maximum travel and distance standards for plan beneficiaries,
836836 10 which shall be established annually by the Department in
837837 11 consultation with the Department of Public Health based upon
838838 12 the guidance from the federal Centers for Medicare and
839839 13 Medicaid Services. These standards shall consist of the
840840 14 maximum minutes or miles to be traveled by a plan beneficiary
841841 15 for each county type, such as large counties, metro counties,
842842 16 or rural counties as defined by Department rule.
843843 17 The maximum travel time and distance standards must
844844 18 include standards for each physician and other provider
845845 19 category listed for which ratios have been established.
846846 20 The Director shall establish a process for the review of
847847 21 the adequacy of these standards along with an assessment of
848848 22 additional specialties to be included in the list under this
849849 23 subsection (d).
850850 24 (d-5)(1) Every insurer shall ensure that beneficiaries
851851 25 have timely and proximate access to treatment for mental,
852852 26 emotional, nervous, or substance use disorders or conditions
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863863 1 in accordance with the provisions of paragraph (4) of
864864 2 subsection (a) of Section 370c of the Illinois Insurance Code.
865865 3 Insurers shall use a comparable process, strategy, evidentiary
866866 4 standard, and other factors in the development and application
867867 5 of the network adequacy standards for timely and proximate
868868 6 access to treatment for mental, emotional, nervous, or
869869 7 substance use disorders or conditions and those for the access
870870 8 to treatment for medical and surgical conditions. As such, the
871871 9 network adequacy standards for timely and proximate access
872872 10 shall equally be applied to treatment facilities and providers
873873 11 for mental, emotional, nervous, or substance use disorders or
874874 12 conditions and specialists providing medical or surgical
875875 13 benefits pursuant to the parity requirements of Section 370c.1
876876 14 of the Illinois Insurance Code and the federal Paul Wellstone
877877 15 and Pete Domenici Mental Health Parity and Addiction Equity
878878 16 Act of 2008. Notwithstanding the foregoing, the network
879879 17 adequacy standards for timely and proximate access to
880880 18 treatment for mental, emotional, nervous, or substance use
881881 19 disorders or conditions shall, at a minimum, satisfy the
882882 20 following requirements:
883883 21 (A) For beneficiaries residing in the metropolitan
884884 22 counties of Cook, DuPage, Kane, Lake, McHenry, and Will,
885885 23 network adequacy standards for timely and proximate access
886886 24 to treatment for mental, emotional, nervous, or substance
887887 25 use disorders or conditions means a beneficiary shall not
888888 26 have to travel longer than 30 minutes or 30 miles from the
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899899 1 beneficiary's residence to receive outpatient treatment
900900 2 for mental, emotional, nervous, or substance use disorders
901901 3 or conditions. Beneficiaries shall not be required to wait
902902 4 longer than 10 business days between requesting an initial
903903 5 appointment and being seen by the facility or provider of
904904 6 mental, emotional, nervous, or substance use disorders or
905905 7 conditions for outpatient treatment or to wait longer than
906906 8 20 business days between requesting a repeat or follow-up
907907 9 appointment and being seen by the facility or provider of
908908 10 mental, emotional, nervous, or substance use disorders or
909909 11 conditions for outpatient treatment; however, subject to
910910 12 the protections of paragraph (3) of this subsection, a
911911 13 network plan shall not be held responsible if the
912912 14 beneficiary or provider voluntarily chooses to schedule an
913913 15 appointment outside of these required time frames.
914914 16 (B) For beneficiaries residing in Illinois counties
915915 17 other than those counties listed in subparagraph (A) of
916916 18 this paragraph, network adequacy standards for timely and
917917 19 proximate access to treatment for mental, emotional,
918918 20 nervous, or substance use disorders or conditions means a
919919 21 beneficiary shall not have to travel longer than 60
920920 22 minutes or 60 miles from the beneficiary's residence to
921921 23 receive outpatient treatment for mental, emotional,
922922 24 nervous, or substance use disorders or conditions.
923923 25 Beneficiaries shall not be required to wait longer than 10
924924 26 business days between requesting an initial appointment
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935935 1 and being seen by the facility or provider of mental,
936936 2 emotional, nervous, or substance use disorders or
937937 3 conditions for outpatient treatment or to wait longer than
938938 4 20 business days between requesting a repeat or follow-up
939939 5 appointment and being seen by the facility or provider of
940940 6 mental, emotional, nervous, or substance use disorders or
941941 7 conditions for outpatient treatment; however, subject to
942942 8 the protections of paragraph (3) of this subsection, a
943943 9 network plan shall not be held responsible if the
944944 10 beneficiary or provider voluntarily chooses to schedule an
945945 11 appointment outside of these required time frames.
946946 12 (2) For beneficiaries residing in all Illinois counties,
947947 13 network adequacy standards for timely and proximate access to
948948 14 treatment for mental, emotional, nervous, or substance use
949949 15 disorders or conditions means a beneficiary shall not have to
950950 16 travel longer than 60 minutes or 60 miles from the
951951 17 beneficiary's residence to receive inpatient or residential
952952 18 treatment for mental, emotional, nervous, or substance use
953953 19 disorders or conditions.
954954 20 (3) If there is no in-network facility or provider
955955 21 available for a beneficiary to receive timely and proximate
956956 22 access to treatment for mental, emotional, nervous, or
957957 23 substance use disorders or conditions in accordance with the
958958 24 network adequacy standards outlined in this subsection, the
959959 25 insurer shall provide necessary exceptions to its network to
960960 26 ensure admission and treatment with a provider or at a
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971971 1 treatment facility in accordance with the network adequacy
972972 2 standards in this subsection.
973973 3 (e) Except for network plans solely offered as a group
974974 4 health plan, these ratio and time and distance standards apply
975975 5 to the lowest cost-sharing tier of any tiered network.
976976 6 (f) The network plan may consider use of other health care
977977 7 service delivery options, such as telemedicine or telehealth,
978978 8 mobile clinics, and centers of excellence, or other ways of
979979 9 delivering care to partially meet the requirements set under
980980 10 this Section.
981981 11 (g) Except for the requirements set forth in subsection
982982 12 (d-5), insurers who are not able to comply with the provider
983983 13 ratios and time and distance standards established by the
984984 14 Department may request an exception to these requirements from
985985 15 the Department. The Department may grant an exception in the
986986 16 following circumstances:
987987 17 (1) if no providers or facilities meet the specific
988988 18 time and distance standard in a specific service area and
989989 19 the insurer (i) discloses information on the distance and
990990 20 travel time points that beneficiaries would have to travel
991991 21 beyond the required criterion to reach the next closest
992992 22 contracted provider outside of the service area and (ii)
993993 23 provides contact information, including names, addresses,
994994 24 and phone numbers for the next closest contracted provider
995995 25 or facility;
996996 26 (2) if patterns of care in the service area do not
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10071007 1 support the need for the requested number of provider or
10081008 2 facility type and the insurer provides data on local
10091009 3 patterns of care, such as claims data, referral patterns,
10101010 4 or local provider interviews, indicating where the
10111011 5 beneficiaries currently seek this type of care or where
10121012 6 the physicians currently refer beneficiaries, or both; or
10131013 7 (3) other circumstances deemed appropriate by the
10141014 8 Department consistent with the requirements of this Act.
10151015 9 (h) Insurers are required to report to the Director any
10161016 10 material change to an approved network plan within 15 days
10171017 11 after the change occurs and any change that would result in
10181018 12 failure to meet the requirements of this Act. Upon notice from
10191019 13 the insurer, the Director shall reevaluate the network plan's
10201020 14 compliance with the network adequacy and transparency
10211021 15 standards of this Act.
10221022 16 (Source: P.A. 102-144, eff. 1-1-22; 102-901, eff. 7-1-22;
10231023 17 102-1117, eff. 1-13-23.)
10241024 18 Section 99. Effective date. This Act takes effect July 1,
10251025 19 2024, except that the changes to Section 356z.3 of the
10261026 20 Illinois Insurance Code take effect January 1, 2025.
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