Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2080 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2080 Introduced 2/9/2023, by Sen. Robert Peters SYNOPSIS AS INTRODUCED: 210 ILCS 88/5210 ILCS 88/10210 ILCS 88/16 new210 ILCS 88/30210 ILCS 89/15 Amends the Fair Patient Billing Act. Requires hospitals to screen patients for health insurance and financial assistance. Prohibits the sale of a patient's medical debt by a hospital. Prohibits hospitals from offering a payment plan to an uninsured patient without first exhausting any discount available to the uninsured patient under the Hospital Uninsured Patient Discount Act and from entering into a payment plan for a bill that is eligible to be discounted by 100% under the Hospital Uninsured Patient Discount Act. Makes other changes. Amends the Hospital Uninsured Patient Discount Act. Provides that hospital may not make the availability of a discount and maximum collectible amount contingent upon an uninsured patient's eligibility for specified programs if the patient declines to apply for a public health insurance program on the basis of concern for immigration-related consequences to the patient, which shall not be grounds for the hospital to deny financial assistance under the hospital's financial assistance policy. LRB103 27565 CPF 53941 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2080 Introduced 2/9/2023, by Sen. Robert Peters SYNOPSIS AS INTRODUCED: 210 ILCS 88/5210 ILCS 88/10210 ILCS 88/16 new210 ILCS 88/30210 ILCS 89/15 210 ILCS 88/5 210 ILCS 88/10 210 ILCS 88/16 new 210 ILCS 88/30 210 ILCS 89/15 Amends the Fair Patient Billing Act. Requires hospitals to screen patients for health insurance and financial assistance. Prohibits the sale of a patient's medical debt by a hospital. Prohibits hospitals from offering a payment plan to an uninsured patient without first exhausting any discount available to the uninsured patient under the Hospital Uninsured Patient Discount Act and from entering into a payment plan for a bill that is eligible to be discounted by 100% under the Hospital Uninsured Patient Discount Act. Makes other changes. Amends the Hospital Uninsured Patient Discount Act. Provides that hospital may not make the availability of a discount and maximum collectible amount contingent upon an uninsured patient's eligibility for specified programs if the patient declines to apply for a public health insurance program on the basis of concern for immigration-related consequences to the patient, which shall not be grounds for the hospital to deny financial assistance under the hospital's financial assistance policy. LRB103 27565 CPF 53941 b LRB103 27565 CPF 53941 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2080 Introduced 2/9/2023, by Sen. Robert Peters SYNOPSIS AS INTRODUCED:
3	3	210 ILCS 88/5210 ILCS 88/10210 ILCS 88/16 new210 ILCS 88/30210 ILCS 89/15 210 ILCS 88/5 210 ILCS 88/10 210 ILCS 88/16 new 210 ILCS 88/30 210 ILCS 89/15
4	4	210 ILCS 88/5
5	5	210 ILCS 88/10
6	6	210 ILCS 88/16 new
7	7	210 ILCS 88/30
8	8	210 ILCS 89/15
9	9	Amends the Fair Patient Billing Act. Requires hospitals to screen patients for health insurance and financial assistance. Prohibits the sale of a patient's medical debt by a hospital. Prohibits hospitals from offering a payment plan to an uninsured patient without first exhausting any discount available to the uninsured patient under the Hospital Uninsured Patient Discount Act and from entering into a payment plan for a bill that is eligible to be discounted by 100% under the Hospital Uninsured Patient Discount Act. Makes other changes. Amends the Hospital Uninsured Patient Discount Act. Provides that hospital may not make the availability of a discount and maximum collectible amount contingent upon an uninsured patient's eligibility for specified programs if the patient declines to apply for a public health insurance program on the basis of concern for immigration-related consequences to the patient, which shall not be grounds for the hospital to deny financial assistance under the hospital's financial assistance policy.
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15	15	1 AN ACT concerning regulation.
16	16	2 Be it enacted by the People of the State of Illinois,
17	17	3 represented in the General Assembly:
18	18	4 Section 5. The Fair Patient Billing Act is amended by
19	19	5 changing Sections 5, 10, and 30 and by adding Section 16 as
20	20	6 follows:
21	21	7 (210 ILCS 88/5)
22	22	8 Sec. 5. Purpose; findings.
23	23	9 (a) The purpose of this Act is to advance the prompt and
24	24	10 accurate payment of health care services through fair and
25	25	11 reasonable billing and collection practices of hospitals.
26	26	12 (b) The General Assembly finds that:
27	27	13 (1) Medical debts are the cause of an increasing
28	28	14 number of bankruptcies in Illinois and are typically
29	29	15 associated with severe financial hardship incurred by
30	30	16 bankrupt persons and their families.
31	31	17 (2) Patients, hospitals, and government bodies alike
32	32	18 will benefit from clearly articulated standards regarding
33	33	19 fair billing and collection practices for all Illinois
34	34	20 hospitals.
35	35	21 (3) Hospitals should employ responsible standards when
36	36	22 collecting debt from their patients.
37	37	23 (4) Patients should be provided sufficient billing
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41	41	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2080 Introduced 2/9/2023, by Sen. Robert Peters SYNOPSIS AS INTRODUCED:
42	42	210 ILCS 88/5210 ILCS 88/10210 ILCS 88/16 new210 ILCS 88/30210 ILCS 89/15 210 ILCS 88/5 210 ILCS 88/10 210 ILCS 88/16 new 210 ILCS 88/30 210 ILCS 89/15
43	43	210 ILCS 88/5
44	44	210 ILCS 88/10
45	45	210 ILCS 88/16 new
46	46	210 ILCS 88/30
47	47	210 ILCS 89/15
48	48	Amends the Fair Patient Billing Act. Requires hospitals to screen patients for health insurance and financial assistance. Prohibits the sale of a patient's medical debt by a hospital. Prohibits hospitals from offering a payment plan to an uninsured patient without first exhausting any discount available to the uninsured patient under the Hospital Uninsured Patient Discount Act and from entering into a payment plan for a bill that is eligible to be discounted by 100% under the Hospital Uninsured Patient Discount Act. Makes other changes. Amends the Hospital Uninsured Patient Discount Act. Provides that hospital may not make the availability of a discount and maximum collectible amount contingent upon an uninsured patient's eligibility for specified programs if the patient declines to apply for a public health insurance program on the basis of concern for immigration-related consequences to the patient, which shall not be grounds for the hospital to deny financial assistance under the hospital's financial assistance policy.
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51	51	A BILL FOR
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57	57	210 ILCS 88/5
58	58	210 ILCS 88/10
59	59	210 ILCS 88/16 new
60	60	210 ILCS 88/30
61	61	210 ILCS 89/15
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80	80	1 information from hospitals to determine the accuracy of
81	81	2 the bills for which they may be financially responsible.
82	82	3 (5) Patients should be given a fair and reasonable
83	83	4 opportunity to discuss and assess the accuracy of their
84	84	5 bill.
85	85	6 (6) Patients should be provided information regarding
86	86	7 the hospital's policies regarding financial assistance
87	87	8 options the hospital may offer to qualified patients.
88	88	9 (7) Hospitals should offer patients the opportunity to
89	89	10 enter into a reasonable payment plan for their hospital
90	90	11 care.
91	91	12 (8) Patients have an obligation to pay for the
92	92	13 hospital services they receive.
93	93	14 (9) Hospitals should provide patients with timely and
94	94	15 meaningful access to the hospital's financial assistance
95	95	16 options to prevent patients from incurring avoidable
96	96	17 medical debt. Hospitals should assist patients who need
97	97	18 financial assistance in accessing financial assistance in
98	98	19 a culturally competent manner. Patients should not be
99	99	20 improperly billed, steered into payment plans, or
100	100	21 collected upon if they are eligible for hospital financial
101	101	22 assistance or public health insurance coverage.
102	102	23 (10) Hospitals have an obligation to provide financial
103	103	24 assistance to uninsured patients. To promote the general
104	104	25 welfare, hospitals should not attempt to collect a debt
105	105	26 from an uninsured patient without first (i) adequately
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116	116	1 screening the patient for eligibility to enroll in public
117	117	2 health insurance programs and financial assistance and
118	118	3 (ii) assisting the patient in obtaining the financial
119	119	4 assistance for which the patient is eligible.
120	120	5 (Source: P.A. 94-885, eff. 1-1-07.)
121	121	6 (210 ILCS 88/10)
122	122	7 Sec. 10. Definitions. As used in this Act:
123	123	8 "Collection action" means any referral of a bill to a
124	124	9 collection agency or law firm to collect payment for services
125	125	10 from a patient or a patient's guarantor for hospital services.
126	126	11 "Culturally competent" or "cultural competency" means
127	127	12 providing services, support, or other assistance in a manner
128	128	13 that has the greatest likelihood of ensuring maximum
129	129	14 participation and is responsive to the beliefs, interpersonal
130	130	15 styles, attitudes, languages, and behaviors of individuals who
131	131	16 receive services.
132	132	17 "Health care plan" means a health insurance company,
133	133	18 health maintenance organization, preferred provider
134	134	19 arrangement, or third party administrator authorized in this
135	135	20 State to issue policies or subscriber contracts or administer
136	136	21 those policies and contracts that reimburse for inpatient and
137	137	22 outpatient services provided in a hospital. Health care plan,
138	138	23 however, does not include any government-funded program such
139	139	24 as Medicare or Medicaid, workers' compensation, and accident
140	140	25 liability insurers.
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151	151	1 "Insured patient" means a patient who is insured by a
152	152	2 health care plan.
153	153	3 "Medical debt" means a debt arising from the receipt of
154	154	4 health care services.
155	155	5 "Patient" means the individual receiving services from the
156	156	6 hospital and any individual who is the guarantor of the
157	157	7 payment for such services.
158	158	8 "Reasonable payment plan" means a plan to pay a hospital
159	159	9 bill that is offered to the patient or the patient's legal
160	160	10 representative and takes into account the patient's available
161	161	11 income and assets, the amount owed, and any prior payments.
162	162	12 "Reasonable payment plan" does not include a payment plan that
163	163	13 requires a patient to pay moneys that the hospital knows or
164	164	14 should know are eligible for a discount under the Hospital
165	165	15 Uninsured Patient Discount Act.
166	166	16 "Screen" or "screening" means a process whereby a hospital
167	167	17 engages with an uninsured patient to review whether the
168	168	18 patient's circumstances are conducive with eligibility
169	169	19 criteria for financial assistance that is offered by the
170	170	20 hospital or known to the hospital, public health insurance, or
171	171	21 discounted care. "Screen" or "screening" includes, but is not
172	172	22 limited to, informing the patient of the hospital's
173	173	23 assessment, documenting the circumstances of the screening in
174	174	24 the patient's file, and either assisting with the
175	175	25 application's completion or providing information to the
176	176	26 patient about how he or she can enroll or otherwise apply for
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187	187	1 the assistance.
188	188	2 "Uninsured patient" means a patient who is not insured by
189	189	3 a health care plan and is not a beneficiary under a
190	190	4 government-funded program, workers' compensation, or accident
191	191	5 liability insurance.
192	192	6 (Source: P.A. 94-885, eff. 1-1-07.)
193	193	7 (210 ILCS 88/16 new)
194	194	8 Sec. 16. Screening for health insurance and financial
195	195	9 assistance; sale of medical debt; enforcement.
196	196	10 (a) A hospital shall screen each uninsured patient for
197	197	11 eligibility in:
198	198	12 (1) all available public health insurance programs,
199	199	13 including, but not limited to:
200	200	14 (A) Medicare;
201	201	15 (B) Medicaid;
202	202	16 (C) the following programs offered by the
203	203	17 Department of Human Services:
204	204	18 (i) medical benefits for noncitizen victims of
205	205	19 trafficking, torture, or other serious crimes;
206	206	20 (ii) health benefits for immigrant adults; and
207	207	21 (iii) health benefits for immigrant seniors;
208	208	22 (D) the Illinois All Kids program managed by the
209	209	23 U.S. Department of Health and Human Services; and
210	210	24 (E) any other program if there is a reasonable
211	211	25 basis to believe that the uninsured patient may be
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222	222	1 eligible for it;
223	223	2 (2) any financial assistance offered by the hospital;
224	224	3 and
225	225	4 (3) any other public programs that may assist with the
226	226	5 patient's health care costs.
227	227	6 (b) All screening activities taken under this Act,
228	228	7 including, but not limited to, initial screenings and follow
229	229	8 up activities, must be culturally competent. All information
230	230	9 provided to an uninsured patient for a screening must be in the
231	231	10 uninsured patient's primary language, worded in a way that is
232	232	11 easy to understand, and in an accessible format. Information
233	233	12 from a screening that is provided to an uninsured patient
234	234	13 verbally may include use of a professional interpretation
235	235	14 service. Information from a screening that is provided to an
236	236	15 uninsured patient in writing shall be in the uninsured
237	237	16 patient's or the uninsured patient's legal representative's
238	238	17 primary language, if applicable.
239	239	18 (c) If an uninsured patient declines the screening
240	240	19 described in subsection (a), the hospital shall document the
241	241	20 uninsured patient's informed written consent to decline the
242	242	21 screening and the date and method by which the uninsured
243	243	22 patient declined it. An uninsured patient's decision to
244	244	23 decline a screening is a defense to a claim brought by an
245	245	24 uninsured patient under this Section if contemporaneous
246	246	25 hospital documentation shows that the decision to decline the
247	247	26 screening was an informed decision and presented in the
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258	258	1 uninsured patient's primary language.
259	259	2 (d) A hospital must screen an uninsured patient at the
260	260	3 earliest reasonable moment, which in all circumstances means
261	261	4 before issuing a bill to the uninsured patient. After the
262	262	5 screening, the hospital shall inform the uninsured patient of
263	263	6 the hospital's assessment of his or her circumstances.
264	264	7 (e) If a screening indicates that the uninsured patient
265	265	8 may be eligible for financial assistance, the hospital shall
266	266	9 assist the uninsured patient with applying for financial
267	267	10 assistance in accordance with Section 27.
268	268	11 (f) If a screening indicates that the uninsured patient
269	269	12 may be eligible for financial assistance, the hospital shall
270	270	13 provide information to the uninsured patient detailing how the
271	271	14 uninsured patient can enroll in the financial assistance,
272	272	15 including, but not limited to, referring the uninsured patient
273	273	16 to health care navigators who provide free and unbiased
274	274	17 eligibility and enrollment assistance such as Federally
275	275	18 Qualified Health Centers (FQHCs), programs offered by the
276	276	19 Department of Human Services, or any other resource that is
277	277	20 recognized by the State as being designed to assist uninsured
278	278	21 individuals in obtaining health care coverage.
279	279	22 (g) The date that an uninsured patient's screening takes
280	280	23 place, or the date on which a decision regarding the uninsured
281	281	24 patient's eligibility for financial assistance described under
282	282	25 subsection (a) is pending, whichever is applicable, is the
283	283	26 starting date of any deadline for the uninsured patient to
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294	294	1 file an application with the hospital for financial
295	295	2 assistance. If the uninsured patient's application is
296	296	3 approved, the hospital shall bill the entity providing the
297	297	4 financial assistance and shall not pursue a collection action
298	298	5 against the uninsured patient. If the uninsured patient's
299	299	6 application is denied, the hospital shall screen the uninsured
300	300	7 patient again, and the deadline to file an application for
301	301	8 financial assistance shall begin anew.
302	302	9 (h) If a hospital is contacted by an insured patient in
303	303	10 response to a bill issued by the hospital to the insured
304	304	11 patient, the hospital shall screen the insured patient for
305	305	12 discounted care at the earliest reasonable moment if (i) the
306	306	13 insured patient requests the screening, (ii) the insured
307	307	14 patient provides information suggesting his or her inability
308	308	15 to pay the bill, (iii) the hospital obtains information
309	309	16 suggesting the insured patient's inability to pay, or (iv)
310	310	17 circumstances suggest the insured patient's inability to pay
311	311	18 the bill.
312	312	19 (i) A hospital shall develop an operational plan for
313	313	20 implementing the screening requirements under this Section.
314	314	21 The operational plan shall describe hospital activities to
315	315	22 adopt and actively implement policies and training to ensure
316	316	23 compliance with this Section, including, but not limited to,
317	317	24 training on:
318	318	25 (1) screening requirements;
319	319	26 (2) interacting with uninsured patients in a
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330	330	1 culturally competent way; and
331	331	2 (3) addressing implicit bias when interacting with
332	332	3 uninsured patients.
333	333	4 The operational plan shall establish the parameters for
334	334	5 training required under this subsection, including, but not
335	335	6 limited to, staff required to receive the training and
336	336	7 ensuring compliance with this Section. Each hospital employee
337	337	8 shall receive the training, as applicable, required for that
338	338	9 employee's position at least once each year.
339	339	10 (j) An uninsured patient may apply for financial
340	340	11 assistance at any time before, during, or after a hospital has
341	341	12 initiated any legal process to collect the uninsured patient's
342	342	13 medical debt.
343	343	14 (k) A hospital shall not sell an obligation due to the
344	344	15 hospital as an uninsured patient's medical debt.
345	345	16 (l) A hospital may demonstrate compliance with this
346	346	17 Section by submitting the hospital's chief financial
347	347	18 officer's, or the chief financial officer's designee's, sworn
348	348	19 affidavit affirming that the uninsured patient does not meet
349	349	20 the required criteria for financial assistance and listing the
350	350	21 specific criteria that were not met.
351	351	22 (m) Notwithstanding any other provision of law:
352	352	23 (1) a hospital that violates this Section shall
353	353	24 execute and file a release, a satisfaction of judgment, or
354	354	25 both, as applicable, for any medical debt at issue arising
355	355	26 from the violation within 30 days after the violation
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366	366	1 occurs;
367	367	2 (2) a hospital's failure to screen an uninsured
368	368	3 patient in compliance with this Section is a complete
369	369	4 defense for an uninsured patient against any legal action
370	370	5 by the hospital to collect the uninsured patient's medical
371	371	6 debt incurred because of that failure and constitutes a
372	372	7 meritorious claim or defense in the uninsured patient's
373	373	8 petition for relief from judgment under Section 2-1401 of
374	374	9 the Code of Civil Procedure;
375	375	10 (3) a hospital that fails to comply with the
376	376	11 requirements of this Section is strictly liable, without
377	377	12 regard to fault, to an uninsured patient or any other
378	378	13 person aggrieved by the violation:
379	379	14 (A) in an amount equal to $4,000 or the uninsured
380	380	15 patient's or person's actual damages, whichever is
381	381	16 greater; and
382	382	17 (B) attorney's fees, costs, and expenses, and such
383	383	18 other relief, including an injunction, as the court
384	384	19 may deem appropriate;
385	385	20 (4) the following defenses are not available to a
386	386	21 hospital in any legal action brought under this Section:
387	387	22 (A) ignorance or mistake of law;
388	388	23 (B) misplaced documentation;
389	389	24 (C) contributory or comparative negligence; or
390	390	25 (D) a claim that the hospital or the hospital's
391	391	26 agent was unaware that the hospital (i) did not meet
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402	402	1 the requirements under this Section or (ii) was
403	403	2 otherwise engaged in the hospital's conduct described
404	404	3 in the legal action;
405	405	4 (5) any person aggrieved by a violation of this
406	406	5 Section shall have a right of action in any court of
407	407	6 competent jurisdiction and shall recover damages equal to
408	408	7 the sum of $4,000 or actual damages; and
409	409	8 (6) any waiver of an uninsured patient's or aggrieved
410	410	9 person's right to sue, defend, or countersue under this
411	411	10 Section is against public policy, is void, and shall not
412	412	11 be enforceable in any court.
413	413	12 (210 ILCS 88/30)
414	414	13 Sec. 30. Pursuing collection action.
415	415	14 (a) Hospitals and their agents may pursue collection
416	416	15 action against an uninsured patient only if the following
417	417	16 conditions are met:
418	418	17 (1) The hospital has given the uninsured patient the
419	419	18 opportunity to:
420	420	19 (A) assess the accuracy of the bill;
421	421	20 (B) apply for financial assistance under the
422	422	21 hospital's financial assistance policy; and
423	423	22 (C) avail themselves of a reasonable payment plan.
424	424	23 (2) If the uninsured patient has indicated an
425	425	24 inability to pay the full amount of the debt in one payment
426	426	25 during the screening required under Section 16, the
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437	437	1 hospital has offered the patient a reasonable payment
438	438	2 plan. A payment plan is not reasonable if it requires
439	439	3 payment of moneys required to be written off or discounted
440	440	4 under the Hospital Uninsured Patient Discount Act. The
441	441	5 hospital and its agents, including, but not limited to,
442	442	6 third-party entities acting as hospital agents, shall not
443	443	7 offer a payment plan to an uninsured patient without first
444	444	8 exhausting any discount available to the uninsured patient
445	445	9 under the Hospital Uninsured Patient Discount Act and
446	446	10 shall not at any point enter into a payment plan for a bill
447	447	11 that is eligible to be discounted by 100% under the
448	448	12 Hospital Uninsured Patient Discount Act. The hospital may
449	449	13 require the uninsured patient to provide reasonable
450	450	14 verification of his or her inability to pay the full
451	451	15 amount of the debt in one payment.
452	452	16 (3) To the extent the hospital provides financial
453	453	17 assistance and the circumstances of the uninsured patient
454	454	18 suggest the potential for eligibility for charity care,
455	455	19 the uninsured patient has been given at least 90 60 days
456	456	20 following the date of discharge or receipt of outpatient
457	457	21 care to submit an application for financial assistance and
458	458	22 has been assisted in completing the application in
459	459	23 accordance with Sections 16 and 27.
460	460	24 (4) If the uninsured patient has agreed to a
461	461	25 reasonable payment plan with the hospital, and the patient
462	462	26 has failed to make payments in accordance with that
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473	473	1 reasonable payment plan.
474	474	2 (5) If the uninsured patient informs the hospital that
475	475	3 he or she has applied for health care coverage under
476	476	4 Medicaid, Kidcare, or other government-sponsored health
477	477	5 care program (and there is a reasonable basis to believe
478	478	6 that the patient will qualify for such program) but the
479	479	7 patient's application is denied.
480	480	8 (6) The hospital has offered to provide the uninsured
481	481	9 patient with all financial assistance available to the
482	482	10 uninsured patient under the Hospital Uninsured Patient
483	483	11 Discount Act.
484	484	12 (7) The hospital has screened the uninsured patient
485	485	13 under Section 16 and is in full compliance with that
486	486	14 Section.
487	487	15 (a-5) A hospital shall proactively offer information on
488	488	16 charity care options available to uninsured patients,
489	489	17 regardless of their immigration status or residency.
490	490	18 (b) A hospital may not refer a bill, or portion thereof, to
491	491	19 a collection agency or attorney for collection action against
492	492	20 the insured patient, without first offering the patient the
493	493	21 opportunity to request a reasonable payment plan for the
494	494	22 amount personally owed by the patient. Such an opportunity
495	495	23 shall be made available for the 30 days following the date of
496	496	24 the initial bill. If the insured patient requests a reasonable
497	497	25 payment plan, but fails to agree to a plan within 30 days of
498	498	26 the request, the hospital may proceed with collection action
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509	509	1 against the patient.
510	510	2 (c) No collection agency, law firm, or individual may
511	511	3 initiate legal action for non-payment of a hospital bill
512	512	4 against a patient without the written approval of an
513	513	5 authorized hospital employee who reasonably believes that the
514	514	6 conditions for pursuing collection action under this Section
515	515	7 have been met.
516	516	8 (d) Nothing in this Section prohibits a hospital from
517	517	9 engaging an outside third party agency, firm, or individual to
518	518	10 manage the process of implementing the hospital's financial
519	519	11 assistance and reasonable payment plan programs and policies
520	520	12 so long as such agency, firm, or individual is contractually
521	521	13 bound to comply with the terms of this Act.
522	522	14 (Source: P.A. 102-504, eff. 12-1-21.)
523	523	15 Section 10. The Hospital Uninsured Patient Discount Act is
524	524	16 amended by changing Section 15 as follows:
525	525	17 (210 ILCS 89/15)
526	526	18 Sec. 15. Patient responsibility.
527	527	19 (a) Hospitals may make the availability of a discount and
528	528	20 the maximum collectible amount under this Act contingent upon
529	529	21 the uninsured patient first applying for coverage under public
530	530	22 health insurance programs, such as Medicare, Medicaid,
531	531	23 AllKids, the State Children's Health Insurance Program, or any
532	532	24 other program, if there is a reasonable basis to believe that
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543	543	1 the uninsured patient may be eligible for such program, unless
544	544	2 the patient declines to apply for a public health insurance
545	545	3 program on the basis of concern for immigration-related
546	546	4 consequences to the patient, which shall not be grounds for
547	547	5 the hospital to deny financial assistance under the hospital's
548	548	6 financial assistance policy.
549	549	7 (b) Hospitals shall permit an uninsured patient to apply
550	550	8 for a discount within 90 days of the date of discharge or date
551	551	9 of service.
552	552	10 Hospitals shall offer uninsured patients who receive
553	553	11 community-based primary care provided by a community health
554	554	12 center or a free and charitable clinic, are referred by such an
555	555	13 entity to the hospital, and seek access to nonemergency
556	556	14 hospital-based health care services with an opportunity to be
557	557	15 screened for and assistance with applying for public health
558	558	16 insurance programs if there is a reasonable basis to believe
559	559	17 that the uninsured patient may be eligible for a public health
560	560	18 insurance program. An uninsured patient who receives
561	561	19 community-based primary care provided by a community health
562	562	20 center or free and charitable clinic and is referred by such an
563	563	21 entity to the hospital for whom there is not a reasonable basis
564	564	22 to believe that the uninsured patient may be eligible for a
565	565	23 public health insurance program shall be given the opportunity
566	566	24 to apply for hospital financial assistance when hospital
567	567	25 services are scheduled.
568	568	26 (1) Income verification. Hospitals may require an
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579	579	1 uninsured patient who is requesting an uninsured discount
580	580	2 to provide documentation of family income. Acceptable
581	581	3 family income documentation shall include any one of the
582	582	4 following:
583	583	5 (A) a copy of the most recent tax return;
584	584	6 (B) a copy of the most recent W-2 form and 1099
585	585	7 forms;
586	586	8 (C) copies of the 2 most recent pay stubs;
587	587	9 (D) written income verification from an employer
588	588	10 if paid in cash; or
589	589	11 (E) one other reasonable form of third party
590	590	12 income verification deemed acceptable to the hospital.
591	591	13 (2) Asset verification. Hospitals may require an
592	592	14 uninsured patient who is requesting an uninsured discount
593	593	15 to certify the existence or absence of assets owned by the
594	594	16 patient and to provide documentation of the value of such
595	595	17 assets, except for those assets referenced in paragraph
596	596	18 (4) of subsection (c) of Section 10. Acceptable
597	597	19 documentation may include statements from financial
598	598	20 institutions or some other third party verification of an
599	599	21 asset's value. If no third party verification exists, then
600	600	22 the patient shall certify as to the estimated value of the
601	601	23 asset.
602	602	24 (3) Illinois resident verification. Hospitals may
603	603	25 require an uninsured patient who is requesting an
604	604	26 uninsured discount to verify Illinois residency.
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615	615	1 Acceptable verification of Illinois residency shall
616	616	2 include any one of the following:
617	617	3 (A) any of the documents listed in paragraph (1);
618	618	4 (B) a valid state-issued identification card;
619	619	5 (C) a recent residential utility bill;
620	620	6 (D) a lease agreement;
621	621	7 (E) a vehicle registration card;
622	622	8 (F) a voter registration card;
623	623	9 (G) mail addressed to the uninsured patient at an
624	624	10 Illinois address from a government or other credible
625	625	11 source;
626	626	12 (H) a statement from a family member of the
627	627	13 uninsured patient who resides at the same address and
628	628	14 presents verification of residency;
629	629	15 (I) a letter from a homeless shelter, transitional
630	630	16 house or other similar facility verifying that the
631	631	17 uninsured patient resides at the facility; or
632	632	18 (J) a temporary visitor's drivers license.
633	633	19 (c) Hospital obligations toward an individual uninsured
634	634	20 patient under this Act shall cease if that patient
635	635	21 unreasonably fails or refuses to provide the hospital with
636	636	22 information or documentation requested under subsection (b) or
637	637	23 to apply for coverage under public programs when requested
638	638	24 under subsection (a) within 30 days of the hospital's request.
639	639	25 (d) In order for a hospital to determine the 12 month
640	640	26 maximum amount that can be collected from a patient deemed
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651	651	1 eligible under Section 10, an uninsured patient shall inform
652	652	2 the hospital in subsequent inpatient admissions or outpatient
653	653	3 encounters that the patient has previously received health
654	654	4 care services from that hospital and was determined to be
655	655	5 entitled to the uninsured discount.
656	656	6 (e) Hospitals may require patients to certify that all of
657	657	7 the information provided in the application is true. The
658	658	8 application may state that if any of the information is
659	659	9 untrue, any discount granted to the patient is forfeited and
660	660	10 the patient is responsible for payment of the hospital's full
661	661	11 charges.
662	662	12 (f) Hospitals shall ask for an applicant's race,
663	663	13 ethnicity, sex, and preferred language on the financial
664	664	14 assistance application. However, the questions shall be
665	665	15 clearly marked as optional responses for the patient and shall
666	666	16 note that responses or nonresponses by the patient will not
667	667	17 have any impact on the outcome of the application.
668	668	18 (Source: P.A. 102-581, eff. 1-1-22.)
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