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 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 89/15 210 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 LRB103 27565 CPF 53941 b A BILL FOR SB2080LRB103 27565 CPF 53941 b SB2080 LRB103 27565 CPF 53941 b SB2080 LRB103 27565 CPF 53941 b 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 5. The Fair Patient Billing Act is amended by 5 changing Sections 5, 10, and 30 and by adding Section 16 as 6 follows: 7 (210 ILCS 88/5) 8 Sec. 5. Purpose; findings. 9 (a) The purpose of this Act is to advance the prompt and 10 accurate payment of health care services through fair and 11 reasonable billing and collection practices of hospitals. 12 (b) The General Assembly finds that: 13 (1) Medical debts are the cause of an increasing 14 number of bankruptcies in Illinois and are typically 15 associated with severe financial hardship incurred by 16 bankrupt persons and their families. 17 (2) Patients, hospitals, and government bodies alike 18 will benefit from clearly articulated standards regarding 19 fair billing and collection practices for all Illinois 20 hospitals. 21 (3) Hospitals should employ responsible standards when 22 collecting debt from their patients. 23 (4) Patients should be provided sufficient billing 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 89/15 210 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 LRB103 27565 CPF 53941 b A BILL FOR 210 ILCS 88/5 210 ILCS 88/10 210 ILCS 88/16 new 210 ILCS 88/30 210 ILCS 89/15 LRB103 27565 CPF 53941 b SB2080 LRB103 27565 CPF 53941 b SB2080- 2 -LRB103 27565 CPF 53941 b SB2080 - 2 - LRB103 27565 CPF 53941 b SB2080 - 2 - LRB103 27565 CPF 53941 b 1 information from hospitals to determine the accuracy of 2 the bills for which they may be financially responsible. 3 (5) Patients should be given a fair and reasonable 4 opportunity to discuss and assess the accuracy of their 5 bill. 6 (6) Patients should be provided information regarding 7 the hospital's policies regarding financial assistance 8 options the hospital may offer to qualified patients. 9 (7) Hospitals should offer patients the opportunity to 10 enter into a reasonable payment plan for their hospital 11 care. 12 (8) Patients have an obligation to pay for the 13 hospital services they receive. 14 (9) Hospitals should provide patients with timely and 15 meaningful access to the hospital's financial assistance 16 options to prevent patients from incurring avoidable 17 medical debt. Hospitals should assist patients who need 18 financial assistance in accessing financial assistance in 19 a culturally competent manner. Patients should not be 20 improperly billed, steered into payment plans, or 21 collected upon if they are eligible for hospital financial 22 assistance or public health insurance coverage. 23 (10) Hospitals have an obligation to provide financial 24 assistance to uninsured patients. To promote the general 25 welfare, hospitals should not attempt to collect a debt 26 from an uninsured patient without first (i) adequately SB2080 - 2 - LRB103 27565 CPF 53941 b SB2080- 3 -LRB103 27565 CPF 53941 b SB2080 - 3 - LRB103 27565 CPF 53941 b SB2080 - 3 - LRB103 27565 CPF 53941 b 1 screening the patient for eligibility to enroll in public 2 health insurance programs and financial assistance and 3 (ii) assisting the patient in obtaining the financial 4 assistance for which the patient is eligible. 5 (Source: P.A. 94-885, eff. 1-1-07.) 6 (210 ILCS 88/10) 7 Sec. 10. Definitions. As used in this Act: 8 "Collection action" means any referral of a bill to a 9 collection agency or law firm to collect payment for services 10 from a patient or a patient's guarantor for hospital services. 11 "Culturally competent" or "cultural competency" means 12 providing services, support, or other assistance in a manner 13 that has the greatest likelihood of ensuring maximum 14 participation and is responsive to the beliefs, interpersonal 15 styles, attitudes, languages, and behaviors of individuals who 16 receive services. 17 "Health care plan" means a health insurance company, 18 health maintenance organization, preferred provider 19 arrangement, or third party administrator authorized in this 20 State to issue policies or subscriber contracts or administer 21 those policies and contracts that reimburse for inpatient and 22 outpatient services provided in a hospital. Health care plan, 23 however, does not include any government-funded program such 24 as Medicare or Medicaid, workers' compensation, and accident 25 liability insurers. SB2080 - 3 - LRB103 27565 CPF 53941 b SB2080- 4 -LRB103 27565 CPF 53941 b SB2080 - 4 - LRB103 27565 CPF 53941 b SB2080 - 4 - LRB103 27565 CPF 53941 b 1 "Insured patient" means a patient who is insured by a 2 health care plan. 3 "Medical debt" means a debt arising from the receipt of 4 health care services. 5 "Patient" means the individual receiving services from the 6 hospital and any individual who is the guarantor of the 7 payment for such services. 8 "Reasonable payment plan" means a plan to pay a hospital 9 bill that is offered to the patient or the patient's legal 10 representative and takes into account the patient's available 11 income and assets, the amount owed, and any prior payments. 12 "Reasonable payment plan" does not include a payment plan that 13 requires a patient to pay moneys that the hospital knows or 14 should know are eligible for a discount under the Hospital 15 Uninsured Patient Discount Act. 16 "Screen" or "screening" means a process whereby a hospital 17 engages with an uninsured patient to review whether the 18 patient's circumstances are conducive with eligibility 19 criteria for financial assistance that is offered by the 20 hospital or known to the hospital, public health insurance, or 21 discounted care. "Screen" or "screening" includes, but is not 22 limited to, informing the patient of the hospital's 23 assessment, documenting the circumstances of the screening in 24 the patient's file, and either assisting with the 25 application's completion or providing information to the 26 patient about how he or she can enroll or otherwise apply for SB2080 - 4 - LRB103 27565 CPF 53941 b SB2080- 5 -LRB103 27565 CPF 53941 b SB2080 - 5 - LRB103 27565 CPF 53941 b SB2080 - 5 - LRB103 27565 CPF 53941 b 1 the assistance. 2 "Uninsured patient" means a patient who is not insured by 3 a health care plan and is not a beneficiary under a 4 government-funded program, workers' compensation, or accident 5 liability insurance. 6 (Source: P.A. 94-885, eff. 1-1-07.) 7 (210 ILCS 88/16 new) 8 Sec. 16. Screening for health insurance and financial 9 assistance; sale of medical debt; enforcement. 10 (a) A hospital shall screen each uninsured patient for 11 eligibility in: 12 (1) all available public health insurance programs, 13 including, but not limited to: 14 (A) Medicare; 15 (B) Medicaid; 16 (C) the following programs offered by the 17 Department of Human Services: 18 (i) medical benefits for noncitizen victims of 19 trafficking, torture, or other serious crimes; 20 (ii) health benefits for immigrant adults; and 21 (iii) health benefits for immigrant seniors; 22 (D) the Illinois All Kids program managed by the 23 U.S. Department of Health and Human Services; and 24 (E) any other program if there is a reasonable 25 basis to believe that the uninsured patient may be SB2080 - 5 - LRB103 27565 CPF 53941 b SB2080- 6 -LRB103 27565 CPF 53941 b SB2080 - 6 - LRB103 27565 CPF 53941 b SB2080 - 6 - LRB103 27565 CPF 53941 b 1 eligible for it; 2 (2) any financial assistance offered by the hospital; 3 and 4 (3) any other public programs that may assist with the 5 patient's health care costs. 6 (b) All screening activities taken under this Act, 7 including, but not limited to, initial screenings and follow 8 up activities, must be culturally competent. All information 9 provided to an uninsured patient for a screening must be in the 10 uninsured patient's primary language, worded in a way that is 11 easy to understand, and in an accessible format. Information 12 from a screening that is provided to an uninsured patient 13 verbally may include use of a professional interpretation 14 service. Information from a screening that is provided to an 15 uninsured patient in writing shall be in the uninsured 16 patient's or the uninsured patient's legal representative's 17 primary language, if applicable. 18 (c) If an uninsured patient declines the screening 19 described in subsection (a), the hospital shall document the 20 uninsured patient's informed written consent to decline the 21 screening and the date and method by which the uninsured 22 patient declined it. An uninsured patient's decision to 23 decline a screening is a defense to a claim brought by an 24 uninsured patient under this Section if contemporaneous 25 hospital documentation shows that the decision to decline the 26 screening was an informed decision and presented in the SB2080 - 6 - LRB103 27565 CPF 53941 b SB2080- 7 -LRB103 27565 CPF 53941 b SB2080 - 7 - LRB103 27565 CPF 53941 b SB2080 - 7 - LRB103 27565 CPF 53941 b 1 uninsured patient's primary language. 2 (d) A hospital must screen an uninsured patient at the 3 earliest reasonable moment, which in all circumstances means 4 before issuing a bill to the uninsured patient. After the 5 screening, the hospital shall inform the uninsured patient of 6 the hospital's assessment of his or her circumstances. 7 (e) If a screening indicates that the uninsured patient 8 may be eligible for financial assistance, the hospital shall 9 assist the uninsured patient with applying for financial 10 assistance in accordance with Section 27. 11 (f) If a screening indicates that the uninsured patient 12 may be eligible for financial assistance, the hospital shall 13 provide information to the uninsured patient detailing how the 14 uninsured patient can enroll in the financial assistance, 15 including, but not limited to, referring the uninsured patient 16 to health care navigators who provide free and unbiased 17 eligibility and enrollment assistance such as Federally 18 Qualified Health Centers (FQHCs), programs offered by the 19 Department of Human Services, or any other resource that is 20 recognized by the State as being designed to assist uninsured 21 individuals in obtaining health care coverage. 22 (g) The date that an uninsured patient's screening takes 23 place, or the date on which a decision regarding the uninsured 24 patient's eligibility for financial assistance described under 25 subsection (a) is pending, whichever is applicable, is the 26 starting date of any deadline for the uninsured patient to SB2080 - 7 - LRB103 27565 CPF 53941 b SB2080- 8 -LRB103 27565 CPF 53941 b SB2080 - 8 - LRB103 27565 CPF 53941 b SB2080 - 8 - LRB103 27565 CPF 53941 b 1 file an application with the hospital for financial 2 assistance. If the uninsured patient's application is 3 approved, the hospital shall bill the entity providing the 4 financial assistance and shall not pursue a collection action 5 against the uninsured patient. If the uninsured patient's 6 application is denied, the hospital shall screen the uninsured 7 patient again, and the deadline to file an application for 8 financial assistance shall begin anew. 9 (h) If a hospital is contacted by an insured patient in 10 response to a bill issued by the hospital to the insured 11 patient, the hospital shall screen the insured patient for 12 discounted care at the earliest reasonable moment if (i) the 13 insured patient requests the screening, (ii) the insured 14 patient provides information suggesting his or her inability 15 to pay the bill, (iii) the hospital obtains information 16 suggesting the insured patient's inability to pay, or (iv) 17 circumstances suggest the insured patient's inability to pay 18 the bill. 19 (i) A hospital shall develop an operational plan for 20 implementing the screening requirements under this Section. 21 The operational plan shall describe hospital activities to 22 adopt and actively implement policies and training to ensure 23 compliance with this Section, including, but not limited to, 24 training on: 25 (1) screening requirements; 26 (2) interacting with uninsured patients in a SB2080 - 8 - LRB103 27565 CPF 53941 b SB2080- 9 -LRB103 27565 CPF 53941 b SB2080 - 9 - LRB103 27565 CPF 53941 b SB2080 - 9 - LRB103 27565 CPF 53941 b 1 culturally competent way; and 2 (3) addressing implicit bias when interacting with 3 uninsured patients. 4 The operational plan shall establish the parameters for 5 training required under this subsection, including, but not 6 limited to, staff required to receive the training and 7 ensuring compliance with this Section. Each hospital employee 8 shall receive the training, as applicable, required for that 9 employee's position at least once each year. 10 (j) An uninsured patient may apply for financial 11 assistance at any time before, during, or after a hospital has 12 initiated any legal process to collect the uninsured patient's 13 medical debt. 14 (k) A hospital shall not sell an obligation due to the 15 hospital as an uninsured patient's medical debt. 16 (l) A hospital may demonstrate compliance with this 17 Section by submitting the hospital's chief financial 18 officer's, or the chief financial officer's designee's, sworn 19 affidavit affirming that the uninsured patient does not meet 20 the required criteria for financial assistance and listing the 21 specific criteria that were not met. 22 (m) Notwithstanding any other provision of law: 23 (1) a hospital that violates this Section shall 24 execute and file a release, a satisfaction of judgment, or 25 both, as applicable, for any medical debt at issue arising 26 from the violation within 30 days after the violation SB2080 - 9 - LRB103 27565 CPF 53941 b SB2080- 10 -LRB103 27565 CPF 53941 b SB2080 - 10 - LRB103 27565 CPF 53941 b SB2080 - 10 - LRB103 27565 CPF 53941 b 1 occurs; 2 (2) a hospital's failure to screen an uninsured 3 patient in compliance with this Section is a complete 4 defense for an uninsured patient against any legal action 5 by the hospital to collect the uninsured patient's medical 6 debt incurred because of that failure and constitutes a 7 meritorious claim or defense in the uninsured patient's 8 petition for relief from judgment under Section 2-1401 of 9 the Code of Civil Procedure; 10 (3) a hospital that fails to comply with the 11 requirements of this Section is strictly liable, without 12 regard to fault, to an uninsured patient or any other 13 person aggrieved by the violation: 14 (A) in an amount equal to $4,000 or the uninsured 15 patient's or person's actual damages, whichever is 16 greater; and 17 (B) attorney's fees, costs, and expenses, and such 18 other relief, including an injunction, as the court 19 may deem appropriate; 20 (4) the following defenses are not available to a 21 hospital in any legal action brought under this Section: 22 (A) ignorance or mistake of law; 23 (B) misplaced documentation; 24 (C) contributory or comparative negligence; or 25 (D) a claim that the hospital or the hospital's 26 agent was unaware that the hospital (i) did not meet SB2080 - 10 - LRB103 27565 CPF 53941 b SB2080- 11 -LRB103 27565 CPF 53941 b SB2080 - 11 - LRB103 27565 CPF 53941 b SB2080 - 11 - LRB103 27565 CPF 53941 b 1 the requirements under this Section or (ii) was 2 otherwise engaged in the hospital's conduct described 3 in the legal action; 4 (5) any person aggrieved by a violation of this 5 Section shall have a right of action in any court of 6 competent jurisdiction and shall recover damages equal to 7 the sum of $4,000 or actual damages; and 8 (6) any waiver of an uninsured patient's or aggrieved 9 person's right to sue, defend, or countersue under this 10 Section is against public policy, is void, and shall not 11 be enforceable in any court. 12 (210 ILCS 88/30) 13 Sec. 30. Pursuing collection action. 14 (a) Hospitals and their agents may pursue collection 15 action against an uninsured patient only if the following 16 conditions are met: 17 (1) The hospital has given the uninsured patient the 18 opportunity to: 19 (A) assess the accuracy of the bill; 20 (B) apply for financial assistance under the 21 hospital's financial assistance policy; and 22 (C) avail themselves of a reasonable payment plan. 23 (2) If the uninsured patient has indicated an 24 inability to pay the full amount of the debt in one payment 25 during the screening required under Section 16, the SB2080 - 11 - LRB103 27565 CPF 53941 b SB2080- 12 -LRB103 27565 CPF 53941 b SB2080 - 12 - LRB103 27565 CPF 53941 b SB2080 - 12 - LRB103 27565 CPF 53941 b 1 hospital has offered the patient a reasonable payment 2 plan. A payment plan is not reasonable if it requires 3 payment of moneys required to be written off or discounted 4 under the Hospital Uninsured Patient Discount Act. The 5 hospital and its agents, including, but not limited to, 6 third-party entities acting as hospital agents, shall not 7 offer a payment plan to an uninsured patient without first 8 exhausting any discount available to the uninsured patient 9 under the Hospital Uninsured Patient Discount Act and 10 shall not at any point enter into a payment plan for a bill 11 that is eligible to be discounted by 100% under the 12 Hospital Uninsured Patient Discount Act. The hospital may 13 require the uninsured patient to provide reasonable 14 verification of his or her inability to pay the full 15 amount of the debt in one payment. 16 (3) To the extent the hospital provides financial 17 assistance and the circumstances of the uninsured patient 18 suggest the potential for eligibility for charity care, 19 the uninsured patient has been given at least 90 60 days 20 following the date of discharge or receipt of outpatient 21 care to submit an application for financial assistance and 22 has been assisted in completing the application in 23 accordance with Sections 16 and 27. 24 (4) If the uninsured patient has agreed to a 25 reasonable payment plan with the hospital, and the patient 26 has failed to make payments in accordance with that SB2080 - 12 - LRB103 27565 CPF 53941 b SB2080- 13 -LRB103 27565 CPF 53941 b SB2080 - 13 - LRB103 27565 CPF 53941 b SB2080 - 13 - LRB103 27565 CPF 53941 b 1 reasonable payment plan. 2 (5) If the uninsured patient informs the hospital that 3 he or she has applied for health care coverage under 4 Medicaid, Kidcare, or other government-sponsored health 5 care program (and there is a reasonable basis to believe 6 that the patient will qualify for such program) but the 7 patient's application is denied. 8 (6) The hospital has offered to provide the uninsured 9 patient with all financial assistance available to the 10 uninsured patient under the Hospital Uninsured Patient 11 Discount Act. 12 (7) The hospital has screened the uninsured patient 13 under Section 16 and is in full compliance with that 14 Section. 15 (a-5) A hospital shall proactively offer information on 16 charity care options available to uninsured patients, 17 regardless of their immigration status or residency. 18 (b) A hospital may not refer a bill, or portion thereof, to 19 a collection agency or attorney for collection action against 20 the insured patient, without first offering the patient the 21 opportunity to request a reasonable payment plan for the 22 amount personally owed by the patient. Such an opportunity 23 shall be made available for the 30 days following the date of 24 the initial bill. If the insured patient requests a reasonable 25 payment plan, but fails to agree to a plan within 30 days of 26 the request, the hospital may proceed with collection action SB2080 - 13 - LRB103 27565 CPF 53941 b SB2080- 14 -LRB103 27565 CPF 53941 b SB2080 - 14 - LRB103 27565 CPF 53941 b SB2080 - 14 - LRB103 27565 CPF 53941 b 1 against the patient. 2 (c) No collection agency, law firm, or individual may 3 initiate legal action for non-payment of a hospital bill 4 against a patient without the written approval of an 5 authorized hospital employee who reasonably believes that the 6 conditions for pursuing collection action under this Section 7 have been met. 8 (d) Nothing in this Section prohibits a hospital from 9 engaging an outside third party agency, firm, or individual to 10 manage the process of implementing the hospital's financial 11 assistance and reasonable payment plan programs and policies 12 so long as such agency, firm, or individual is contractually 13 bound to comply with the terms of this Act. 14 (Source: P.A. 102-504, eff. 12-1-21.) 15 Section 10. The Hospital Uninsured Patient Discount Act is 16 amended by changing Section 15 as follows: 17 (210 ILCS 89/15) 18 Sec. 15. Patient responsibility. 19 (a) Hospitals may make the availability of a discount and 20 the maximum collectible amount under this Act contingent upon 21 the uninsured patient first applying for coverage under public 22 health insurance programs, such as Medicare, Medicaid, 23 AllKids, the State Children's Health Insurance Program, or any 24 other program, if there is a reasonable basis to believe that SB2080 - 14 - LRB103 27565 CPF 53941 b SB2080- 15 -LRB103 27565 CPF 53941 b SB2080 - 15 - LRB103 27565 CPF 53941 b SB2080 - 15 - LRB103 27565 CPF 53941 b 1 the uninsured patient may be eligible for such program, unless 2 the patient declines to apply for a public health insurance 3 program on the basis of concern for immigration-related 4 consequences to the patient, which shall not be grounds for 5 the hospital to deny financial assistance under the hospital's 6 financial assistance policy. 7 (b) Hospitals shall permit an uninsured patient to apply 8 for a discount within 90 days of the date of discharge or date 9 of service. 10 Hospitals shall offer uninsured patients who receive 11 community-based primary care provided by a community health 12 center or a free and charitable clinic, are referred by such an 13 entity to the hospital, and seek access to nonemergency 14 hospital-based health care services with an opportunity to be 15 screened for and assistance with applying for public health 16 insurance programs if there is a reasonable basis to believe 17 that the uninsured patient may be eligible for a public health 18 insurance program. An uninsured patient who receives 19 community-based primary care provided by a community health 20 center or free and charitable clinic and is referred by such an 21 entity to the hospital for whom there is not a reasonable basis 22 to believe that the uninsured patient may be eligible for a 23 public health insurance program shall be given the opportunity 24 to apply for hospital financial assistance when hospital 25 services are scheduled. 26 (1) Income verification. Hospitals may require an SB2080 - 15 - LRB103 27565 CPF 53941 b SB2080- 16 -LRB103 27565 CPF 53941 b SB2080 - 16 - LRB103 27565 CPF 53941 b SB2080 - 16 - LRB103 27565 CPF 53941 b 1 uninsured patient who is requesting an uninsured discount 2 to provide documentation of family income. Acceptable 3 family income documentation shall include any one of the 4 following: 5 (A) a copy of the most recent tax return; 6 (B) a copy of the most recent W-2 form and 1099 7 forms; 8 (C) copies of the 2 most recent pay stubs; 9 (D) written income verification from an employer 10 if paid in cash; or 11 (E) one other reasonable form of third party 12 income verification deemed acceptable to the hospital. 13 (2) Asset verification. Hospitals may require an 14 uninsured patient who is requesting an uninsured discount 15 to certify the existence or absence of assets owned by the 16 patient and to provide documentation of the value of such 17 assets, except for those assets referenced in paragraph 18 (4) of subsection (c) of Section 10. Acceptable 19 documentation may include statements from financial 20 institutions or some other third party verification of an 21 asset's value. If no third party verification exists, then 22 the patient shall certify as to the estimated value of the 23 asset. 24 (3) Illinois resident verification. Hospitals may 25 require an uninsured patient who is requesting an 26 uninsured discount to verify Illinois residency. SB2080 - 16 - LRB103 27565 CPF 53941 b SB2080- 17 -LRB103 27565 CPF 53941 b SB2080 - 17 - LRB103 27565 CPF 53941 b SB2080 - 17 - LRB103 27565 CPF 53941 b 1 Acceptable verification of Illinois residency shall 2 include any one of the following: 3 (A) any of the documents listed in paragraph (1); 4 (B) a valid state-issued identification card; 5 (C) a recent residential utility bill; 6 (D) a lease agreement; 7 (E) a vehicle registration card; 8 (F) a voter registration card; 9 (G) mail addressed to the uninsured patient at an 10 Illinois address from a government or other credible 11 source; 12 (H) a statement from a family member of the 13 uninsured patient who resides at the same address and 14 presents verification of residency; 15 (I) a letter from a homeless shelter, transitional 16 house or other similar facility verifying that the 17 uninsured patient resides at the facility; or 18 (J) a temporary visitor's drivers license. 19 (c) Hospital obligations toward an individual uninsured 20 patient under this Act shall cease if that patient 21 unreasonably fails or refuses to provide the hospital with 22 information or documentation requested under subsection (b) or 23 to apply for coverage under public programs when requested 24 under subsection (a) within 30 days of the hospital's request. 25 (d) In order for a hospital to determine the 12 month 26 maximum amount that can be collected from a patient deemed SB2080 - 17 - LRB103 27565 CPF 53941 b SB2080- 18 -LRB103 27565 CPF 53941 b SB2080 - 18 - LRB103 27565 CPF 53941 b SB2080 - 18 - LRB103 27565 CPF 53941 b 1 eligible under Section 10, an uninsured patient shall inform 2 the hospital in subsequent inpatient admissions or outpatient 3 encounters that the patient has previously received health 4 care services from that hospital and was determined to be 5 entitled to the uninsured discount. 6 (e) Hospitals may require patients to certify that all of 7 the information provided in the application is true. The 8 application may state that if any of the information is 9 untrue, any discount granted to the patient is forfeited and 10 the patient is responsible for payment of the hospital's full 11 charges. 12 (f) Hospitals shall ask for an applicant's race, 13 ethnicity, sex, and preferred language on the financial 14 assistance application. However, the questions shall be 15 clearly marked as optional responses for the patient and shall 16 note that responses or nonresponses by the patient will not 17 have any impact on the outcome of the application. 18 (Source: P.A. 102-581, eff. 1-1-22.) SB2080 - 18 - LRB103 27565 CPF 53941 b