104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1471 Introduced 1/31/2025, by Sen. Linda Holmes SYNOPSIS AS INTRODUCED: 215 ILCS 5/356z.3a215 ILCS 5/370g from Ch. 73, par. 982g215 ILCS 125/4-15 from Ch. 111 1/2, par. 1409.8 Amends the Illinois Insurance Code. Provides that nothing in the provisions shall require an ambulance provider to bill a beneficiary, insured, enrollee, or health insurance issuer when prohibited by any other law, rule, ordinance, contract, or agreement. Limits home rule powers. Changes the definition of "emergency services" and "health care provider". Amends the Health Maintenance Organization Act. Removes language providing that upon reasonable demand by a provider of emergency transportation by ambulance, a health maintenance organization shall promptly pay to the provider, subject to coverage limitations stated in the contract or evidence of coverage, the charges for emergency transportation by ambulance provided to an enrollee in a health care plan arranged for by the health maintenance organization. LRB104 09860 BAB 19928 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1471 Introduced 1/31/2025, by Sen. Linda Holmes SYNOPSIS AS INTRODUCED: 215 ILCS 5/356z.3a215 ILCS 5/370g from Ch. 73, par. 982g215 ILCS 125/4-15 from Ch. 111 1/2, par. 1409.8 215 ILCS 5/356z.3a 215 ILCS 5/370g from Ch. 73, par. 982g 215 ILCS 125/4-15 from Ch. 111 1/2, par. 1409.8 Amends the Illinois Insurance Code. Provides that nothing in the provisions shall require an ambulance provider to bill a beneficiary, insured, enrollee, or health insurance issuer when prohibited by any other law, rule, ordinance, contract, or agreement. Limits home rule powers. Changes the definition of "emergency services" and "health care provider". Amends the Health Maintenance Organization Act. Removes language providing that upon reasonable demand by a provider of emergency transportation by ambulance, a health maintenance organization shall promptly pay to the provider, subject to coverage limitations stated in the contract or evidence of coverage, the charges for emergency transportation by ambulance provided to an enrollee in a health care plan arranged for by the health maintenance organization. LRB104 09860 BAB 19928 b LRB104 09860 BAB 19928 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1471 Introduced 1/31/2025, by Sen. Linda Holmes SYNOPSIS AS INTRODUCED: 215 ILCS 5/356z.3a215 ILCS 5/370g from Ch. 73, par. 982g215 ILCS 125/4-15 from Ch. 111 1/2, par. 1409.8 215 ILCS 5/356z.3a 215 ILCS 5/370g from Ch. 73, par. 982g 215 ILCS 125/4-15 from Ch. 111 1/2, par. 1409.8 215 ILCS 5/356z.3a 215 ILCS 5/370g from Ch. 73, par. 982g 215 ILCS 125/4-15 from Ch. 111 1/2, par. 1409.8 Amends the Illinois Insurance Code. Provides that nothing in the provisions shall require an ambulance provider to bill a beneficiary, insured, enrollee, or health insurance issuer when prohibited by any other law, rule, ordinance, contract, or agreement. Limits home rule powers. Changes the definition of "emergency services" and "health care provider". Amends the Health Maintenance Organization Act. Removes language providing that upon reasonable demand by a provider of emergency transportation by ambulance, a health maintenance organization shall promptly pay to the provider, subject to coverage limitations stated in the contract or evidence of coverage, the charges for emergency transportation by ambulance provided to an enrollee in a health care plan arranged for by the health maintenance organization. LRB104 09860 BAB 19928 b LRB104 09860 BAB 19928 b LRB104 09860 BAB 19928 b A BILL FOR SB1471LRB104 09860 BAB 19928 b SB1471 LRB104 09860 BAB 19928 b SB1471 LRB104 09860 BAB 19928 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 Illinois Insurance Code is amended by 5 changing Sections 356z.3a and 370g as follows: 6 (215 ILCS 5/356z.3a) 7 Sec. 356z.3a. Billing; emergency services; 8 nonparticipating providers. 9 (a) As used in this Section: 10 "Ancillary services" means: 11 (1) items and services related to emergency medicine, 12 anesthesiology, pathology, radiology, and neonatology that 13 are provided by any health care provider; 14 (2) items and services provided by assistant surgeons, 15 hospitalists, and intensivists; 16 (3) diagnostic services, including radiology and 17 laboratory services, except for advanced diagnostic 18 laboratory tests identified on the most current list 19 published by the United States Secretary of Health and 20 Human Services under 42 U.S.C. 300gg-132(b)(3); 21 (4) items and services provided by other specialty 22 practitioners as the United States Secretary of Health and 23 Human Services specifies through rulemaking under 42 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1471 Introduced 1/31/2025, by Sen. Linda Holmes SYNOPSIS AS INTRODUCED: 215 ILCS 5/356z.3a215 ILCS 5/370g from Ch. 73, par. 982g215 ILCS 125/4-15 from Ch. 111 1/2, par. 1409.8 215 ILCS 5/356z.3a 215 ILCS 5/370g from Ch. 73, par. 982g 215 ILCS 125/4-15 from Ch. 111 1/2, par. 1409.8 215 ILCS 5/356z.3a 215 ILCS 5/370g from Ch. 73, par. 982g 215 ILCS 125/4-15 from Ch. 111 1/2, par. 1409.8 Amends the Illinois Insurance Code. Provides that nothing in the provisions shall require an ambulance provider to bill a beneficiary, insured, enrollee, or health insurance issuer when prohibited by any other law, rule, ordinance, contract, or agreement. Limits home rule powers. Changes the definition of "emergency services" and "health care provider". Amends the Health Maintenance Organization Act. Removes language providing that upon reasonable demand by a provider of emergency transportation by ambulance, a health maintenance organization shall promptly pay to the provider, subject to coverage limitations stated in the contract or evidence of coverage, the charges for emergency transportation by ambulance provided to an enrollee in a health care plan arranged for by the health maintenance organization. LRB104 09860 BAB 19928 b LRB104 09860 BAB 19928 b LRB104 09860 BAB 19928 b A BILL FOR 215 ILCS 5/356z.3a 215 ILCS 5/370g from Ch. 73, par. 982g 215 ILCS 125/4-15 from Ch. 111 1/2, par. 1409.8 LRB104 09860 BAB 19928 b SB1471 LRB104 09860 BAB 19928 b SB1471- 2 -LRB104 09860 BAB 19928 b SB1471 - 2 - LRB104 09860 BAB 19928 b SB1471 - 2 - LRB104 09860 BAB 19928 b 1 U.S.C. 300gg-132(b)(3); 2 (5) items and services provided by a nonparticipating 3 provider if there is no participating provider who can 4 furnish the item or service at the facility; and 5 (6) items and services provided by a nonparticipating 6 provider if there is no participating provider who will 7 furnish the item or service because a participating 8 provider has asserted the participating provider's rights 9 under the Health Care Right of Conscience Act. 10 "Cost sharing" means the amount an insured, beneficiary, 11 or enrollee is responsible for paying for a covered item or 12 service under the terms of the policy or certificate. "Cost 13 sharing" includes copayments, coinsurance, and amounts paid 14 toward deductibles, but does not include amounts paid towards 15 premiums, balance billing by out-of-network providers, or the 16 cost of items or services that are not covered under the policy 17 or certificate. 18 "Emergency department of a hospital" means any hospital 19 department that provides emergency services, including a 20 hospital outpatient department. 21 "Emergency medical condition" has the meaning ascribed to 22 that term in Section 10 of the Managed Care Reform and Patient 23 Rights Act. 24 "Emergency medical screening examination" has the meaning 25 ascribed to that term in Section 10 of the Managed Care Reform 26 and Patient Rights Act. SB1471 - 2 - LRB104 09860 BAB 19928 b SB1471- 3 -LRB104 09860 BAB 19928 b SB1471 - 3 - LRB104 09860 BAB 19928 b SB1471 - 3 - LRB104 09860 BAB 19928 b 1 "Emergency services" means, with respect to an emergency 2 medical condition: 3 (1) in general, any health care service provided to a 4 person to evaluate or treat a condition that requires 5 immediate unscheduled medical care, an emergency medical 6 screening examination, including ancillary services 7 routinely available to the emergency department to 8 evaluate such emergency medical condition, and such 9 further medical examination and treatment as would be 10 required to stabilize the patient regardless of the 11 department of the hospital, ground ambulance, or other 12 facility in which such further examination or treatment is 13 furnished, including any covered service for 14 transportation of a patient by a health care provider to a 15 participating or nonparticipating emergency facility for 16 an emergency medical condition; or 17 (2) additional items and services for which benefits 18 are provided or covered under the coverage and that are 19 furnished by a nonparticipating provider or 20 nonparticipating emergency facility regardless of the 21 department of the hospital or other facility in which such 22 items are furnished after the insured, beneficiary, or 23 enrollee is stabilized and as part of outpatient 24 observation or an inpatient or outpatient stay with 25 respect to the visit in which the services described in 26 paragraph (1) are furnished. Services after stabilization SB1471 - 3 - LRB104 09860 BAB 19928 b SB1471- 4 -LRB104 09860 BAB 19928 b SB1471 - 4 - LRB104 09860 BAB 19928 b SB1471 - 4 - LRB104 09860 BAB 19928 b 1 cease to be emergency services only when all the 2 conditions of 42 U.S.C. 300gg-111(a)(3)(C)(ii)(II) and 3 regulations thereunder are met. 4 "Freestanding Emergency Center" means a facility licensed 5 under Section 32.5 of the Emergency Medical Services (EMS) 6 Systems Act. 7 "Health care facility" means, in the context of 8 non-emergency services, any of the following: 9 (1) a hospital as defined in 42 U.S.C. 1395x(e); 10 (2) a hospital outpatient department; 11 (3) a critical access hospital certified under 42 12 U.S.C. 1395i-4(e); 13 (4) an ambulatory surgical treatment center as defined 14 in the Ambulatory Surgical Treatment Center Act; or 15 (5) any recipient of a license under the Hospital 16 Licensing Act that is not otherwise described in this 17 definition. 18 "Health care provider" means a provider as defined in 19 subsection (d) of Section 370g. "Health care provider" does 20 not include a provider of air ambulance or ground ambulance 21 services. 22 "Health care services" has the meaning ascribed to that 23 term in subsection (a) of Section 370g. 24 "Health insurance issuer" has the meaning ascribed to that 25 term in Section 5 of the Illinois Health Insurance Portability 26 and Accountability Act. SB1471 - 4 - LRB104 09860 BAB 19928 b SB1471- 5 -LRB104 09860 BAB 19928 b SB1471 - 5 - LRB104 09860 BAB 19928 b SB1471 - 5 - LRB104 09860 BAB 19928 b 1 "Nonparticipating emergency facility" means, with respect 2 to the furnishing of an item or service under a policy of group 3 or individual health insurance coverage, any of the following 4 facilities that does not have a contractual relationship 5 directly or indirectly with a health insurance issuer in 6 relation to the coverage: 7 (1) an emergency department of a hospital; 8 (2) a Freestanding Emergency Center; 9 (3) an ambulatory surgical treatment center as defined 10 in the Ambulatory Surgical Treatment Center Act; or 11 (4) with respect to emergency services described in 12 paragraph (2) of the definition of "emergency services", a 13 hospital. 14 "Nonparticipating provider" means, with respect to the 15 furnishing of an item or service under a policy of group or 16 individual health insurance coverage, any health care provider 17 who does not have a contractual relationship directly or 18 indirectly with a health insurance issuer in relation to the 19 coverage. 20 "Participating emergency facility" means any of the 21 following facilities that has a contractual relationship 22 directly or indirectly with a health insurance issuer offering 23 group or individual health insurance coverage setting forth 24 the terms and conditions on which a relevant health care 25 service is provided to an insured, beneficiary, or enrollee 26 under the coverage: SB1471 - 5 - LRB104 09860 BAB 19928 b SB1471- 6 -LRB104 09860 BAB 19928 b SB1471 - 6 - LRB104 09860 BAB 19928 b SB1471 - 6 - LRB104 09860 BAB 19928 b 1 (1) an emergency department of a hospital; 2 (2) a Freestanding Emergency Center; 3 (3) an ambulatory surgical treatment center as defined 4 in the Ambulatory Surgical Treatment Center Act; or 5 (4) with respect to emergency services described in 6 paragraph (2) of the definition of "emergency services", a 7 hospital. 8 For purposes of this definition, a single case agreement 9 between an emergency facility and an issuer that is used to 10 address unique situations in which an insured, beneficiary, or 11 enrollee requires services that typically occur out-of-network 12 constitutes a contractual relationship and is limited to the 13 parties to the agreement. 14 "Participating health care facility" means any health care 15 facility that has a contractual relationship directly or 16 indirectly with a health insurance issuer offering group or 17 individual health insurance coverage setting forth the terms 18 and conditions on which a relevant health care service is 19 provided to an insured, beneficiary, or enrollee under the 20 coverage. A single case agreement between an emergency 21 facility and an issuer that is used to address unique 22 situations in which an insured, beneficiary, or enrollee 23 requires services that typically occur out-of-network 24 constitutes a contractual relationship for purposes of this 25 definition and is limited to the parties to the agreement. 26 "Participating provider" means any health care provider SB1471 - 6 - LRB104 09860 BAB 19928 b SB1471- 7 -LRB104 09860 BAB 19928 b SB1471 - 7 - LRB104 09860 BAB 19928 b SB1471 - 7 - LRB104 09860 BAB 19928 b 1 that has a contractual relationship directly or indirectly 2 with a health insurance issuer offering group or individual 3 health insurance coverage setting forth the terms and 4 conditions on which a relevant health care service is provided 5 to an insured, beneficiary, or enrollee under the coverage. 6 "Qualifying payment amount" has the meaning given to that 7 term in 42 U.S.C. 300gg-111(a)(3)(E) and the regulations 8 promulgated thereunder. 9 "Recognized amount" means the lesser of the amount 10 initially billed by the provider or the qualifying payment 11 amount. 12 "Stabilize" means "stabilization" as defined in Section 10 13 of the Managed Care Reform and Patient Rights Act. 14 "Treating provider" means a health care provider who has 15 evaluated the individual. 16 "Visit" means, with respect to health care services 17 furnished to an individual at a health care facility, health 18 care services furnished by a provider at the facility, as well 19 as equipment, devices, telehealth services, imaging services, 20 laboratory services, and preoperative and postoperative 21 services regardless of whether the provider furnishing such 22 services is at the facility. 23 (b) Emergency services. When a beneficiary, insured, or 24 enrollee receives emergency services from a nonparticipating 25 provider or a nonparticipating emergency facility, the health 26 insurance issuer shall ensure that the beneficiary, insured, SB1471 - 7 - LRB104 09860 BAB 19928 b SB1471- 8 -LRB104 09860 BAB 19928 b SB1471 - 8 - LRB104 09860 BAB 19928 b SB1471 - 8 - LRB104 09860 BAB 19928 b 1 or enrollee shall incur no greater out-of-pocket costs than 2 the beneficiary, insured, or enrollee would have incurred with 3 a participating provider or a participating emergency 4 facility. Any cost-sharing requirements shall be applied as 5 though the emergency services had been received from a 6 participating provider or a participating facility. Cost 7 sharing shall be calculated based on the recognized amount for 8 the emergency services. If the cost sharing for the same item 9 or service furnished by a participating provider would have 10 been a flat-dollar copayment, that amount shall be the 11 cost-sharing amount unless the provider has billed a lesser 12 total amount. In no event shall the beneficiary, insured, 13 enrollee, or any group policyholder or plan sponsor be liable 14 to or billed by the health insurance issuer, the 15 nonparticipating provider, or the nonparticipating emergency 16 facility for any amount beyond the cost sharing calculated in 17 accordance with this subsection with respect to the emergency 18 services delivered. Administrative requirements or limitations 19 shall be no greater than those applicable to emergency 20 services received from a participating provider or a 21 participating emergency facility. 22 (b-5) Non-emergency services at participating health care 23 facilities. 24 (1) When a beneficiary, insured, or enrollee utilizes 25 a participating health care facility and, due to any 26 reason, covered ancillary services are provided by a SB1471 - 8 - LRB104 09860 BAB 19928 b SB1471- 9 -LRB104 09860 BAB 19928 b SB1471 - 9 - LRB104 09860 BAB 19928 b SB1471 - 9 - LRB104 09860 BAB 19928 b 1 nonparticipating provider during or resulting from the 2 visit, the health insurance issuer shall ensure that the 3 beneficiary, insured, or enrollee shall incur no greater 4 out-of-pocket costs than the beneficiary, insured, or 5 enrollee would have incurred with a participating provider 6 for the ancillary services. Any cost-sharing requirements 7 shall be applied as though the ancillary services had been 8 received from a participating provider. Cost sharing shall 9 be calculated based on the recognized amount for the 10 ancillary services. If the cost sharing for the same item 11 or service furnished by a participating provider would 12 have been a flat-dollar copayment, that amount shall be 13 the cost-sharing amount unless the provider has billed a 14 lesser total amount. In no event shall the beneficiary, 15 insured, enrollee, or any group policyholder or plan 16 sponsor be liable to or billed by the health insurance 17 issuer, the nonparticipating provider, or the 18 participating health care facility for any amount beyond 19 the cost sharing calculated in accordance with this 20 subsection with respect to the ancillary services 21 delivered. In addition to ancillary services, the 22 requirements of this paragraph shall also apply with 23 respect to covered items or services furnished as a result 24 of unforeseen, urgent medical needs that arise at the time 25 an item or service is furnished, regardless of whether the 26 nonparticipating provider satisfied the notice and consent SB1471 - 9 - LRB104 09860 BAB 19928 b SB1471- 10 -LRB104 09860 BAB 19928 b SB1471 - 10 - LRB104 09860 BAB 19928 b SB1471 - 10 - LRB104 09860 BAB 19928 b 1 criteria under paragraph (2) of this subsection. 2 (2) When a beneficiary, insured, or enrollee utilizes 3 a participating health care facility and receives 4 non-emergency covered health care services other than 5 those described in paragraph (1) of this subsection from a 6 nonparticipating provider during or resulting from the 7 visit, the health insurance issuer shall ensure that the 8 beneficiary, insured, or enrollee incurs no greater 9 out-of-pocket costs than the beneficiary, insured, or 10 enrollee would have incurred with a participating provider 11 unless the nonparticipating provider or the participating 12 health care facility on behalf of the nonparticipating 13 provider satisfies the notice and consent criteria 14 provided in 42 U.S.C. 300gg-132 and regulations 15 promulgated thereunder. If the notice and consent criteria 16 are not satisfied, then: 17 (A) any cost-sharing requirements shall be applied 18 as though the health care services had been received 19 from a participating provider; 20 (B) cost sharing shall be calculated based on the 21 recognized amount for the health care services; and 22 (C) in no event shall the beneficiary, insured, 23 enrollee, or any group policyholder or plan sponsor be 24 liable to or billed by the health insurance issuer, 25 the nonparticipating provider, or the participating 26 health care facility for any amount beyond the cost SB1471 - 10 - LRB104 09860 BAB 19928 b SB1471- 11 -LRB104 09860 BAB 19928 b SB1471 - 11 - LRB104 09860 BAB 19928 b SB1471 - 11 - LRB104 09860 BAB 19928 b 1 sharing calculated in accordance with this subsection 2 with respect to the health care services delivered. 3 (c) Notwithstanding any other provision of this Code, 4 except when the notice and consent criteria are satisfied for 5 the situation in paragraph (2) of subsection (b-5), any 6 benefits a beneficiary, insured, or enrollee receives for 7 services under the situations in subsection (b) or (b-5) are 8 assigned to the nonparticipating providers or the facility 9 acting on their behalf. Upon receipt of the provider's bill or 10 facility's bill, the health insurance issuer shall provide the 11 nonparticipating provider or the facility with a written 12 explanation of benefits that specifies the proposed 13 reimbursement and the applicable deductible, copayment, or 14 coinsurance amounts owed by the insured, beneficiary, or 15 enrollee. The health insurance issuer shall pay any 16 reimbursement subject to this Section directly to the 17 nonparticipating provider or the facility. 18 (d) For bills assigned under subsection (c), the 19 nonparticipating provider or the facility may bill the health 20 insurance issuer for the services rendered, and the health 21 insurance issuer may pay the billed amount or attempt to 22 negotiate reimbursement with the nonparticipating provider or 23 the facility. Within 30 calendar days after the provider or 24 facility transmits the bill to the health insurance issuer, 25 the issuer shall send an initial payment or notice of denial of 26 payment with the written explanation of benefits to the SB1471 - 11 - LRB104 09860 BAB 19928 b SB1471- 12 -LRB104 09860 BAB 19928 b SB1471 - 12 - LRB104 09860 BAB 19928 b SB1471 - 12 - LRB104 09860 BAB 19928 b 1 provider or facility. If attempts to negotiate reimbursement 2 for services provided by a nonparticipating provider do not 3 result in a resolution of the payment dispute within 30 days 4 after receipt of written explanation of benefits by the health 5 insurance issuer, then the health insurance issuer or 6 nonparticipating provider or the facility may initiate binding 7 arbitration to determine payment for services provided on a 8 per-bill or batched-bill basis, in accordance with Section 9 300gg-111 of the Public Health Service Act and the regulations 10 promulgated thereunder. The party requesting arbitration shall 11 notify the other party arbitration has been initiated and 12 state its final offer before arbitration. In response to this 13 notice, the nonrequesting party shall inform the requesting 14 party of its final offer before the arbitration occurs. 15 Arbitration shall be initiated by filing a request with the 16 Department of Insurance. 17 (e) The Department of Insurance shall publish a list of 18 approved arbitrators or entities that shall provide binding 19 arbitration. These arbitrators shall be American Arbitration 20 Association or American Health Lawyers Association trained 21 arbitrators. Both parties must agree on an arbitrator from the 22 Department of Insurance's or its approved entity's list of 23 arbitrators. If no agreement can be reached, then a list of 5 24 arbitrators shall be provided by the Department of Insurance 25 or the approved entity. From the list of 5 arbitrators, the 26 health insurance issuer can veto 2 arbitrators and the SB1471 - 12 - LRB104 09860 BAB 19928 b SB1471- 13 -LRB104 09860 BAB 19928 b SB1471 - 13 - LRB104 09860 BAB 19928 b SB1471 - 13 - LRB104 09860 BAB 19928 b 1 provider or facility can veto 2 arbitrators. The remaining 2 arbitrator shall be the chosen arbitrator. This arbitration 3 shall consist of a review of the written submissions by both 4 parties. The arbitrator shall not establish a rebuttable 5 presumption that the qualifying payment amount should be the 6 total amount owed to the provider or facility by the 7 combination of the issuer and the insured, beneficiary, or 8 enrollee. Binding arbitration shall provide for a written 9 decision within 45 days after the request is filed with the 10 Department of Insurance. Both parties shall be bound by the 11 arbitrator's decision. The arbitrator's expenses and fees, 12 together with other expenses, not including attorney's fees, 13 incurred in the conduct of the arbitration, shall be paid as 14 provided in the decision. 15 (f) (Blank). 16 (g) Section 368a of this Act shall not apply during the 17 pendency of a decision under subsection (d). Upon the issuance 18 of the arbitrator's decision, Section 368a applies with 19 respect to the amount, if any, by which the arbitrator's 20 determination exceeds the issuer's initial payment under 21 subsection (c), or the entire amount of the arbitrator's 22 determination if initial payment was denied. Any interest 23 required to be paid to a provider under Section 368a shall not 24 accrue until after 30 days of an arbitrator's decision as 25 provided in subsection (d), but in no circumstances longer 26 than 150 days from the date the nonparticipating SB1471 - 13 - LRB104 09860 BAB 19928 b SB1471- 14 -LRB104 09860 BAB 19928 b SB1471 - 14 - LRB104 09860 BAB 19928 b SB1471 - 14 - LRB104 09860 BAB 19928 b 1 facility-based provider billed for services rendered. 2 (h) Nothing in this Section shall be interpreted to change 3 the prudent layperson provisions with respect to emergency 4 services under the Managed Care Reform and Patient Rights Act. 5 (i) Nothing in this Section shall preclude a health care 6 provider from billing a beneficiary, insured, or enrollee for 7 reasonable administrative fees, such as service fees for 8 checks returned for nonsufficient funds and missed 9 appointments. 10 (j) Nothing in this Section shall preclude a beneficiary, 11 insured, or enrollee from assigning benefits to a 12 nonparticipating provider when the notice and consent criteria 13 are satisfied under paragraph (2) of subsection (b-5) or in 14 any other situation not described in subsection (b) or (b-5). 15 (k) Except when the notice and consent criteria are 16 satisfied under paragraph (2) of subsection (b-5), if an 17 individual receives health care services under the situations 18 described in subsection (b) or (b-5), no referral requirement 19 or any other provision contained in the policy or certificate 20 of coverage shall deny coverage, reduce benefits, or otherwise 21 defeat the requirements of this Section for services that 22 would have been covered with a participating provider. 23 However, this subsection shall not be construed to preclude a 24 provider contract with a health insurance issuer, or with an 25 administrator or similar entity acting on the issuer's behalf, 26 from imposing requirements on the participating provider, SB1471 - 14 - LRB104 09860 BAB 19928 b SB1471- 15 -LRB104 09860 BAB 19928 b SB1471 - 15 - LRB104 09860 BAB 19928 b SB1471 - 15 - LRB104 09860 BAB 19928 b 1 participating emergency facility, or participating health care 2 facility relating to the referral of covered individuals to 3 nonparticipating providers. 4 (l) Except if the notice and consent criteria are 5 satisfied under paragraph (2) of subsection (b-5), 6 cost-sharing amounts calculated in conformity with this 7 Section shall count toward any deductible or out-of-pocket 8 maximum applicable to in-network coverage. 9 (m) The Department has the authority to enforce the 10 requirements of this Section in the situations described in 11 subsections (b) and (b-5), and in any other situation for 12 which 42 U.S.C. Chapter 6A, Subchapter XXV, Parts D or E and 13 regulations promulgated thereunder would prohibit an 14 individual from being billed or liable for emergency services 15 furnished by a nonparticipating provider or nonparticipating 16 emergency facility or for non-emergency health care services 17 furnished by a nonparticipating provider at a participating 18 health care facility. 19 (n) This Section does not apply with respect to air 20 ambulance or ground ambulance services. This Section does not 21 apply to any policy of excepted benefits or to short-term, 22 limited-duration health insurance coverage. 23 (o) Nothing in this Section shall require an ambulance 24 provider to bill a beneficiary, insured, enrollee, or health 25 insurance issuer when prohibited by any other law, rule, 26 ordinance, contract, or agreement. If an ambulance provider SB1471 - 15 - LRB104 09860 BAB 19928 b SB1471- 16 -LRB104 09860 BAB 19928 b SB1471 - 16 - LRB104 09860 BAB 19928 b SB1471 - 16 - LRB104 09860 BAB 19928 b 1 other than an air ambulance provider is a nonparticipating 2 provider when it furnishes emergency services under a contract 3 with a unit of local government of this State, and if the unit 4 of local government is permitted or required to bill a 5 beneficiary, insured, enrollee, or health insurance issuer for 6 the services furnished by the ambulance provider, this Section 7 applies to the unit of local government as though it were the 8 ambulance provider. This Section also applies when a unit of 9 local government directly operates the ambulance provider that 10 furnished emergency services to a beneficiary, insured, or 11 enrollee. 12 (p) A home rule unit may not regulate ambulance providers 13 in a manner inconsistent with this Section. This Section is a 14 limitation under subsection (i) of Section 6 of Article VII of 15 the Illinois Constitution on the concurrent exercise by home 16 rule units of powers and functions exercised by the State. 17 (Source: P.A. 102-901, eff. 7-1-22; 102-1117, eff. 1-13-23; 18 103-440, eff. 1-1-24.) 19 (215 ILCS 5/370g) (from Ch. 73, par. 982g) 20 Sec. 370g. Definitions. As used in this Article, the 21 following definitions apply: 22 (a) "Health care services" means health care services or 23 products rendered or sold by a provider within the scope of the 24 provider's license or legal authorization. The term includes, 25 but is not limited to, hospital, medical, surgical, dental, SB1471 - 16 - LRB104 09860 BAB 19928 b SB1471- 17 -LRB104 09860 BAB 19928 b SB1471 - 17 - LRB104 09860 BAB 19928 b SB1471 - 17 - LRB104 09860 BAB 19928 b 1 vision, ground ambulance, and pharmaceutical services or 2 products. 3 (b) "Insurer" means an insurance company or a health 4 service corporation authorized in this State to issue policies 5 or subscriber contracts which reimburse for expenses of health 6 care services. 7 (c) "Insured" means an individual entitled to 8 reimbursement for expenses of health care services under a 9 policy or subscriber contract issued or administered by an 10 insurer. 11 (d) "Provider" means an individual or entity duly licensed 12 or legally authorized to provide health care services. 13 (e) "Noninstitutional provider" means any person licensed 14 under the Medical Practice Act of 1987, as now or hereafter 15 amended. 16 (f) "Beneficiary" means an individual entitled to 17 reimbursement for expenses of or the discount of provider fees 18 for health care services under a program where the beneficiary 19 has an incentive to utilize the services of a provider which 20 has entered into an agreement or arrangement with an 21 administrator. 22 (g) "Administrator" means any person, partnership or 23 corporation, other than an insurer or health maintenance 24 organization holding a certificate of authority under the 25 "Health Maintenance Organization Act", as now or hereafter 26 amended, that arranges, contracts with, or administers SB1471 - 17 - LRB104 09860 BAB 19928 b SB1471- 18 -LRB104 09860 BAB 19928 b SB1471 - 18 - LRB104 09860 BAB 19928 b SB1471 - 18 - LRB104 09860 BAB 19928 b 1 contracts with a provider whereby beneficiaries are provided 2 an incentive to use the services of such provider. 3 (h) "Emergency medical condition" has the meaning given to 4 that term in Section 10 of the Managed Care Reform and Patient 5 Rights Act. 6 (Source: P.A. 102-409, eff. 1-1-22.) 7 Section 10. The Health Maintenance Organization Act is 8 amended by changing Section 4-15 as follows: 9 (215 ILCS 125/4-15) (from Ch. 111 1/2, par. 1409.8) 10 Sec. 4-15. (a) No contract or evidence of coverage for 11 basic health care services delivered, issued for delivery, 12 renewed or amended by a Health Maintenance Organization shall 13 exclude coverage for emergency transportation by ambulance. 14 For the purposes of this Section, the term "emergency" means a 15 need for immediate medical attention resulting from a life 16 threatening condition or situation or a need for immediate 17 medical attention as otherwise reasonably determined by a 18 physician, public safety official or other emergency medical 19 personnel. 20 (b) (Blank). Upon reasonable demand by a provider of 21 emergency transportation by ambulance, a Health Maintenance 22 Organization shall promptly pay to the provider, subject to 23 coverage limitations stated in the contract or evidence of 24 coverage, the charges for emergency transportation by SB1471 - 18 - LRB104 09860 BAB 19928 b SB1471- 19 -LRB104 09860 BAB 19928 b SB1471 - 19 - LRB104 09860 BAB 19928 b SB1471 - 19 - LRB104 09860 BAB 19928 b SB1471 - 19 - LRB104 09860 BAB 19928 b