Bill Amendment: IL SB3517 | 2025-2026 | 104th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: INS-GROUND AMBULANCE SERVICE
Status: 2026-07-31 - Public Act . . . . . . . . . 104-0732 [SB3517 Detail]
Download: Illinois-2025-SB3517-Senate_Amendment_001.html
Bill Title: INS-GROUND AMBULANCE SERVICE
Status: 2026-07-31 - Public Act . . . . . . . . . 104-0732 [SB3517 Detail]
Download: Illinois-2025-SB3517-Senate_Amendment_001.html
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| 1 | AMENDMENT TO SENATE BILL 3517 | ||||||
| 2 | AMENDMENT NO. ______. Amend Senate Bill 3517 by replacing | ||||||
| 3 | everything after the enacting clause with the following: | ||||||
| 4 | "Section 5. The Illinois Insurance Code is amended by | ||||||
| 5 | changing Section 356z.3a 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 | ||||||
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| 1 | laboratory services, except for advanced diagnostic | ||||||
| 2 | laboratory tests identified on the most current list | ||||||
| 3 | published by the United States Secretary of Health and | ||||||
| 4 | Human Services under 42 U.S.C. 300gg-132(b)(3); | ||||||
| 5 | (4) items and services provided by other specialty | ||||||
| 6 | practitioners as the United States Secretary of Health and | ||||||
| 7 | Human Services specifies through rulemaking under 42 | ||||||
| 8 | U.S.C. 300gg-132(b)(3); | ||||||
| 9 | (5) items and services provided by a nonparticipating | ||||||
| 10 | provider if there is no participating provider who can | ||||||
| 11 | furnish the item or service at the facility; and | ||||||
| 12 | (6) items and services provided by a nonparticipating | ||||||
| 13 | provider if there is no participating provider who will | ||||||
| 14 | furnish the item or service because a participating | ||||||
| 15 | provider has asserted the participating provider's rights | ||||||
| 16 | under the Health Care Right of Conscience Act. | ||||||
| 17 | "Average gross charge rate" means, with respect to | ||||||
| 18 | nonparticipating ground ambulance service providers, the | ||||||
| 19 | average of the provider's gross charge rates in place for each | ||||||
| 20 | individual charge described in subsection (b-15) of this | ||||||
| 21 | Section for dates of service that fall within the 12-month | ||||||
| 22 | period ending on June 30 immediately preceding the date on | ||||||
| 23 | which the reporting of average gross charge rates is required. | ||||||
| 24 | "Cost sharing" means the amount an insured, beneficiary, | ||||||
| 25 | or enrollee is responsible for paying for a covered item or | ||||||
| 26 | service under the terms of the policy or certificate. "Cost | ||||||
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| |||||||
| 1 | sharing" includes copayments, coinsurance, and amounts paid | ||||||
| 2 | toward deductibles, but does not include amounts paid towards | ||||||
| 3 | premiums, balance billing by out-of-network providers, or the | ||||||
| 4 | cost of items or services that are not covered under the policy | ||||||
| 5 | or certificate. | ||||||
| 6 | "Emergency department of a hospital" means any hospital | ||||||
| 7 | department that provides emergency services, including a | ||||||
| 8 | hospital outpatient department. | ||||||
| 9 | "Emergency medical condition" has the meaning ascribed to | ||||||
| 10 | that term in Section 10 of the Managed Care Reform and Patient | ||||||
| 11 | Rights Act. | ||||||
| 12 | "Emergency medical screening examination" has the meaning | ||||||
| 13 | ascribed to that term in Section 10 of the Managed Care Reform | ||||||
| 14 | and Patient Rights Act. | ||||||
| 15 | "Emergency services" means, with respect to an emergency | ||||||
| 16 | medical condition: | ||||||
| 17 | (1) in general, an emergency medical screening | ||||||
| 18 | examination, including ancillary services routinely | ||||||
| 19 | available to the emergency department to evaluate such | ||||||
| 20 | emergency medical condition, and such further medical | ||||||
| 21 | examination and treatment as would be required to | ||||||
| 22 | stabilize the patient regardless of the department of the | ||||||
| 23 | hospital or other facility in which such further | ||||||
| 24 | examination or treatment is furnished; or | ||||||
| 25 | (2) additional items and services for which benefits | ||||||
| 26 | are provided or covered under the coverage and that are | ||||||
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| 1 | furnished by a nonparticipating provider or | ||||||
| 2 | nonparticipating emergency facility regardless of the | ||||||
| 3 | department of the hospital or other facility in which such | ||||||
| 4 | items are furnished after the insured, beneficiary, or | ||||||
| 5 | enrollee is stabilized and as part of outpatient | ||||||
| 6 | observation or an inpatient or outpatient stay with | ||||||
| 7 | respect to the visit in which the services described in | ||||||
| 8 | paragraph (1) are furnished. Services after stabilization | ||||||
| 9 | cease to be emergency services only when all the | ||||||
| 10 | conditions of 42 U.S.C. 300gg-111(a)(3)(C)(ii)(II) and | ||||||
| 11 | regulations thereunder are met. | ||||||
| 12 | "Emergency ground ambulance service" means ground | ||||||
| 13 | ambulance service provided by ground ambulance service | ||||||
| 14 | providers, regardless of whether the patient was transported, | ||||||
| 15 | if the service was provided pursuant to a request to 9-1-1 or | ||||||
| 16 | an equivalent telephone number, texting system, or other | ||||||
| 17 | method of summoning emergency service or if the service | ||||||
| 18 | provided was provided when a patient's condition, at the time | ||||||
| 19 | of service, was considered to be an emergency medical | ||||||
| 20 | condition as determined by a physician licensed under the | ||||||
| 21 | Medical Practice Act of 1987. | ||||||
| 22 | "Evaluation" means, with respect to emergency ground | ||||||
| 23 | ambulance service, the provision of a medical screening | ||||||
| 24 | examination to determine whether an emergency medical | ||||||
| 25 | condition exists. | ||||||
| 26 | "Freestanding Emergency Center" means a facility licensed | ||||||
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| 1 | under Section 32.5 of the Emergency Medical Services (EMS) | ||||||
| 2 | Systems Act. | ||||||
| 3 | "Ground ambulance service" means both medical | ||||||
| 4 | transportation service that is described as ground ambulance | ||||||
| 5 | service by the Centers for Medicare and Medicaid Services and | ||||||
| 6 | medical nontransportation service, such as evaluation without | ||||||
| 7 | transport, treatment without transport, or paramedic | ||||||
| 8 | intercept, and that is, in either case, provided in a vehicle | ||||||
| 9 | that is licensed as an ambulance under the Emergency Medical | ||||||
| 10 | Services (EMS) Systems Act or by EMS Personnel assigned to a | ||||||
| 11 | vehicle that is licensed as an ambulance under the Emergency | ||||||
| 12 | Medical Services (EMS) Systems Act. "Ground ambulance service" | ||||||
| 13 | may include any combination of the following: emergency ground | ||||||
| 14 | ambulance service in a ground ambulance, urgent ground | ||||||
| 15 | ambulance service, evaluation without treatment, treatment | ||||||
| 16 | without transport, and paramedic intercept. | ||||||
| 17 | "Ground ambulance service provider" means a vehicle | ||||||
| 18 | service provider under the Emergency Medical Services (EMS) | ||||||
| 19 | Systems Act that operates licensed ground ambulances for the | ||||||
| 20 | purpose of providing emergency ground ambulance services, | ||||||
| 21 | urgent ground ambulances services, or both. "Ground ambulance | ||||||
| 22 | service provider" includes both ambulance providers and | ||||||
| 23 | ambulance suppliers as described by the Centers for Medicare | ||||||
| 24 | and Medicaid Services. | ||||||
| 25 | "Health care facility" means, in the context of | ||||||
| 26 | non-emergency services, any of the following: | ||||||
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| 1 | (1) a hospital as defined in 42 U.S.C. 1395x(e); | ||||||
| 2 | (2) a hospital outpatient department; | ||||||
| 3 | (3) a critical access hospital certified under 42 | ||||||
| 4 | U.S.C. 1395i-4(e); | ||||||
| 5 | (4) an ambulatory surgical treatment center as defined | ||||||
| 6 | in the Ambulatory Surgical Treatment Center Act; or | ||||||
| 7 | (5) any recipient of a license under the Hospital | ||||||
| 8 | Licensing Act that is not otherwise described in this | ||||||
| 9 | definition. | ||||||
| 10 | "Health care provider" means a provider as defined in | ||||||
| 11 | subsection (d) of Section 370g. "Health care provider" does | ||||||
| 12 | not include a provider of air ambulance or ground ambulance | ||||||
| 13 | services. | ||||||
| 14 | "Health care services" has the meaning ascribed to that | ||||||
| 15 | term in subsection (a) of Section 370g. | ||||||
| 16 | "Health insurance issuer" has the meaning ascribed to that | ||||||
| 17 | term in Section 5 of the Illinois Health Insurance Portability | ||||||
| 18 | and Accountability Act. | ||||||
| 19 | "Nonparticipating emergency facility" means, with respect | ||||||
| 20 | to the furnishing of an item or service under a policy of group | ||||||
| 21 | or individual health insurance coverage, any of the following | ||||||
| 22 | facilities that does not have a contractual relationship | ||||||
| 23 | directly or indirectly with a health insurance issuer in | ||||||
| 24 | relation to the coverage: | ||||||
| 25 | (1) an emergency department of a hospital; | ||||||
| 26 | (2) a Freestanding Emergency Center; | ||||||
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| 1 | (3) an ambulatory surgical treatment center as defined | ||||||
| 2 | in the Ambulatory Surgical Treatment Center Act; or | ||||||
| 3 | (4) with respect to emergency services described in | ||||||
| 4 | paragraph (2) of the definition of "emergency services", a | ||||||
| 5 | hospital. | ||||||
| 6 | "Nonparticipating ground ambulance service provider" | ||||||
| 7 | means, with respect to the furnishing of an item or services | ||||||
| 8 | under a policy of group or individual health insurance | ||||||
| 9 | coverage, any ground ambulance service provider that does not | ||||||
| 10 | have a contractual relationship directly or indirectly with a | ||||||
| 11 | health insurance issuer in relation to the coverage. | ||||||
| 12 | "Nonparticipating provider" means, with respect to the | ||||||
| 13 | furnishing of an item or service under a policy of group or | ||||||
| 14 | individual health insurance coverage, any health care provider | ||||||
| 15 | who does not have a contractual relationship directly or | ||||||
| 16 | indirectly with a health insurance issuer in relation to the | ||||||
| 17 | coverage. | ||||||
| 18 | "Paramedic intercept" means a service in which a vehicle | ||||||
| 19 | licensed under the Emergency Medical Services (EMS) Systems | ||||||
| 20 | Act ground ambulance staffed by licensed advanced life support | ||||||
| 21 | EMS Personnel paramedics rendezvouses with a ground ambulance | ||||||
| 22 | staffed with basic life support or intermediate life support | ||||||
| 23 | EMS Personnel nonparamedics to provide advanced life support | ||||||
| 24 | care. As used in this definition, "advanced life support care" | ||||||
| 25 | means life support care that is warranted when a patient's | ||||||
| 26 | condition and need for treatment exceed the basic life support | ||||||
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| 1 | or intermediate life support level of care. | ||||||
| 2 | "Participating emergency facility" means any of the | ||||||
| 3 | following facilities that has a contractual relationship | ||||||
| 4 | directly or indirectly with a health insurance issuer offering | ||||||
| 5 | group or individual health insurance coverage setting forth | ||||||
| 6 | the terms and conditions on which a relevant health care | ||||||
| 7 | service is provided to an insured, beneficiary, or enrollee | ||||||
| 8 | under the coverage: | ||||||
| 9 | (1) an emergency department of a hospital; | ||||||
| 10 | (2) a Freestanding Emergency Center; | ||||||
| 11 | (3) an ambulatory surgical treatment center as defined | ||||||
| 12 | in the Ambulatory Surgical Treatment Center Act; or | ||||||
| 13 | (4) with respect to emergency services described in | ||||||
| 14 | paragraph (2) of the definition of "emergency services", a | ||||||
| 15 | hospital. | ||||||
| 16 | For purposes of this definition, a single case agreement | ||||||
| 17 | between an emergency facility and an issuer that is used to | ||||||
| 18 | address unique situations in which an insured, beneficiary, or | ||||||
| 19 | enrollee requires services that typically occur out-of-network | ||||||
| 20 | constitutes a contractual relationship and is limited to the | ||||||
| 21 | parties to the agreement. | ||||||
| 22 | "Participating ground ambulance service provider" means | ||||||
| 23 | any ground ambulance service provider that has a contractual | ||||||
| 24 | relationship directly or indirectly with a health insurance | ||||||
| 25 | issuer offering group or individual health insurance coverage | ||||||
| 26 | setting forth the terms and conditions on which a relevant | ||||||
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| 1 | health care service is provided to an insured, beneficiary, or | ||||||
| 2 | enrollee under the coverage. As used in this definition, a | ||||||
| 3 | single case agreement between a ground ambulance service | ||||||
| 4 | provider and a health insurance issuer that is used to address | ||||||
| 5 | unique situations in which an insured, beneficiary, or | ||||||
| 6 | enrollee requires services that typically occur out-of-network | ||||||
| 7 | constitutes a contractual relationship and is limited to the | ||||||
| 8 | parties of the agreement. | ||||||
| 9 | "Participating health care facility" means any health care | ||||||
| 10 | facility that has a contractual relationship directly or | ||||||
| 11 | indirectly with a health insurance issuer offering group or | ||||||
| 12 | individual health insurance coverage setting forth the terms | ||||||
| 13 | and conditions on which a relevant health care service is | ||||||
| 14 | provided to an insured, beneficiary, or enrollee under the | ||||||
| 15 | coverage. A single case agreement between an emergency | ||||||
| 16 | facility and an issuer that is used to address unique | ||||||
| 17 | situations in which an insured, beneficiary, or enrollee | ||||||
| 18 | requires services that typically occur out-of-network | ||||||
| 19 | constitutes a contractual relationship for purposes of this | ||||||
| 20 | definition and is limited to the parties to the agreement. | ||||||
| 21 | "Participating provider" means any health care provider | ||||||
| 22 | that has a contractual relationship directly or indirectly | ||||||
| 23 | with a health insurance issuer offering group or individual | ||||||
| 24 | health insurance coverage setting forth the terms and | ||||||
| 25 | conditions on which a relevant health care service is provided | ||||||
| 26 | to an insured, beneficiary, or enrollee under the coverage. | ||||||
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| 1 | "Qualifying payment amount" has the meaning given to that | ||||||
| 2 | term in 42 U.S.C. 300gg-111(a)(3)(E) and the regulations | ||||||
| 3 | promulgated thereunder. | ||||||
| 4 | "Recognized amount" means, except as otherwise provided in | ||||||
| 5 | this Section, the lesser of the amount initially billed by the | ||||||
| 6 | provider or the qualifying payment amount. | ||||||
| 7 | "Stabilize" means "stabilization" as defined in Section 10 | ||||||
| 8 | of the Managed Care Reform and Patient Rights Act. | ||||||
| 9 | "Treating provider" means a health care provider who has | ||||||
| 10 | evaluated the individual. | ||||||
| 11 | "Treatment" means, with respect to the provision of | ||||||
| 12 | emergency ground ambulance service, the provision of an | ||||||
| 13 | evaluation and either (i) a therapy or therapeutic agent used | ||||||
| 14 | to treat an emergency medical condition or (ii) a procedure | ||||||
| 15 | used to treat an emergency medical condition. | ||||||
| 16 | "Urgent ground ambulance service" means ground ambulance | ||||||
| 17 | service that is deemed medically necessary by a health care | ||||||
| 18 | professional and is required within 12 hours after the | ||||||
| 19 | certification of the need for the service. | ||||||
| 20 | "Visit" means, with respect to health care services | ||||||
| 21 | furnished to an individual at a health care facility, health | ||||||
| 22 | care services furnished by a provider at the facility, as well | ||||||
| 23 | as equipment, devices, telehealth services, imaging services, | ||||||
| 24 | laboratory services, and preoperative and postoperative | ||||||
| 25 | services regardless of whether the provider furnishing such | ||||||
| 26 | services is at the facility. | ||||||
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| 1 | (b) Emergency services. When a beneficiary, insured, or | ||||||
| 2 | enrollee receives emergency services from a nonparticipating | ||||||
| 3 | provider or a nonparticipating emergency facility, the health | ||||||
| 4 | insurance issuer shall ensure that the beneficiary, insured, | ||||||
| 5 | or enrollee shall incur no greater out-of-pocket costs than | ||||||
| 6 | the beneficiary, insured, or enrollee would have incurred with | ||||||
| 7 | a participating provider or a participating emergency | ||||||
| 8 | facility. Any cost-sharing requirements shall be applied as | ||||||
| 9 | though the emergency services had been received from a | ||||||
| 10 | participating provider or a participating facility. Cost | ||||||
| 11 | sharing shall be calculated based on the recognized amount for | ||||||
| 12 | the emergency services. If the cost sharing for the same item | ||||||
| 13 | or service furnished by a participating provider would have | ||||||
| 14 | been a flat-dollar copayment, that amount shall be the | ||||||
| 15 | cost-sharing amount unless the provider has billed a lesser | ||||||
| 16 | total amount. In no event shall the beneficiary, insured, | ||||||
| 17 | enrollee, or any group policyholder or plan sponsor be liable | ||||||
| 18 | to or billed by the health insurance issuer, the | ||||||
| 19 | nonparticipating provider, or the nonparticipating emergency | ||||||
| 20 | facility for any amount beyond the cost sharing calculated in | ||||||
| 21 | accordance with this subsection with respect to the emergency | ||||||
| 22 | services delivered. Administrative requirements or limitations | ||||||
| 23 | shall be no greater than those applicable to emergency | ||||||
| 24 | services received from a participating provider or a | ||||||
| 25 | participating emergency facility. | ||||||
| 26 | (b-5) Non-emergency services at participating health care | ||||||
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| 1 | facilities. | ||||||
| 2 | (1) When a beneficiary, insured, or enrollee utilizes | ||||||
| 3 | a participating health care facility and, due to any | ||||||
| 4 | reason, covered ancillary services are provided by a | ||||||
| 5 | nonparticipating provider during or resulting from the | ||||||
| 6 | visit, the health insurance issuer shall ensure that the | ||||||
| 7 | beneficiary, insured, or enrollee shall incur no greater | ||||||
| 8 | out-of-pocket costs than the beneficiary, insured, or | ||||||
| 9 | enrollee would have incurred with a participating provider | ||||||
| 10 | for the ancillary services. Any cost-sharing requirements | ||||||
| 11 | shall be applied as though the ancillary services had been | ||||||
| 12 | received from a participating provider. Cost sharing shall | ||||||
| 13 | be calculated based on the recognized amount for the | ||||||
| 14 | ancillary services. If the cost sharing for the same item | ||||||
| 15 | or service furnished by a participating provider would | ||||||
| 16 | have been a flat-dollar copayment, that amount shall be | ||||||
| 17 | the cost-sharing amount unless the provider has billed a | ||||||
| 18 | lesser total amount. In no event shall the beneficiary, | ||||||
| 19 | insured, enrollee, or any group policyholder or plan | ||||||
| 20 | sponsor be liable to or billed by the health insurance | ||||||
| 21 | issuer, the nonparticipating provider, or the | ||||||
| 22 | participating health care facility for any amount beyond | ||||||
| 23 | the cost sharing calculated in accordance with this | ||||||
| 24 | subsection with respect to the ancillary services | ||||||
| 25 | delivered. In addition to ancillary services, the | ||||||
| 26 | requirements of this paragraph shall also apply with | ||||||
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| 1 | respect to covered items or services furnished as a result | ||||||
| 2 | of unforeseen, urgent medical needs that arise at the time | ||||||
| 3 | an item or service is furnished, regardless of whether the | ||||||
| 4 | nonparticipating provider satisfied the notice and consent | ||||||
| 5 | criteria under paragraph (2) of this subsection. | ||||||
| 6 | (2) When a beneficiary, insured, or enrollee utilizes | ||||||
| 7 | a participating health care facility and receives | ||||||
| 8 | non-emergency covered health care services other than | ||||||
| 9 | those described in paragraph (1) of this subsection from a | ||||||
| 10 | nonparticipating provider during or resulting from the | ||||||
| 11 | visit, the health insurance issuer shall ensure that the | ||||||
| 12 | beneficiary, insured, or enrollee incurs no greater | ||||||
| 13 | out-of-pocket costs than the beneficiary, insured, or | ||||||
| 14 | enrollee would have incurred with a participating provider | ||||||
| 15 | unless the nonparticipating provider or the participating | ||||||
| 16 | health care facility on behalf of the nonparticipating | ||||||
| 17 | provider satisfies the notice and consent criteria | ||||||
| 18 | provided in 42 U.S.C. 300gg-132 and regulations | ||||||
| 19 | promulgated thereunder. If the notice and consent criteria | ||||||
| 20 | are not satisfied, then: | ||||||
| 21 | (A) any cost-sharing requirements shall be applied | ||||||
| 22 | as though the health care services had been received | ||||||
| 23 | from a participating provider; | ||||||
| 24 | (B) cost sharing shall be calculated based on the | ||||||
| 25 | recognized amount for the health care services; and | ||||||
| 26 | (C) in no event shall the beneficiary, insured, | ||||||
| |||||||
| |||||||
| 1 | enrollee, or any group policyholder or plan sponsor be | ||||||
| 2 | liable to or billed by the health insurance issuer, | ||||||
| 3 | the nonparticipating provider, or the participating | ||||||
| 4 | health care facility for any amount beyond the cost | ||||||
| 5 | sharing calculated in accordance with this subsection | ||||||
| 6 | with respect to the health care services delivered. | ||||||
| 7 | (b-10) Coverage for ground ambulance services provided by | ||||||
| 8 | nonparticipating ground ambulance service providers. | ||||||
| 9 | (1) Any group or individual policy of accident and | ||||||
| 10 | health insurance amended, delivered, issued, or renewed on | ||||||
| 11 | or after January 1, 2027 shall provide coverage for both | ||||||
| 12 | emergency ground ambulance service and urgent ground | ||||||
| 13 | ambulance service. | ||||||
| 14 | (2) Beginning on January 1, 2027, when a beneficiary, | ||||||
| 15 | insured, or enrollee receives emergency ground ambulance | ||||||
| 16 | services or urgent ambulance services from a | ||||||
| 17 | nonparticipating ground ambulance service provider, the | ||||||
| 18 | health insurance issuer shall ensure that the beneficiary, | ||||||
| 19 | insured, or enrollee shall incur no greater out-of-pocket | ||||||
| 20 | costs than the beneficiary, insured, or enrollee would | ||||||
| 21 | have incurred with a participating ground ambulance | ||||||
| 22 | provider. Any cost-sharing requirements shall be applied | ||||||
| 23 | as though the emergency ground ambulance services or | ||||||
| 24 | urgent ground ambulance services had been received from a | ||||||
| 25 | participating ground ambulance service provider. Except as | ||||||
| 26 | otherwise provided in State or federal law, cost sharing | ||||||
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| |||||||
| 1 | shall be calculated based on the lesser of the policy's | ||||||
| 2 | copayment or coinsurance for an emergency room visit or | ||||||
| 3 | 10% of the recognized amount. For purposes of this | ||||||
| 4 | subsection, the recognized amount shall be calculated as | ||||||
| 5 | provided for in paragraph (3) of this subsection. Except | ||||||
| 6 | as otherwise provided for in State or federal law, if the | ||||||
| 7 | cost sharing for the same item or service furnished by a | ||||||
| 8 | participating ground ambulance provider would have been a | ||||||
| 9 | flat-dollar copayment, that amount shall be the | ||||||
| 10 | cost-sharing amount unless the nonparticipating ground | ||||||
| 11 | ambulance provider has billed a lesser total amount. | ||||||
| 12 | (3) Upon reasonable demand by a nonparticipating | ||||||
| 13 | ground ambulance service provider and after subtracting | ||||||
| 14 | the beneficiary's, insured's, or enrollee's cost sharing | ||||||
| 15 | amount, a health insurance issuer shall pay the | ||||||
| 16 | nonparticipating ground ambulance service provider as | ||||||
| 17 | follows: | ||||||
| 18 | (A) for nonparticipating ground ambulance service | ||||||
| 19 | providers subject to a unit of local government that | ||||||
| 20 | has jurisdiction over where the service was provided, | ||||||
| 21 | a rate that is equal to the rate established or | ||||||
| 22 | approved by the governing body of the local government | ||||||
| 23 | providing the ground ambulance service having | ||||||
| 24 | jurisdiction for that area or subarea; or | ||||||
| 25 | (B) for nonparticipating ground ambulance service | ||||||
| 26 | providers that are not subject to the jurisdiction of | ||||||
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| |||||||
| 1 | a unit of local government, a rate that is equal to the | ||||||
| 2 | lesser of (i) the negotiated rate between the | ||||||
| 3 | nonparticipating ground ambulance service provider and | ||||||
| 4 | the health insurance issuer; (ii) 85% of the | ||||||
| 5 | nonparticipating ground ambulance service provider's | ||||||
| 6 | billed charges; or (iii) the average gross charge rate | ||||||
| 7 | in effect for the date of service in question for a | ||||||
| 8 | base charge and, if applicable, a loaded mileage | ||||||
| 9 | charge, the nonparticipating ground ambulance service | ||||||
| 10 | provider has filed with the Department of Public | ||||||
| 11 | Health in accordance with subsection (b-15). | ||||||
| 12 | By accepting the payment from the health insurance | ||||||
| 13 | issuer, the nonparticipating ground ambulance service | ||||||
| 14 | provider shall not seek any payment from the | ||||||
| 15 | beneficiary, insured, or enrollee for any amount that | ||||||
| 16 | exceeds the deductible, coinsurance, or copay for | ||||||
| 17 | services provided to the beneficiary, insured, or | ||||||
| 18 | enrollee. | ||||||
| 19 | (b-15) Beginning on October 1, 2026, and each October 1 | ||||||
| 20 | thereafter, each nonparticipating ground ambulance service | ||||||
| 21 | provider shall file annually with the Department of Public | ||||||
| 22 | Health, in the form and manner prescribed by the Department of | ||||||
| 23 | Public Health, its average gross charge rates and any other | ||||||
| 24 | information required by the Department of Public Health, by | ||||||
| 25 | rule, for each of the following ground ambulance charge | ||||||
| 26 | descriptions, as applicable: (1) basic life support, urgent | ||||||
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| |||||||
| 1 | base; (2) basic life support, emergency base; (3) advanced | ||||||
| 2 | life support, urgent, level 1 base; (4) advanced life support, | ||||||
| 3 | emergency, level 1 base; (5) advanced life support, emergency, | ||||||
| 4 | level 2 base; (6) specialty care transport base; (7) emergency | ||||||
| 5 | response, evaluation without transport base; (8) emergency | ||||||
| 6 | response, treatment without transport base; (9) emergency | ||||||
| 7 | response, paramedic intercept base; and (10) loaded mileage, | ||||||
| 8 | per loaded mile charge for each of the applicable base charge | ||||||
| 9 | descriptions services. The Department of Public Health shall | ||||||
| 10 | publish the submitted rate information by January 1, 2027 and | ||||||
| 11 | every January 1 thereafter. The Department of Public Health | ||||||
| 12 | may request information from ground ambulance service | ||||||
| 13 | providers and health insurance issuers regarding factors | ||||||
| 14 | contributing to the network status of the ground ambulance | ||||||
| 15 | service providers. The Department of Public Health may, upon | ||||||
| 16 | the submission of rate information, assess a fee to each | ||||||
| 17 | ground ambulance service provider that shall not exceed the | ||||||
| 18 | administrative costs to complete the Department of Public | ||||||
| 19 | Health's obligations in this subsection. The Department of | ||||||
| 20 | Public Health may also request information from nationally | ||||||
| 21 | recognized organizations that provide data on health care | ||||||
| 22 | costs. The Department of Insurance shall direct the health | ||||||
| 23 | insurance issuer to the location in which the information | ||||||
| 24 | reported to the Department of Public Health is stored. | ||||||
| 25 | (c) Notwithstanding any other provision of this Code, | ||||||
| 26 | except when the notice and consent criteria are satisfied for | ||||||
| |||||||
| |||||||
| 1 | the situation in paragraph (2) of subsection (b-5), any | ||||||
| 2 | benefits a beneficiary, insured, or enrollee receives for | ||||||
| 3 | services under the situations in subsection (b), (b-5), | ||||||
| 4 | (b-10), or (b-15) are assigned to the nonparticipating | ||||||
| 5 | providers, nonparticipating ground ambulance service provider, | ||||||
| 6 | or the facility acting on their behalf. Upon receipt of the | ||||||
| 7 | provider's bill or facility's bill, the health insurance | ||||||
| 8 | issuer shall provide the nonparticipating provider, | ||||||
| 9 | nonparticipating ground ambulance service provider, or the | ||||||
| 10 | facility with a written explanation of benefits that specifies | ||||||
| 11 | the proposed reimbursement and the applicable deductible, | ||||||
| 12 | copayment, or coinsurance amounts owed by the insured, | ||||||
| 13 | beneficiary, or enrollee. The health insurance issuer shall | ||||||
| 14 | pay any reimbursement subject to this Section directly to the | ||||||
| 15 | nonparticipating provider, nonparticipating ground ambulance | ||||||
| 16 | service provider, or the facility. | ||||||
| 17 | (d) For bills assigned under subsection (c), the | ||||||
| 18 | nonparticipating provider or the facility may bill the health | ||||||
| 19 | insurance issuer for the services rendered, and the health | ||||||
| 20 | insurance issuer may pay the billed amount or attempt to | ||||||
| 21 | negotiate reimbursement with the nonparticipating provider or | ||||||
| 22 | the facility. Within 30 calendar days after the provider or | ||||||
| 23 | facility transmits the bill to the health insurance issuer, | ||||||
| 24 | the issuer shall send an initial payment or notice of denial of | ||||||
| 25 | payment with the written explanation of benefits to the | ||||||
| 26 | provider or facility. If attempts to negotiate reimbursement | ||||||
| |||||||
| |||||||
| 1 | for services provided by a nonparticipating provider do not | ||||||
| 2 | result in a resolution of the payment dispute within 30 days | ||||||
| 3 | after receipt of written explanation of benefits by the health | ||||||
| 4 | insurance issuer, then the health insurance issuer or | ||||||
| 5 | nonparticipating provider or the facility may initiate binding | ||||||
| 6 | arbitration to determine payment for services provided on a | ||||||
| 7 | per-bill or batched-bill basis, in accordance with Section | ||||||
| 8 | 300gg-111 of the Public Health Service Act and the regulations | ||||||
| 9 | promulgated thereunder. The party requesting arbitration shall | ||||||
| 10 | notify the other party arbitration has been initiated and | ||||||
| 11 | state its final offer before arbitration. In response to this | ||||||
| 12 | notice, the nonrequesting party shall inform the requesting | ||||||
| 13 | party of its final offer before the arbitration occurs. | ||||||
| 14 | Arbitration shall be initiated by filing a request with the | ||||||
| 15 | Department of Insurance. | ||||||
| 16 | (e) The Department of Insurance shall publish a list of | ||||||
| 17 | approved arbitrators or entities that shall provide binding | ||||||
| 18 | arbitration. These arbitrators shall be American Arbitration | ||||||
| 19 | Association or American Health Lawyers Association trained | ||||||
| 20 | arbitrators. Both parties must agree on an arbitrator from the | ||||||
| 21 | Department of Insurance's or its approved entity's list of | ||||||
| 22 | arbitrators. If no agreement can be reached, then a list of 5 | ||||||
| 23 | arbitrators shall be provided by the Department of Insurance | ||||||
| 24 | or the approved entity. From the list of 5 arbitrators, the | ||||||
| 25 | health insurance issuer can veto 2 arbitrators and the | ||||||
| 26 | provider or facility can veto 2 arbitrators. The remaining | ||||||
| |||||||
| |||||||
| 1 | arbitrator shall be the chosen arbitrator. This arbitration | ||||||
| 2 | shall consist of a review of the written submissions by both | ||||||
| 3 | parties. The arbitrator shall not establish a rebuttable | ||||||
| 4 | presumption that the qualifying payment amount should be the | ||||||
| 5 | total amount owed to the provider or facility by the | ||||||
| 6 | combination of the issuer and the insured, beneficiary, or | ||||||
| 7 | enrollee. Binding arbitration shall provide for a written | ||||||
| 8 | decision within 45 days after the request is filed with the | ||||||
| 9 | Department of Insurance. Both parties shall be bound by the | ||||||
| 10 | arbitrator's decision. The arbitrator's expenses and fees, | ||||||
| 11 | together with other expenses, not including attorney's fees, | ||||||
| 12 | incurred in the conduct of the arbitration, shall be paid as | ||||||
| 13 | provided in the decision. | ||||||
| 14 | (f) (Blank). | ||||||
| 15 | (g) Section 368a of this Code Act shall not apply during | ||||||
| 16 | the pendency of a decision under subsection (d). Upon the | ||||||
| 17 | issuance of the arbitrator's decision, Section 368a applies | ||||||
| 18 | with respect to the amount, if any, by which the arbitrator's | ||||||
| 19 | determination exceeds the issuer's initial payment under | ||||||
| 20 | subsection (c), or the entire amount of the arbitrator's | ||||||
| 21 | determination if initial payment was denied. Any interest | ||||||
| 22 | required to be paid to a provider under Section 368a shall not | ||||||
| 23 | accrue until after 30 days of an arbitrator's decision as | ||||||
| 24 | provided in subsection (d), but in no circumstances longer | ||||||
| 25 | than 150 days from the date the nonparticipating | ||||||
| 26 | facility-based provider billed for services rendered. | ||||||
| |||||||
| |||||||
| 1 | (h) Nothing in this Section shall be interpreted to change | ||||||
| 2 | the prudent layperson provisions with respect to emergency | ||||||
| 3 | services under the Managed Care Reform and Patient Rights Act. | ||||||
| 4 | (i) Nothing in this Section shall preclude a health care | ||||||
| 5 | provider from billing a beneficiary, insured, or enrollee for | ||||||
| 6 | reasonable administrative fees, such as service fees for | ||||||
| 7 | checks returned for nonsufficient funds and missed | ||||||
| 8 | appointments. | ||||||
| 9 | (j) Nothing in this Section shall preclude a beneficiary, | ||||||
| 10 | insured, or enrollee from assigning benefits to a | ||||||
| 11 | nonparticipating provider when the notice and consent criteria | ||||||
| 12 | are satisfied under paragraph (2) of subsection (b-5) or in | ||||||
| 13 | any other situation not described in subsection (b) or (b-5). | ||||||
| 14 | (k) Except when the notice and consent criteria are | ||||||
| 15 | satisfied under paragraph (2) of subsection (b-5), if an | ||||||
| 16 | individual receives health care services under the situations | ||||||
| 17 | described in subsection (b) or (b-5), no referral requirement | ||||||
| 18 | or any other provision contained in the policy or certificate | ||||||
| 19 | of coverage shall deny coverage, reduce benefits, or otherwise | ||||||
| 20 | defeat the requirements of this Section for services that | ||||||
| 21 | would have been covered with a participating provider. | ||||||
| 22 | However, this subsection shall not be construed to preclude a | ||||||
| 23 | provider contract with a health insurance issuer, or with an | ||||||
| 24 | administrator or similar entity acting on the issuer's behalf, | ||||||
| 25 | from imposing requirements on the participating provider, | ||||||
| 26 | participating emergency facility, or participating health care | ||||||
| |||||||
| |||||||
| 1 | facility relating to the referral of covered individuals to | ||||||
| 2 | nonparticipating providers. | ||||||
| 3 | (l) Except if the notice and consent criteria are | ||||||
| 4 | satisfied under paragraph (2) of subsection (b-5), | ||||||
| 5 | cost-sharing amounts calculated in conformity with this | ||||||
| 6 | Section shall count toward any deductible or out-of-pocket | ||||||
| 7 | maximum applicable to in-network coverage. | ||||||
| 8 | (m) The Department has the authority to enforce the | ||||||
| 9 | requirements of this Section in the situations described in | ||||||
| 10 | subsections (b) and (b-5), and in any other situation for | ||||||
| 11 | which 42 U.S.C. Chapter 6A, Subchapter XXV, Parts D or E and | ||||||
| 12 | regulations promulgated thereunder would prohibit an | ||||||
| 13 | individual from being billed or liable for emergency services | ||||||
| 14 | furnished by a nonparticipating provider or nonparticipating | ||||||
| 15 | emergency facility or for non-emergency health care services | ||||||
| 16 | furnished by a nonparticipating provider at a participating | ||||||
| 17 | health care facility. | ||||||
| 18 | (n) This Section does not apply with respect to air | ||||||
| 19 | ambulance services. This Section does not apply to any policy | ||||||
| 20 | of excepted benefits or to short-term, limited-duration health | ||||||
| 21 | insurance coverage. | ||||||
| 22 | (o) A home rule unit may not regulate payments for ground | ||||||
| 23 | ambulance service in a manner inconsistent with this Section. | ||||||
| 24 | This subsection is a limitation under subsection (i) of | ||||||
| 25 | Section 6 of Article VII of the Illinois Constitution on the | ||||||
| 26 | concurrent exercise by home rule units of powers and functions | ||||||
| |||||||
| |||||||
| 1 | exercised by the State. | ||||||
| 2 | (p) (o) Notwithstanding any other provision of law to the | ||||||
| 3 | contrary, if a beneficiary, insured, or enrollee receives | ||||||
| 4 | neonatal intensive care from a nonparticipating provider or | ||||||
| 5 | nonparticipating facility, a health insurance issuer shall | ||||||
| 6 | ensure that the beneficiary, insured, or enrollee shall incur | ||||||
| 7 | no greater out-of-pocket costs than he or she would have | ||||||
| 8 | incurred with a participating provider or a participating | ||||||
| 9 | facility, as long as the nonparticipating provider or | ||||||
| 10 | nonparticipating facility bills the neonatal intensive care as | ||||||
| 11 | emergency services. | ||||||
| 12 | (Source: P.A. 103-440, eff. 1-1-24; 104-60, eff. 1-1-26; | ||||||
| 13 | 104-248, eff. 8-15-25; revised 11-21-25.) | ||||||
| 14 | Section 10. The Health Maintenance Organization Act is | ||||||
| 15 | amended by changing Section 4-15 as follows: | ||||||
| 16 | (215 ILCS 125/4-15) (from Ch. 111 1/2, par. 1409.8) | ||||||
| 17 | Sec. 4-15. (a) No contract or evidence of coverage for | ||||||
| 18 | basic health care services delivered, issued for delivery, | ||||||
| 19 | renewed, or amended by a Health Maintenance Organization shall | ||||||
| 20 | exclude coverage for ground ambulance service as defined in | ||||||
| 21 | Section 356z.3a of the Illinois Insurance Code emergency | ||||||
| 22 | transportation by ambulance. For the purposes of this Section, | ||||||
| 23 | the term "emergency" means a need for immediate medical | ||||||
| 24 | attention resulting from a life threatening condition or | ||||||
| |||||||
| |||||||
| 1 | situation or a need for immediate medical attention as | ||||||
| 2 | otherwise reasonably determined by a physician, public safety | ||||||
| 3 | official or other emergency medical personnel. | ||||||
| 4 | (b) Payments to nonparticipating ground ambulance service | ||||||
| 5 | providers shall be as described in subsection (b-10) of | ||||||
| 6 | Section 356z.3a of the Illinois Insurance Code Upon reasonable | ||||||
| 7 | demand by a provider of emergency transportation by ambulance, | ||||||
| 8 | a Health Maintenance Organization shall promptly pay to the | ||||||
| 9 | provider, subject to coverage limitations stated in the | ||||||
| 10 | contract or evidence of coverage, the charges for emergency | ||||||
| 11 | transportation by ambulance provided to an enrollee in a | ||||||
| 12 | health care plan arranged for by the Health Maintenance | ||||||
| 13 | Organization. By accepting any such payment from the Health | ||||||
| 14 | Maintenance Organization, the provider of emergency | ||||||
| 15 | transportation by ambulance agrees not to seek any payment | ||||||
| 16 | from the enrollee for services provided to the enrollee. | ||||||
| 17 | (Source: P.A. 86-833; 86-1028.)". | ||||||
