Bill Text: IL HB3800 | 2025-2026 | 104th General Assembly | Introduced
Bill Title: Amends the Burn Victims Relief Act. Dissolves the George Bailey Memorial Fund on June 30, 2025, or as soon thereafter as practical, and assigns any future deposits due to that Fund to the General Revenue Fund. Amends the Illinois Insurance Code. Requires every company licensed to do business in this State that is transacting the kind or kinds of business under Class 1, 2, or 3, as defined in the Code, to establish a customer affairs and information department to respond to policyholder inquiries and complaints. In provisions concerning kinds of agreements requiring approval, provides that the Director of Insurance has the right to request additional filing review and approval of all contracts that contribute to the statutory threshold trigger. Removes provisions concerning a working group related to the treatment and coverage of mental, emotional, nervous, or substance use disorders. Makes other changes. Amends the Dental Care Patient Protection Act. Makes changes concerning preemption of provisions. Amends the Health Maintenance Organization Act. Provides that health maintenance organizations are subject to provisions of the Illinois Insurance Code requiring coverage for certain at-home pregnancy tests and certain medically necessary treatments to address a major injury to the jaw. Amends the Network Adequacy and Transparency Act to make technical and combining changes to conform the changes made by Public Act 103-777 and 103-650. Amends the Limited Health Service Organization Act to make conforming changes. Amends the Criminal Code of 2012. Changes the definition of "insurance company". Effective immediately, except that certain changes to the Illinois Insurance Code are effective January 1, 2026 and certain other changes to the Illinois Insurance Code are effective 60 days after becoming law.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-02-18 - Referred to Rules Committee [HB3800 Detail]
Download: Illinois-2025-HB3800-Introduced.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Burn Victims Relief Act is amended by | |||||||||||||||||||
5 | changing Section 10 as follows:
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6 | (20 ILCS 1410/10) | |||||||||||||||||||
7 | Sec. 10. Payments to the George Bailey Memorial Fund. The | |||||||||||||||||||
8 | George Bailey Memorial Fund is created as a special fund in the | |||||||||||||||||||
9 | State treasury. Funds received under Section 16-104d of the | |||||||||||||||||||
10 | Illinois Vehicle Code shall be repaid in full to the Fire Truck | |||||||||||||||||||
11 | Revolving Loan Fund, without the deduction of the 20% | |||||||||||||||||||
12 | administrative fee authorized in subsection (b) of Section 5, | |||||||||||||||||||
13 | upon receipt by the George Bailey Memorial Fund from the | |||||||||||||||||||
14 | person or his or her estate, trust, or heirs of any moneys from | |||||||||||||||||||
15 | a settlement for the injury that is the proximate cause of the | |||||||||||||||||||
16 | person's disability under this Act or moneys received from | |||||||||||||||||||
17 | Social Security disability benefits. Moneys in the George | |||||||||||||||||||
18 | Bailey Memorial Fund may only be used for the purposes set | |||||||||||||||||||
19 | forth in this Act. On June 30, 2025, or as soon thereafter as | |||||||||||||||||||
20 | practical, the State Comptroller shall direct the State | |||||||||||||||||||
21 | Treasurer to transfer the remaining balance from the George | |||||||||||||||||||
22 | Bailey Memorial Fund into the General Revenue Fund. Upon | |||||||||||||||||||
23 | completion of the transfer, the George Bailey Memorial Fund is |
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1 | dissolved, and any future deposits due to that Fund and any | ||||||
2 | outstanding obligations or liabilities of that Fund shall pass | ||||||
3 | to the General Revenue Fund. | ||||||
4 | (Source: P.A. 99-455, eff. 1-1-16; 100-987, eff. 7-1-19 .)
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5 | Section 10. The Illinois Insurance Code is amended by | ||||||
6 | changing Sections 121-2.08, 143d, 174, 194, 356z.73, 368d, | ||||||
7 | 370c.1, and 1563 and by renumbering and changing Section | ||||||
8 | 356z.71 (as amended by Public Act 103-700) as follows:
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9 | (215 ILCS 5/121-2.08) (from Ch. 73, par. 733-2.08) | ||||||
10 | Sec. 121-2.08. Transactions in this State involving | ||||||
11 | contracts of insurance independently procured directly from an | ||||||
12 | unauthorized insurer by industrial insureds. | ||||||
13 | (a) As used in this Section: | ||||||
14 | "Exempt commercial purchaser" means exempt commercial | ||||||
15 | purchaser as the term is defined in subsection (1) of Section | ||||||
16 | 445 of this Code. | ||||||
17 | "Home state" means home state as the term is defined in | ||||||
18 | subsection (1) of Section 445 of this Code. | ||||||
19 | "Industrial insured" means an insured: | ||||||
20 | (i) that procures the insurance of any risk or risks | ||||||
21 | of the kinds specified in Classes 2 and 3 of Section 4 of | ||||||
22 | this Code by use of the services of a full-time employee | ||||||
23 | who is a qualified risk manager or the services of a | ||||||
24 | regularly and continuously retained consultant who is a |
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1 | qualified risk manager; | ||||||
2 | (ii) that procures the insurance directly from an | ||||||
3 | unauthorized insurer without the services of an | ||||||
4 | intermediary insurance producer; and | ||||||
5 | (iii) that is an exempt commercial purchaser whose | ||||||
6 | home state is Illinois. | ||||||
7 | "Insurance producer" means insurance producer as the term | ||||||
8 | is defined in Section 500-10 of this Code. | ||||||
9 | "Qualified risk manager" means qualified risk manager as | ||||||
10 | the term is defined in subsection (1) of Section 445 of this | ||||||
11 | Code. | ||||||
12 | "Safety-Net Hospital" means an Illinois hospital that | ||||||
13 | qualifies as a Safety-Net Hospital under Section 5-5e.1 of the | ||||||
14 | Illinois Public Aid Code. | ||||||
15 | "Unauthorized insurer" means unauthorized insurer as the | ||||||
16 | term is defined in subsection (1) of Section 445 of this Code. | ||||||
17 | (b) For contracts of insurance effective January 1, 2015 | ||||||
18 | or later, within 90 days after the effective date of each | ||||||
19 | contract of insurance issued under this Section, the insured | ||||||
20 | shall file a report with the Director by submitting the report | ||||||
21 | to the Surplus Line Association of Illinois in writing or in a | ||||||
22 | computer readable format and provide information as designated | ||||||
23 | by the Surplus Line Association of Illinois. The information | ||||||
24 | in the report shall be substantially similar to that required | ||||||
25 | for surplus line submissions as described in subsection (5) of | ||||||
26 | Section 445 of this Code. Where applicable, the report shall |
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1 | satisfy, with respect to the subject insurance, the reporting | ||||||
2 | requirement of Section 12 of the Fire Investigation Act. | ||||||
3 | (c) For contracts of insurance effective January 1, 2015 | ||||||
4 | through December 31, 2017, within 30 days after filing the | ||||||
5 | report, the insured shall pay to the Director for the use and | ||||||
6 | benefit of the State a sum equal to the gross premium of the | ||||||
7 | contract of insurance multiplied by the surplus line tax rate, | ||||||
8 | as described in paragraph (3) of subsection (a) of Section 445 | ||||||
9 | of this Code, and shall pay the fire marshal tax that would | ||||||
10 | otherwise be due annually in March for insurance subject to | ||||||
11 | tax under Section 12 of the Fire Investigation Act. For | ||||||
12 | contracts of insurance effective January 1, 2018 or later, | ||||||
13 | within 30 days after filing the report, the insured shall pay | ||||||
14 | to the Director for the use and benefit of the State a sum | ||||||
15 | equal to 0.5% of the gross premium of the contract of | ||||||
16 | insurance, and shall pay the fire marshal tax that would | ||||||
17 | otherwise be due annually in March for insurance subject to | ||||||
18 | tax under Section 12 of the Fire Investigation Act. For | ||||||
19 | contracts of insurance effective January 1, 2015 or later, | ||||||
20 | within 30 days after filing the report, the insured shall pay | ||||||
21 | to the Surplus Line Association of Illinois a countersigning | ||||||
22 | fee that shall be assessed at the same rate charged to members | ||||||
23 | pursuant to subsection (4) of Section 445.1 of this Code. | ||||||
24 | (d) For contracts of insurance effective January 1, 2015 | ||||||
25 | or later, the insured shall withhold the amount of the taxes | ||||||
26 | and countersignature fee from the amount of premium charged by |
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1 | and otherwise payable to the insurer for the insurance. If the | ||||||
2 | insured fails to withhold the tax and countersignature fee | ||||||
3 | from the premium, then the insured shall be liable for the | ||||||
4 | amounts thereof and shall pay the amounts as prescribed in | ||||||
5 | subsection (c) of this Section. | ||||||
6 | (e) Contracts of insurance with an industrial insured that | ||||||
7 | qualifies as a Safety-Net Hospital are not subject to | ||||||
8 | subsections (b) through (d) of this Section. | ||||||
9 | (Source: P.A. 100-535, eff. 9-22-17; 100-1118, eff. 11-27-18.)
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10 | (215 ILCS 5/143d) (from Ch. 73, par. 755d) | ||||||
11 | Sec. 143d. Customer affairs and information department. | ||||||
12 | (a) Every company licensed to do business in this State | ||||||
13 | that is transacting the kind or kinds of business under Class | ||||||
14 | 1, 2, or 3, of Section 4 of this Code issue policies of | ||||||
15 | insurance as defined in subsections (a) and (b) of Section | ||||||
16 | 143.13 shall establish a customer affairs and information | ||||||
17 | department to respond to policyholder inquiries and | ||||||
18 | complaints. The department shall be staffed by an employee or | ||||||
19 | employees generally knowledgeable in the affairs and | ||||||
20 | operations of the company. The department shall be located in | ||||||
21 | either the home, regional, or branch office of the company and | ||||||
22 | must, during regular business hours, either maintain a toll | ||||||
23 | free telephone number or permit policyholders to call a | ||||||
24 | designated telephone number at the company's expense. The | ||||||
25 | telephone numbers shall be made available to policyholders in |
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1 | accordance with Section 143c 143(c) . | ||||||
2 | (b) The customer affairs and information department shall | ||||||
3 | provide information and services that may reasonably be | ||||||
4 | requested by policyholders who are residents of this State and | ||||||
5 | must respond promptly to complaints made by policyholder. | ||||||
6 | Companies must provide a written response to written inquiries | ||||||
7 | and complaints within 21 days of receipt. | ||||||
8 | (c) Records of the customer affairs and information | ||||||
9 | department shall be maintained in compliance with Department | ||||||
10 | of Insurance regulations. | ||||||
11 | (Source: P.A. 86-1407.)
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12 | (215 ILCS 5/174) (from Ch. 73, par. 786) | ||||||
13 | Sec. 174. Kinds of agreements requiring approval. | ||||||
14 | (1) The following kinds of reinsurance agreements shall | ||||||
15 | not be entered into by any domestic company unless such | ||||||
16 | agreements are approved in writing by the Director: | ||||||
17 | (a) Agreements of reinsurance of any such company | ||||||
18 | transacting the kind or kinds of business enumerated in | ||||||
19 | Class 1 of Section 4, or as a Fraternal Benefit Society | ||||||
20 | under Article XVII, a Mutual Benefit Association under | ||||||
21 | Article XVIII, a Burial Society under Article XIX or an | ||||||
22 | Assessment Accident and Assessment Accident and Health | ||||||
23 | Company under Article XXI, cedes previously issued and | ||||||
24 | outstanding risks to any company, or cedes any risks to a | ||||||
25 | company not authorized to transact business in this State, |
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1 | or assumes any outstanding risks on which the aggregate | ||||||
2 | reserves and claim liabilities exceed 20% 20 percent of | ||||||
3 | the aggregate reserves and claim liabilities of the | ||||||
4 | assuming company, as reported in the preceding annual | ||||||
5 | statement, for the business of either life or accident and | ||||||
6 | health insurance. | ||||||
7 | (b) Any agreement or agreements of reinsurance whereby | ||||||
8 | any company transacting the kind or kinds of business | ||||||
9 | enumerated in either Class 2 or Class 3 of Section 4 cedes | ||||||
10 | to any company or companies at one time, or during a period | ||||||
11 | of six consecutive months more than 20% twenty per centum | ||||||
12 | of the total amount of its net previously retained | ||||||
13 | unearned premium reserve liability. The Director has the | ||||||
14 | right to request additional filing review and approval of | ||||||
15 | all contracts that contribute to the statutory threshold | ||||||
16 | trigger. As used in this Section, "net unearned premium | ||||||
17 | reserve liability" means a liability associated with | ||||||
18 | existing or in-force business that is not ceded to any | ||||||
19 | reinsurer before the effective date of the proposed | ||||||
20 | reinsurance contract. | ||||||
21 | (c) (Blank). | ||||||
22 | (2) Requests for approval shall be filed at least 30 | ||||||
23 | working days prior to the stated effective date of the | ||||||
24 | agreement. An agreement which is not disapproved by the | ||||||
25 | Director within 30 working thirty days after its complete | ||||||
26 | submission shall be deemed approved. |
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1 | (Source: P.A. 98-969, eff. 1-1-15 .)
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2 | (215 ILCS 5/194) (from Ch. 73, par. 806) | ||||||
3 | Sec. 194. Rights and liabilities of creditors fixed upon | ||||||
4 | liquidation. | ||||||
5 | (a) The rights and liabilities of the company and of its | ||||||
6 | creditors, policyholders, stockholders or members and all | ||||||
7 | other persons interested in its assets, except persons | ||||||
8 | entitled to file contingent claims, shall be fixed as of the | ||||||
9 | date of the entry of the Order directing liquidation or | ||||||
10 | rehabilitation unless otherwise provided by Order of the | ||||||
11 | Court. The rights of claimants entitled to file contingent | ||||||
12 | claims or to have their claims estimated shall be determined | ||||||
13 | as provided in Section 209. | ||||||
14 | (b) The Director may, within 2 years after the entry of an | ||||||
15 | order for rehabilitation or liquidation or within such further | ||||||
16 | time as applicable law permits, institute an action, claim, | ||||||
17 | suit, or proceeding upon any cause of action against which the | ||||||
18 | period of limitation fixed by applicable law has not expired | ||||||
19 | at the time of filing of the complaint upon which the order is | ||||||
20 | entered. | ||||||
21 | (c) The time between the filing of a complaint for | ||||||
22 | conservation, rehabilitation, or liquidation against the | ||||||
23 | company and the denial of the complaint shall not be | ||||||
24 | considered to be a part of the time within which any action may | ||||||
25 | be commenced against the company. Any action against the |
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1 | company that might have been commenced when the complaint was | ||||||
2 | filed may be commenced for at least 180 days after the | ||||||
3 | complaint is denied. | ||||||
4 | (d) Notwithstanding subsection (a) of this Section, | ||||||
5 | policies of life, disability income, long-term care, health | ||||||
6 | insurance or annuities covered by a guaranty association, or | ||||||
7 | portions of such policies covered by one or more guaranty | ||||||
8 | associations under applicable law shall continue in force, | ||||||
9 | subject to the terms of the policy (including any terms | ||||||
10 | restructured pursuant to a court-approved rehabilitation plan) | ||||||
11 | to the extent necessary to permit the guaranty associations to | ||||||
12 | discharge their statutory obligations. Policies of life, | ||||||
13 | disability income, long-term care, health insurance or | ||||||
14 | annuities, or portions of such policies not covered by one or | ||||||
15 | more guaranty associations shall terminate as provided under | ||||||
16 | subsection (a) of this Section and paragraph (6) of Section | ||||||
17 | 193 of this Article, except to the extent the Director | ||||||
18 | proposes and the court approves the use of property of the | ||||||
19 | liquidation estate for the purpose of either (1) continuing | ||||||
20 | the contracts or coverage by transferring them to an assuming | ||||||
21 | reinsurer, or (2) distributing dividends under Section 210 of | ||||||
22 | this Article. Claims incurred during the extension of coverage | ||||||
23 | provided for in this Article shall be classified at priority | ||||||
24 | level (d) under paragraph (1) of Section 205 of this Article. | ||||||
25 | (Source: P.A. 88-297; 89-206, eff. 7-21-95.)
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1 | (215 ILCS 5/356z.73) | ||||||
2 | Sec. 356z.73 356z.71 . Insurance coverage for dependent | ||||||
3 | parents. | ||||||
4 | (a) A group or individual policy of accident and health | ||||||
5 | insurance issued, amended, delivered, or renewed on or after | ||||||
6 | January 1, 2026 that provides dependent coverage shall make | ||||||
7 | that dependent coverage available to the parent or stepparent | ||||||
8 | of the insured if the parent or stepparent meets the | ||||||
9 | definition of a qualifying relative under 26 U.S.C. 152(d) and | ||||||
10 | lives or resides within the accident and health insurance | ||||||
11 | policy's service area. | ||||||
12 | (b) This Section does not apply to specialized health care | ||||||
13 | service plans, Medicare supplement insurance, hospital-only | ||||||
14 | policies, accident-only policies, or specified disease | ||||||
15 | insurance policies that reimburse for hospital, medical, or | ||||||
16 | surgical expenses. | ||||||
17 | (Source: P.A. 103-700, eff. 1-1-25; revised 12-3-24.)
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18 | (215 ILCS 5/368d) | ||||||
19 | Sec. 368d. Recoupments. | ||||||
20 | (a) A health care professional or health care provider | ||||||
21 | shall be provided a remittance advice, which must include an | ||||||
22 | explanation of a recoupment or offset taken by an insurer, | ||||||
23 | health maintenance organization, independent practice | ||||||
24 | association, or physician hospital organization, if any. The | ||||||
25 | recoupment explanation shall, at a minimum, include the name |
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1 | of the patient; the date of service; the service code or if no | ||||||
2 | service code is available a service description; the | ||||||
3 | recoupment amount; and the reason for the recoupment or | ||||||
4 | offset. In addition, an insurer, health maintenance | ||||||
5 | organization, independent practice association, or physician | ||||||
6 | hospital organization shall provide with the remittance | ||||||
7 | advice, or with any demand for recoupment or offset, a | ||||||
8 | telephone number or mailing address to initiate an appeal of | ||||||
9 | the recoupment or offset together with the deadline for | ||||||
10 | initiating an appeal. Such information shall be prominently | ||||||
11 | displayed on the remittance advice or written document | ||||||
12 | containing the demand for recoupment or offset. Any appeal of | ||||||
13 | a recoupment or offset by a health care professional or health | ||||||
14 | care provider must be made within 60 days after receipt of the | ||||||
15 | remittance advice. | ||||||
16 | (b) It is not a recoupment when a health care professional | ||||||
17 | or health care provider is paid an amount prospectively or | ||||||
18 | concurrently under a contract with an insurer, health | ||||||
19 | maintenance organization, independent practice association, or | ||||||
20 | physician hospital organization that requires a retrospective | ||||||
21 | reconciliation based upon specific conditions outlined in the | ||||||
22 | contract. | ||||||
23 | (c) No recoupment or offset may be requested or withheld | ||||||
24 | from future payments 12 months or more after the original | ||||||
25 | payment is made, except in cases in which: | ||||||
26 | (1) a court, government administrative agency, other |
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1 | tribunal, or independent third-party arbitrator makes or | ||||||
2 | has made a formal finding of fraud or material | ||||||
3 | misrepresentation; | ||||||
4 | (2) an insurer is acting as a plan administrator for | ||||||
5 | the Comprehensive Health Insurance Plan under the | ||||||
6 | Comprehensive Health Insurance Plan Act; | ||||||
7 | (3) the provider has already been paid in full by any | ||||||
8 | other payer, third party, or workers' compensation | ||||||
9 | insurer; or | ||||||
10 | (4) an insurer contracted with the Department of | ||||||
11 | Healthcare and Family Services is required by the | ||||||
12 | Department of Healthcare and Family Services to recoup or | ||||||
13 | offset payments due to a federal Medicaid requirement. | ||||||
14 | No contract between an insurer and a health care professional | ||||||
15 | or health care provider may provide for recoupments in | ||||||
16 | violation of this Section. Nothing in this Section shall be | ||||||
17 | construed to preclude insurers, health maintenance | ||||||
18 | organizations, independent practice associations, or physician | ||||||
19 | hospital organizations from resolving coordination of benefits | ||||||
20 | between or among each other, including, but not limited to, | ||||||
21 | resolution of workers' compensation and third-party liability | ||||||
22 | cases, without recouping payment from the provider beyond the | ||||||
23 | 12-month 18-month time limit provided in this subsection (c). | ||||||
24 | (Source: P.A. 102-632, eff. 1-1-22 .)
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25 | (215 ILCS 5/370c.1) |
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1 | Sec. 370c.1. Mental, emotional, nervous, or substance use | ||||||
2 | disorder or condition parity. | ||||||
3 | (a) On and after July 23, 2021 (the effective date of | ||||||
4 | Public Act 102-135), every insurer that amends, delivers, | ||||||
5 | issues, or renews a group or individual policy of accident and | ||||||
6 | health insurance or a qualified health plan offered through | ||||||
7 | the Health Insurance Marketplace in this State providing | ||||||
8 | coverage for hospital or medical treatment and for the | ||||||
9 | treatment of mental, emotional, nervous, or substance use | ||||||
10 | disorders or conditions shall ensure prior to policy issuance | ||||||
11 | that: | ||||||
12 | (1) the financial requirements applicable to such | ||||||
13 | mental, emotional, nervous, or substance use disorder or | ||||||
14 | condition benefits are no more restrictive than the | ||||||
15 | predominant financial requirements applied to | ||||||
16 | substantially all hospital and medical benefits covered by | ||||||
17 | the policy and that there are no separate cost-sharing | ||||||
18 | requirements that are applicable only with respect to | ||||||
19 | mental, emotional, nervous, or substance use disorder or | ||||||
20 | condition benefits; and | ||||||
21 | (2) the treatment limitations applicable to such | ||||||
22 | mental, emotional, nervous, or substance use disorder or | ||||||
23 | condition benefits are no more restrictive than the | ||||||
24 | predominant treatment limitations applied to substantially | ||||||
25 | all hospital and medical benefits covered by the policy | ||||||
26 | and that there are no separate treatment limitations that |
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1 | are applicable only with respect to mental, emotional, | ||||||
2 | nervous, or substance use disorder or condition benefits. | ||||||
3 | (b) The following provisions shall apply concerning | ||||||
4 | aggregate lifetime limits: | ||||||
5 | (1) In the case of a group or individual policy of | ||||||
6 | accident and health insurance or a qualified health plan | ||||||
7 | offered through the Health Insurance Marketplace amended, | ||||||
8 | delivered, issued, or renewed in this State on or after | ||||||
9 | September 9, 2015 (the effective date of Public Act | ||||||
10 | 99-480) that provides coverage for hospital or medical | ||||||
11 | treatment and for the treatment of mental, emotional, | ||||||
12 | nervous, or substance use disorders or conditions the | ||||||
13 | following provisions shall apply: | ||||||
14 | (A) if the policy does not include an aggregate | ||||||
15 | lifetime limit on substantially all hospital and | ||||||
16 | medical benefits, then the policy may not impose any | ||||||
17 | aggregate lifetime limit on mental, emotional, | ||||||
18 | nervous, or substance use disorder or condition | ||||||
19 | benefits; or | ||||||
20 | (B) if the policy includes an aggregate lifetime | ||||||
21 | limit on substantially all hospital and medical | ||||||
22 | benefits (in this subsection referred to as the | ||||||
23 | "applicable lifetime limit"), then the policy shall | ||||||
24 | either: | ||||||
25 | (i) apply the applicable lifetime limit both | ||||||
26 | to the hospital and medical benefits to which it |
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1 | otherwise would apply and to mental, emotional, | ||||||
2 | nervous, or substance use disorder or condition | ||||||
3 | benefits and not distinguish in the application of | ||||||
4 | the limit between the hospital and medical | ||||||
5 | benefits and mental, emotional, nervous, or | ||||||
6 | substance use disorder or condition benefits; or | ||||||
7 | (ii) not include any aggregate lifetime limit | ||||||
8 | on mental, emotional, nervous, or substance use | ||||||
9 | disorder or condition benefits that is less than | ||||||
10 | the applicable lifetime limit. | ||||||
11 | (2) In the case of a policy that is not described in | ||||||
12 | paragraph (1) of subsection (b) of this Section and that | ||||||
13 | includes no or different aggregate lifetime limits on | ||||||
14 | different categories of hospital and medical benefits, the | ||||||
15 | Director shall establish rules under which subparagraph | ||||||
16 | (B) of paragraph (1) of subsection (b) of this Section is | ||||||
17 | applied to such policy with respect to mental, emotional, | ||||||
18 | nervous, or substance use disorder or condition benefits | ||||||
19 | by substituting for the applicable lifetime limit an | ||||||
20 | average aggregate lifetime limit that is computed taking | ||||||
21 | into account the weighted average of the aggregate | ||||||
22 | lifetime limits applicable to such categories. | ||||||
23 | (c) The following provisions shall apply concerning annual | ||||||
24 | limits: | ||||||
25 | (1) In the case of a group or individual policy of | ||||||
26 | accident and health insurance or a qualified health plan |
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1 | offered through the Health Insurance Marketplace amended, | ||||||
2 | delivered, issued, or renewed in this State on or after | ||||||
3 | September 9, 2015 (the effective date of Public Act | ||||||
4 | 99-480) that provides coverage for hospital or medical | ||||||
5 | treatment and for the treatment of mental, emotional, | ||||||
6 | nervous, or substance use disorders or conditions the | ||||||
7 | following provisions shall apply: | ||||||
8 | (A) if the policy does not include an annual limit | ||||||
9 | on substantially all hospital and medical benefits, | ||||||
10 | then the policy may not impose any annual limits on | ||||||
11 | mental, emotional, nervous, or substance use disorder | ||||||
12 | or condition benefits; or | ||||||
13 | (B) if the policy includes an annual limit on | ||||||
14 | substantially all hospital and medical benefits (in | ||||||
15 | this subsection referred to as the "applicable annual | ||||||
16 | limit"), then the policy shall either: | ||||||
17 | (i) apply the applicable annual limit both to | ||||||
18 | the hospital and medical benefits to which it | ||||||
19 | otherwise would apply and to mental, emotional, | ||||||
20 | nervous, or substance use disorder or condition | ||||||
21 | benefits and not distinguish in the application of | ||||||
22 | the limit between the hospital and medical | ||||||
23 | benefits and mental, emotional, nervous, or | ||||||
24 | substance use disorder or condition benefits; or | ||||||
25 | (ii) not include any annual limit on mental, | ||||||
26 | emotional, nervous, or substance use disorder or |
| |||||||
| |||||||
1 | condition benefits that is less than the | ||||||
2 | applicable annual limit. | ||||||
3 | (2) In the case of a policy that is not described in | ||||||
4 | paragraph (1) of subsection (c) of this Section and that | ||||||
5 | includes no or different annual limits on different | ||||||
6 | categories of hospital and medical benefits, the Director | ||||||
7 | shall establish rules under which subparagraph (B) of | ||||||
8 | paragraph (1) of subsection (c) of this Section is applied | ||||||
9 | to such policy with respect to mental, emotional, nervous, | ||||||
10 | or substance use disorder or condition benefits by | ||||||
11 | substituting for the applicable annual limit an average | ||||||
12 | annual limit that is computed taking into account the | ||||||
13 | weighted average of the annual limits applicable to such | ||||||
14 | categories. | ||||||
15 | (d) With respect to mental, emotional, nervous, or | ||||||
16 | substance use disorders or conditions, an insurer shall use | ||||||
17 | policies and procedures for the election and placement of | ||||||
18 | mental, emotional, nervous, or substance use disorder or | ||||||
19 | condition treatment drugs on their formulary that are no less | ||||||
20 | favorable to the insured as those policies and procedures the | ||||||
21 | insurer uses for the selection and placement of drugs for | ||||||
22 | medical or surgical conditions and shall follow the expedited | ||||||
23 | coverage determination requirements for substance abuse | ||||||
24 | treatment drugs set forth in Section 45.2 of the Managed Care | ||||||
25 | Reform and Patient Rights Act. | ||||||
26 | (e) This Section shall be interpreted in a manner |
| |||||||
| |||||||
1 | consistent with all applicable federal parity regulations | ||||||
2 | including, but not limited to, the Paul Wellstone and Pete | ||||||
3 | Domenici Mental Health Parity and Addiction Equity Act of | ||||||
4 | 2008, final regulations issued under the Paul Wellstone and | ||||||
5 | Pete Domenici Mental Health Parity and Addiction Equity Act of | ||||||
6 | 2008 and final regulations applying the Paul Wellstone and | ||||||
7 | Pete Domenici Mental Health Parity and Addiction Equity Act of | ||||||
8 | 2008 to Medicaid managed care organizations, the Children's | ||||||
9 | Health Insurance Program, and alternative benefit plans. | ||||||
10 | (f) The provisions of subsections (b) and (c) of this | ||||||
11 | Section shall not be interpreted to allow the use of lifetime | ||||||
12 | or annual limits otherwise prohibited by State or federal law. | ||||||
13 | (g) As used in this Section: | ||||||
14 | "Financial requirement" includes deductibles, copayments, | ||||||
15 | coinsurance, and out-of-pocket maximums, but does not include | ||||||
16 | an aggregate lifetime limit or an annual limit subject to | ||||||
17 | subsections (b) and (c). | ||||||
18 | "Mental, emotional, nervous, or substance use disorder or | ||||||
19 | condition" means a condition or disorder that involves a | ||||||
20 | mental health condition or substance use disorder that falls | ||||||
21 | under any of the diagnostic categories listed in the mental | ||||||
22 | and behavioral disorders chapter of the current edition of the | ||||||
23 | International Classification of Disease or that is listed in | ||||||
24 | the most recent version of the Diagnostic and Statistical | ||||||
25 | Manual of Mental Disorders. | ||||||
26 | "Treatment limitation" includes limits on benefits based |
| |||||||
| |||||||
1 | on the frequency of treatment, number of visits, days of | ||||||
2 | coverage, days in a waiting period, or other similar limits on | ||||||
3 | the scope or duration of treatment. "Treatment limitation" | ||||||
4 | includes both quantitative treatment limitations, which are | ||||||
5 | expressed numerically (such as 50 outpatient visits per year), | ||||||
6 | and nonquantitative treatment limitations, which otherwise | ||||||
7 | limit the scope or duration of treatment. A permanent | ||||||
8 | exclusion of all benefits for a particular condition or | ||||||
9 | disorder shall not be considered a treatment limitation. | ||||||
10 | "Nonquantitative treatment" means those limitations as | ||||||
11 | described under federal regulations (26 CFR 54.9812-1). | ||||||
12 | "Nonquantitative treatment limitations" include, but are not | ||||||
13 | limited to, those limitations described under federal | ||||||
14 | regulations 26 CFR 54.9812-1, 29 CFR 2590.712, and 45 CFR | ||||||
15 | 146.136. | ||||||
16 | (h) The Department of Insurance shall implement the | ||||||
17 | following education initiatives: | ||||||
18 | (1) By January 1, 2016, the Department shall develop a | ||||||
19 | plan for a Consumer Education Campaign on parity. The | ||||||
20 | Consumer Education Campaign shall focus its efforts | ||||||
21 | throughout the State and include trainings in the | ||||||
22 | northern, southern, and central regions of the State, as | ||||||
23 | defined by the Department, as well as each of the 5 managed | ||||||
24 | care regions of the State as identified by the Department | ||||||
25 | of Healthcare and Family Services. Under this Consumer | ||||||
26 | Education Campaign, the Department shall: (1) by January |
| |||||||
| |||||||
1 | 1, 2017, provide at least one live training in each region | ||||||
2 | on parity for consumers and providers and one webinar | ||||||
3 | training to be posted on the Department website and (2) | ||||||
4 | establish a consumer hotline to assist consumers in | ||||||
5 | navigating the parity process by March 1, 2017. By January | ||||||
6 | 1, 2018 the Department shall issue a report to the General | ||||||
7 | Assembly on the success of the Consumer Education | ||||||
8 | Campaign, which shall indicate whether additional training | ||||||
9 | is necessary or would be recommended. | ||||||
10 | (2) (Blank). The Department, in coordination with the | ||||||
11 | Department of Human Services and the Department of | ||||||
12 | Healthcare and Family Services, shall convene a working | ||||||
13 | group of health care insurance carriers, mental health | ||||||
14 | advocacy groups, substance abuse patient advocacy groups, | ||||||
15 | and mental health physician groups for the purpose of | ||||||
16 | discussing issues related to the treatment and coverage of | ||||||
17 | mental, emotional, nervous, or substance use disorders or | ||||||
18 | conditions and compliance with parity obligations under | ||||||
19 | State and federal law. Compliance shall be measured, | ||||||
20 | tracked, and shared during the meetings of the working | ||||||
21 | group. The working group shall meet once before January 1, | ||||||
22 | 2016 and shall meet semiannually thereafter. The | ||||||
23 | Department shall issue an annual report to the General | ||||||
24 | Assembly that includes a list of the health care insurance | ||||||
25 | carriers, mental health advocacy groups, substance abuse | ||||||
26 | patient advocacy groups, and mental health physician |
| |||||||
| |||||||
1 | groups that participated in the working group meetings, | ||||||
2 | details on the issues and topics covered, and any | ||||||
3 | legislative recommendations developed by the working | ||||||
4 | group. | ||||||
5 | (3) Not later than January 1 of each year, the | ||||||
6 | Department, in conjunction with the Department of | ||||||
7 | Healthcare and Family Services, shall issue a joint report | ||||||
8 | to the General Assembly and provide an educational | ||||||
9 | presentation to the General Assembly. The report and | ||||||
10 | presentation shall: | ||||||
11 | (A) Cover the methodology the Departments use to | ||||||
12 | check for compliance with the federal Paul Wellstone | ||||||
13 | and Pete Domenici Mental Health Parity and Addiction | ||||||
14 | Equity Act of 2008, 42 U.S.C. 18031(j), and any | ||||||
15 | federal regulations or guidance relating to the | ||||||
16 | compliance and oversight of the federal Paul Wellstone | ||||||
17 | and Pete Domenici Mental Health Parity and Addiction | ||||||
18 | Equity Act of 2008 and 42 U.S.C. 18031(j). | ||||||
19 | (B) Cover the methodology the Departments use to | ||||||
20 | check for compliance with this Section and Sections | ||||||
21 | 356z.23 and 370c of this Code. | ||||||
22 | (C) Identify market conduct examinations or, in | ||||||
23 | the case of the Department of Healthcare and Family | ||||||
24 | Services, audits conducted or completed during the | ||||||
25 | preceding 12-month period regarding compliance with | ||||||
26 | parity in mental, emotional, nervous, and substance |
| |||||||
| |||||||
1 | use disorder or condition benefits under State and | ||||||
2 | federal laws and summarize the results of such market | ||||||
3 | conduct examinations and audits. This shall include: | ||||||
4 | (i) the number of market conduct examinations | ||||||
5 | and audits initiated and completed; | ||||||
6 | (ii) the benefit classifications examined by | ||||||
7 | each market conduct examination and audit; | ||||||
8 | (iii) the subject matter of each market | ||||||
9 | conduct examination and audit, including | ||||||
10 | quantitative and nonquantitative treatment | ||||||
11 | limitations; and | ||||||
12 | (iv) a summary of the basis for the final | ||||||
13 | decision rendered in each market conduct | ||||||
14 | examination and audit. | ||||||
15 | Individually identifiable information shall be | ||||||
16 | excluded from the reports consistent with federal | ||||||
17 | privacy protections. | ||||||
18 | (D) Detail any educational or corrective actions | ||||||
19 | the Departments have taken to ensure compliance with | ||||||
20 | the federal Paul Wellstone and Pete Domenici Mental | ||||||
21 | Health Parity and Addiction Equity Act of 2008, 42 | ||||||
22 | U.S.C. 18031(j), this Section, and Sections 356z.23 | ||||||
23 | and 370c of this Code. | ||||||
24 | (E) The report must be written in non-technical, | ||||||
25 | readily understandable language and shall be made | ||||||
26 | available to the public by, among such other means as |
| |||||||
| |||||||
1 | the Departments find appropriate, posting the report | ||||||
2 | on the Departments' websites. | ||||||
3 | (i) The Parity Advancement Fund is created as a special | ||||||
4 | fund in the State treasury. Moneys from fines and penalties | ||||||
5 | collected from insurers for violations of this Section shall | ||||||
6 | be deposited into the Fund. Moneys deposited into the Fund for | ||||||
7 | appropriation by the General Assembly to the Department shall | ||||||
8 | be used for the purpose of providing financial support of the | ||||||
9 | Consumer Education Campaign, parity compliance advocacy, and | ||||||
10 | other initiatives that support parity implementation and | ||||||
11 | enforcement on behalf of consumers. | ||||||
12 | (j) (Blank). | ||||||
13 | (j-5) The Department of Insurance shall collect the | ||||||
14 | following information: | ||||||
15 | (1) The number of employment disability insurance | ||||||
16 | plans offered in this State, including, but not limited | ||||||
17 | to: | ||||||
18 | (A) individual short-term policies; | ||||||
19 | (B) individual long-term policies; | ||||||
20 | (C) group short-term policies; and | ||||||
21 | (D) group long-term policies. | ||||||
22 | (2) The number of policies referenced in paragraph (1) | ||||||
23 | of this subsection that limit mental health and substance | ||||||
24 | use disorder benefits. | ||||||
25 | (3) The average defined benefit period for the | ||||||
26 | policies referenced in paragraph (1) of this subsection, |
| |||||||
| |||||||
1 | both for those policies that limit and those policies that | ||||||
2 | have no limitation on mental health and substance use | ||||||
3 | disorder benefits. | ||||||
4 | (4) Whether the policies referenced in paragraph (1) | ||||||
5 | of this subsection are purchased on a voluntary or | ||||||
6 | non-voluntary basis. | ||||||
7 | (5) The identities of the individuals, entities, or a | ||||||
8 | combination of the 2 that assume the cost associated with | ||||||
9 | covering the policies referenced in paragraph (1) of this | ||||||
10 | subsection. | ||||||
11 | (6) The average defined benefit period for plans that | ||||||
12 | cover physical disability and mental health and substance | ||||||
13 | abuse without limitation, including, but not limited to: | ||||||
14 | (A) individual short-term policies; | ||||||
15 | (B) individual long-term policies; | ||||||
16 | (C) group short-term policies; and | ||||||
17 | (D) group long-term policies. | ||||||
18 | (7) The average premiums for disability income | ||||||
19 | insurance issued in this State for: | ||||||
20 | (A) individual short-term policies that limit | ||||||
21 | mental health and substance use disorder benefits; | ||||||
22 | (B) individual long-term policies that limit | ||||||
23 | mental health and substance use disorder benefits; | ||||||
24 | (C) group short-term policies that limit mental | ||||||
25 | health and substance use disorder benefits; | ||||||
26 | (D) group long-term policies that limit mental |
| |||||||
| |||||||
1 | health and substance use disorder benefits; | ||||||
2 | (E) individual short-term policies that include | ||||||
3 | mental health and substance use disorder benefits | ||||||
4 | without limitation; | ||||||
5 | (F) individual long-term policies that include | ||||||
6 | mental health and substance use disorder benefits | ||||||
7 | without limitation; | ||||||
8 | (G) group short-term policies that include mental | ||||||
9 | health and substance use disorder benefits without | ||||||
10 | limitation; and | ||||||
11 | (H) group long-term policies that include mental | ||||||
12 | health and substance use disorder benefits without | ||||||
13 | limitation. | ||||||
14 | The Department shall present its findings regarding | ||||||
15 | information collected under this subsection (j-5) to the | ||||||
16 | General Assembly no later than April 30, 2024. Information | ||||||
17 | regarding a specific insurance provider's contributions to the | ||||||
18 | Department's report shall be exempt from disclosure under | ||||||
19 | paragraph (t) of subsection (1) of Section 7 of the Freedom of | ||||||
20 | Information Act. The aggregated information gathered by the | ||||||
21 | Department shall not be exempt from disclosure under paragraph | ||||||
22 | (t) of subsection (1) of Section 7 of the Freedom of | ||||||
23 | Information Act. | ||||||
24 | (k) An insurer that amends, delivers, issues, or renews a | ||||||
25 | group or individual policy of accident and health insurance or | ||||||
26 | a qualified health plan offered through the health insurance |
| |||||||
| |||||||
1 | marketplace in this State providing coverage for hospital or | ||||||
2 | medical treatment and for the treatment of mental, emotional, | ||||||
3 | nervous, or substance use disorders or conditions shall submit | ||||||
4 | an annual report, the format and definitions for which will be | ||||||
5 | determined by the Department and the Department of Healthcare | ||||||
6 | and Family Services and posted on their respective websites, | ||||||
7 | starting on September 1, 2023 and annually thereafter, that | ||||||
8 | contains the following information separately for inpatient | ||||||
9 | in-network benefits, inpatient out-of-network benefits, | ||||||
10 | outpatient in-network benefits, outpatient out-of-network | ||||||
11 | benefits, emergency care benefits, and prescription drug | ||||||
12 | benefits in the case of accident and health insurance or | ||||||
13 | qualified health plans, or inpatient, outpatient, emergency | ||||||
14 | care, and prescription drug benefits in the case of medical | ||||||
15 | assistance: | ||||||
16 | (1) A summary of the plan's pharmacy management | ||||||
17 | processes for mental, emotional, nervous, or substance use | ||||||
18 | disorder or condition benefits compared to those for other | ||||||
19 | medical benefits. | ||||||
20 | (2) A summary of the internal processes of review for | ||||||
21 | experimental benefits and unproven technology for mental, | ||||||
22 | emotional, nervous, or substance use disorder or condition | ||||||
23 | benefits and those for other medical benefits. | ||||||
24 | (3) A summary of how the plan's policies and | ||||||
25 | procedures for utilization management for mental, | ||||||
26 | emotional, nervous, or substance use disorder or condition |
| |||||||
| |||||||
1 | benefits compare to those for other medical benefits. | ||||||
2 | (4) A description of the process used to develop or | ||||||
3 | select the medical necessity criteria for mental, | ||||||
4 | emotional, nervous, or substance use disorder or condition | ||||||
5 | benefits and the process used to develop or select the | ||||||
6 | medical necessity criteria for medical and surgical | ||||||
7 | benefits. | ||||||
8 | (5) Identification of all nonquantitative treatment | ||||||
9 | limitations that are applied to both mental, emotional, | ||||||
10 | nervous, or substance use disorder or condition benefits | ||||||
11 | and medical and surgical benefits within each | ||||||
12 | classification of benefits. | ||||||
13 | (6) The results of an analysis that demonstrates that | ||||||
14 | for the medical necessity criteria described in | ||||||
15 | subparagraph (A) and for each nonquantitative treatment | ||||||
16 | limitation identified in subparagraph (B), as written and | ||||||
17 | in operation, the processes, strategies, evidentiary | ||||||
18 | standards, or other factors used in applying the medical | ||||||
19 | necessity criteria and each nonquantitative treatment | ||||||
20 | limitation to mental, emotional, nervous, or substance use | ||||||
21 | disorder or condition benefits within each classification | ||||||
22 | of benefits are comparable to, and are applied no more | ||||||
23 | stringently than, the processes, strategies, evidentiary | ||||||
24 | standards, or other factors used in applying the medical | ||||||
25 | necessity criteria and each nonquantitative treatment | ||||||
26 | limitation to medical and surgical benefits within the |
| |||||||
| |||||||
1 | corresponding classification of benefits; at a minimum, | ||||||
2 | the results of the analysis shall: | ||||||
3 | (A) identify the factors used to determine that a | ||||||
4 | nonquantitative treatment limitation applies to a | ||||||
5 | benefit, including factors that were considered but | ||||||
6 | rejected; | ||||||
7 | (B) identify and define the specific evidentiary | ||||||
8 | standards used to define the factors and any other | ||||||
9 | evidence relied upon in designing each nonquantitative | ||||||
10 | treatment limitation; | ||||||
11 | (C) provide the comparative analyses, including | ||||||
12 | the results of the analyses, performed to determine | ||||||
13 | that the processes and strategies used to design each | ||||||
14 | nonquantitative treatment limitation, as written, for | ||||||
15 | mental, emotional, nervous, or substance use disorder | ||||||
16 | or condition benefits are comparable to, and are | ||||||
17 | applied no more stringently than, the processes and | ||||||
18 | strategies used to design each nonquantitative | ||||||
19 | treatment limitation, as written, for medical and | ||||||
20 | surgical benefits; | ||||||
21 | (D) provide the comparative analyses, including | ||||||
22 | the results of the analyses, performed to determine | ||||||
23 | that the processes and strategies used to apply each | ||||||
24 | nonquantitative treatment limitation, in operation, | ||||||
25 | for mental, emotional, nervous, or substance use | ||||||
26 | disorder or condition benefits are comparable to, and |
| |||||||
| |||||||
1 | applied no more stringently than, the processes or | ||||||
2 | strategies used to apply each nonquantitative | ||||||
3 | treatment limitation, in operation, for medical and | ||||||
4 | surgical benefits; and | ||||||
5 | (E) disclose the specific findings and conclusions | ||||||
6 | reached by the insurer that the results of the | ||||||
7 | analyses described in subparagraphs (C) and (D) | ||||||
8 | indicate that the insurer is in compliance with this | ||||||
9 | Section and the Mental Health Parity and Addiction | ||||||
10 | Equity Act of 2008 and its implementing regulations, | ||||||
11 | which includes 42 CFR Parts 438, 440, and 457 and 45 | ||||||
12 | CFR 146.136 and any other related federal regulations | ||||||
13 | found in the Code of Federal Regulations. | ||||||
14 | (7) Any other information necessary to clarify data | ||||||
15 | provided in accordance with this Section requested by the | ||||||
16 | Director, including information that may be proprietary or | ||||||
17 | have commercial value, under the requirements of Section | ||||||
18 | 30 of the Viatical Settlements Act of 2009. | ||||||
19 | (l) An insurer that amends, delivers, issues, or renews a | ||||||
20 | group or individual policy of accident and health insurance or | ||||||
21 | a qualified health plan offered through the health insurance | ||||||
22 | marketplace in this State providing coverage for hospital or | ||||||
23 | medical treatment and for the treatment of mental, emotional, | ||||||
24 | nervous, or substance use disorders or conditions on or after | ||||||
25 | January 1, 2019 (the effective date of Public Act 100-1024) | ||||||
26 | shall, in advance of the plan year, make available to the |
| |||||||
| |||||||
1 | Department or, with respect to medical assistance, the | ||||||
2 | Department of Healthcare and Family Services and to all plan | ||||||
3 | participants and beneficiaries the information required in | ||||||
4 | subparagraphs (C) through (E) of paragraph (6) of subsection | ||||||
5 | (k). For plan participants and medical assistance | ||||||
6 | beneficiaries, the information required in subparagraphs (C) | ||||||
7 | through (E) of paragraph (6) of subsection (k) shall be made | ||||||
8 | available on a publicly available website whose web address is | ||||||
9 | prominently displayed in plan and managed care organization | ||||||
10 | informational and marketing materials. | ||||||
11 | (m) In conjunction with its compliance examination program | ||||||
12 | conducted in accordance with the Illinois State Auditing Act, | ||||||
13 | the Auditor General shall undertake a review of compliance by | ||||||
14 | the Department and the Department of Healthcare and Family | ||||||
15 | Services with Section 370c and this Section. Any findings | ||||||
16 | resulting from the review conducted under this Section shall | ||||||
17 | be included in the applicable State agency's compliance | ||||||
18 | examination report. Each compliance examination report shall | ||||||
19 | be issued in accordance with Section 3-14 of the Illinois | ||||||
20 | State Auditing Act. A copy of each report shall also be | ||||||
21 | delivered to the head of the applicable State agency and | ||||||
22 | posted on the Auditor General's website. | ||||||
23 | (Source: P.A. 102-135, eff. 7-23-21; 102-579, eff. 8-25-21; | ||||||
24 | 102-813, eff. 5-13-22; 103-94, eff. 1-1-24; 103-105, eff. | ||||||
25 | 6-27-23; 103-605, eff. 7-1-24.)
|
| |||||||
| |||||||
1 | (215 ILCS 5/1563) | ||||||
2 | Sec. 1563. Fees. The fees required by this Article are as | ||||||
3 | follows: | ||||||
4 | (1) Public adjuster license fee of $250 for a person | ||||||
5 | who is a resident of Illinois and $500 for a person who is | ||||||
6 | not a resident of Illinois , payable once every 2 years. | ||||||
7 | (2) Business entity license fee of $250, payable once | ||||||
8 | every 2 years. | ||||||
9 | (3) Application fee of $50 for processing each request | ||||||
10 | to take the written examination for a public adjuster | ||||||
11 | license. | ||||||
12 | (Source: P.A. 100-863, eff. 8-14-18.)
| ||||||
13 | Section 15. The Dental Care Patient Protection Act is | ||||||
14 | amended by changing Section 75 as follows:
| ||||||
15 | (215 ILCS 109/75) | ||||||
16 | Sec. 75. Application of other law. | ||||||
17 | (a) All provisions of this Act and other applicable law | ||||||
18 | that are not in conflict with this Act shall apply to managed | ||||||
19 | care dental plans and other persons subject to this Act. To the | ||||||
20 | extent that any provision of this Act or rule under this Act | ||||||
21 | would prevent the application of any standard or requirement | ||||||
22 | under the Network Adequacy and Transparency Act to a plan that | ||||||
23 | is subject to both statutes, the Network Adequacy and | ||||||
24 | Transparency Act shall supersede this Act. |
| |||||||
| |||||||
1 | (b) Solicitation of enrollees by a managed care entity | ||||||
2 | granted a certificate of authority or its representatives | ||||||
3 | shall not be construed to violate any provision of law | ||||||
4 | relating to solicitation or advertising by health | ||||||
5 | professionals. | ||||||
6 | (Source: P.A. 91-355, eff. 1-1-00.)
| ||||||
7 | Section 20. The Network Adequacy and Transparency Act is | ||||||
8 | amended by changing Sections 5, 10, and 25 as follows:
| ||||||
9 | (215 ILCS 124/5) | ||||||
10 | (Text of Section from P.A. 102-813) | ||||||
11 | Sec. 5. Definitions. In this Act: | ||||||
12 | "Authorized representative" means a person to whom a | ||||||
13 | beneficiary has given express written consent to represent the | ||||||
14 | beneficiary; a person authorized by law to provide substituted | ||||||
15 | consent for a beneficiary; or the beneficiary's treating | ||||||
16 | provider only when the beneficiary or his or her family member | ||||||
17 | is unable to provide consent. | ||||||
18 | "Beneficiary" means an individual, an enrollee, an | ||||||
19 | insured, a participant, or any other person entitled to | ||||||
20 | reimbursement for covered expenses of or the discounting of | ||||||
21 | provider fees for health care services under a program in | ||||||
22 | which the beneficiary has an incentive to utilize the services | ||||||
23 | of a provider that has entered into an agreement or | ||||||
24 | arrangement with an insurer. |
| |||||||
| |||||||
1 | "Department" means the Department of Insurance. | ||||||
2 | "Director" means the Director of Insurance. | ||||||
3 | "Family caregiver" means a relative, partner, friend, or | ||||||
4 | neighbor who has a significant relationship with the patient | ||||||
5 | and administers or assists the patient with activities of | ||||||
6 | daily living, instrumental activities of daily living, or | ||||||
7 | other medical or nursing tasks for the quality and welfare of | ||||||
8 | that patient. | ||||||
9 | "Insurer" means any entity that offers individual or group | ||||||
10 | accident and health insurance, including, but not limited to, | ||||||
11 | health maintenance organizations, preferred provider | ||||||
12 | organizations, exclusive provider organizations, and other | ||||||
13 | plan structures requiring network participation, excluding the | ||||||
14 | medical assistance program under the Illinois Public Aid Code, | ||||||
15 | the State employees group health insurance program, workers | ||||||
16 | compensation insurance, and pharmacy benefit managers. | ||||||
17 | "Material change" means a significant reduction in the | ||||||
18 | number of providers available in a network plan, including, | ||||||
19 | but not limited to, a reduction of 10% or more in a specific | ||||||
20 | type of providers, the removal of a major health system that | ||||||
21 | causes a network to be significantly different from the | ||||||
22 | network when the beneficiary purchased the network plan, or | ||||||
23 | any change that would cause the network to no longer satisfy | ||||||
24 | the requirements of this Act or the Department's rules for | ||||||
25 | network adequacy and transparency. | ||||||
26 | "Network" means the group or groups of preferred providers |
| |||||||
| |||||||
1 | providing services to a network plan. | ||||||
2 | "Network plan" means an individual or group policy of | ||||||
3 | accident and health insurance that either requires a covered | ||||||
4 | person to use or creates incentives, including financial | ||||||
5 | incentives, for a covered person to use providers managed, | ||||||
6 | owned, under contract with, or employed by the insurer. | ||||||
7 | "Ongoing course of treatment" means (1) treatment for a | ||||||
8 | life-threatening condition, which is a disease or condition | ||||||
9 | for which likelihood of death is probable unless the course of | ||||||
10 | the disease or condition is interrupted; (2) treatment for a | ||||||
11 | serious acute condition, defined as a disease or condition | ||||||
12 | requiring complex ongoing care that the covered person is | ||||||
13 | currently receiving, such as chemotherapy, radiation therapy, | ||||||
14 | or post-operative visits; (3) a course of treatment for a | ||||||
15 | health condition that a treating provider attests that | ||||||
16 | discontinuing care by that provider would worsen the condition | ||||||
17 | or interfere with anticipated outcomes; or (4) the third | ||||||
18 | trimester of pregnancy through the post-partum period. | ||||||
19 | "Preferred provider" means any provider who has entered, | ||||||
20 | either directly or indirectly, into an agreement with an | ||||||
21 | employer or risk-bearing entity relating to health care | ||||||
22 | services that may be rendered to beneficiaries under a network | ||||||
23 | plan. | ||||||
24 | "Providers" means physicians licensed to practice medicine | ||||||
25 | in all its branches, other health care professionals, | ||||||
26 | hospitals, or other health care institutions that provide |
| |||||||
| |||||||
1 | health care services. | ||||||
2 | "Short-term, limited-duration insurance" means any type of | ||||||
3 | accident and health insurance offered or provided within this | ||||||
4 | State pursuant to a group or individual policy or individual | ||||||
5 | certificate by a company, regardless of the situs state of the | ||||||
6 | delivery of the policy, that has an expiration date specified | ||||||
7 | in the contract that is fewer than 365 days after the original | ||||||
8 | effective date. Regardless of the duration of coverage, | ||||||
9 | "short-term, limited-duration insurance" does not include | ||||||
10 | excepted benefits or any student health insurance coverage. | ||||||
11 | "Telehealth" has the meaning given to that term in Section | ||||||
12 | 356z.22 of the Illinois Insurance Code. | ||||||
13 | "Telemedicine" has the meaning given to that term in | ||||||
14 | Section 49.5 of the Medical Practice Act of 1987. | ||||||
15 | "Tiered network" means a network that identifies and | ||||||
16 | groups some or all types of provider and facilities into | ||||||
17 | specific groups to which different provider reimbursement, | ||||||
18 | covered person cost-sharing or provider access requirements, | ||||||
19 | or any combination thereof, apply for the same services. | ||||||
20 | "Woman's principal health care provider" means a physician | ||||||
21 | licensed to practice medicine in all of its branches | ||||||
22 | specializing in obstetrics, gynecology, or family practice. | ||||||
23 | (Source: P.A. 102-92, eff. 7-9-21; 102-813, eff. 5-13-22.)
| ||||||
24 | (Text of Section from P.A. 103-650) | ||||||
25 | Sec. 5. Definitions. In this Act: |
| |||||||
| |||||||
1 | "Authorized representative" means a person to whom a | ||||||
2 | beneficiary has given express written consent to represent the | ||||||
3 | beneficiary; a person authorized by law to provide substituted | ||||||
4 | consent for a beneficiary; or the beneficiary's treating | ||||||
5 | provider only when the beneficiary or his or her family member | ||||||
6 | is unable to provide consent. | ||||||
7 | "Beneficiary" means an individual, an enrollee, an | ||||||
8 | insured, a participant, or any other person entitled to | ||||||
9 | reimbursement for covered expenses of or the discounting of | ||||||
10 | provider fees for health care services under a program in | ||||||
11 | which the beneficiary has an incentive to utilize the services | ||||||
12 | of a provider that has entered into an agreement or | ||||||
13 | arrangement with an issuer. | ||||||
14 | "Department" means the Department of Insurance. | ||||||
15 | "Essential community provider" has the meaning ascribed to | ||||||
16 | that term in 45 CFR 156.235. | ||||||
17 | "Excepted benefits" has the meaning ascribed to that term | ||||||
18 | in 42 U.S.C. 300gg-91(c) and implementing regulations. | ||||||
19 | "Excepted benefits" includes individual, group, or blanket | ||||||
20 | coverage. | ||||||
21 | "Exchange" has the meaning ascribed to that term in 45 CFR | ||||||
22 | 155.20. | ||||||
23 | "Director" means the Director of Insurance. | ||||||
24 | "Family caregiver" means a relative, partner, friend, or | ||||||
25 | neighbor who has a significant relationship with the patient | ||||||
26 | and administers or assists the patient with activities of |
| |||||||
| |||||||
1 | daily living, instrumental activities of daily living, or | ||||||
2 | other medical or nursing tasks for the quality and welfare of | ||||||
3 | that patient. | ||||||
4 | "Group health plan" has the meaning ascribed to that term | ||||||
5 | in Section 5 of the Illinois Health Insurance Portability and | ||||||
6 | Accountability Act. | ||||||
7 | "Health insurance coverage" has the meaning ascribed to | ||||||
8 | that term in Section 5 of the Illinois Health Insurance | ||||||
9 | Portability and Accountability Act. "Health insurance | ||||||
10 | coverage" does not include any coverage or benefits under | ||||||
11 | Medicare or under the medical assistance program established | ||||||
12 | under Article V of the Illinois Public Aid Code. | ||||||
13 | "Issuer" means a "health insurance issuer" as defined in | ||||||
14 | Section 5 of the Illinois Health Insurance Portability and | ||||||
15 | Accountability Act. | ||||||
16 | "Material change" means a significant reduction in the | ||||||
17 | number of providers available in a network plan, including, | ||||||
18 | but not limited to, a reduction of 10% or more in a specific | ||||||
19 | type of providers within any county, the removal of a major | ||||||
20 | health system that causes a network to be significantly | ||||||
21 | different within any county from the network when the | ||||||
22 | beneficiary purchased the network plan, or any change that | ||||||
23 | would cause the network to no longer satisfy the requirements | ||||||
24 | of this Act or the Department's rules for network adequacy and | ||||||
25 | transparency. | ||||||
26 | "Network" means the group or groups of preferred providers |
| |||||||
| |||||||
1 | providing services to a network plan. | ||||||
2 | "Network plan" means an individual or group policy of | ||||||
3 | health insurance coverage that either requires a covered | ||||||
4 | person to use or creates incentives, including financial | ||||||
5 | incentives, for a covered person to use providers managed, | ||||||
6 | owned, under contract with, or employed by the issuer or by a | ||||||
7 | third party contracted to arrange, contract for, or administer | ||||||
8 | such provider-related incentives for the issuer. | ||||||
9 | "Ongoing course of treatment" means (1) treatment for a | ||||||
10 | life-threatening condition, which is a disease or condition | ||||||
11 | for which likelihood of death is probable unless the course of | ||||||
12 | the disease or condition is interrupted; (2) treatment for a | ||||||
13 | serious acute condition, defined as a disease or condition | ||||||
14 | requiring complex ongoing care that the covered person is | ||||||
15 | currently receiving, such as chemotherapy, radiation therapy, | ||||||
16 | post-operative visits, or a serious and complex condition as | ||||||
17 | defined under 42 U.S.C. 300gg-113(b)(2); (3) a course of | ||||||
18 | treatment for a health condition that a treating provider | ||||||
19 | attests that discontinuing care by that provider would worsen | ||||||
20 | the condition or interfere with anticipated outcomes; (4) the | ||||||
21 | third trimester of pregnancy through the post-partum period; | ||||||
22 | (5) undergoing a course of institutional or inpatient care | ||||||
23 | from the provider within the meaning of 42 U.S.C. | ||||||
24 | 300gg-113(b)(1)(B); (6) being scheduled to undergo nonelective | ||||||
25 | surgery from the provider, including receipt of preoperative | ||||||
26 | or postoperative care from such provider with respect to such |
| |||||||
| |||||||
1 | a surgery; (7) being determined to be terminally ill, as | ||||||
2 | determined under 42 U.S.C. 1395x(dd)(3)(A), and receiving | ||||||
3 | treatment for such illness from such provider; or (8) any | ||||||
4 | other treatment of a condition or disease that requires | ||||||
5 | repeated health care services pursuant to a plan of treatment | ||||||
6 | by a provider because of the potential for changes in the | ||||||
7 | therapeutic regimen or because of the potential for a | ||||||
8 | recurrence of symptoms. | ||||||
9 | "Preferred provider" means any provider who has entered, | ||||||
10 | either directly or indirectly, into an agreement with an | ||||||
11 | employer or risk-bearing entity relating to health care | ||||||
12 | services that may be rendered to beneficiaries under a network | ||||||
13 | plan. | ||||||
14 | "Providers" means physicians licensed to practice medicine | ||||||
15 | in all its branches, other health care professionals, | ||||||
16 | hospitals, or other health care institutions or facilities | ||||||
17 | that provide health care services. | ||||||
18 | "Short-term, limited-duration insurance" means any type of | ||||||
19 | accident and health insurance offered or provided within this | ||||||
20 | State pursuant to a group or individual policy or individual | ||||||
21 | certificate by a company, regardless of the situs state of the | ||||||
22 | delivery of the policy, that has an expiration date specified | ||||||
23 | in the contract that is fewer than 365 days after the original | ||||||
24 | effective date. Regardless of the duration of coverage, | ||||||
25 | "short-term, limited-duration insurance" does not include | ||||||
26 | excepted benefits or any student health insurance coverage. |
| |||||||
| |||||||
1 | "Stand-alone dental plan" has the meaning ascribed to that | ||||||
2 | term in 45 CFR 156.400. | ||||||
3 | "Telehealth" has the meaning given to that term in Section | ||||||
4 | 356z.22 of the Illinois Insurance Code. | ||||||
5 | "Telemedicine" has the meaning given to that term in | ||||||
6 | Section 49.5 of the Medical Practice Act of 1987. | ||||||
7 | "Tiered network" means a network that identifies and | ||||||
8 | groups some or all types of provider and facilities into | ||||||
9 | specific groups to which different provider reimbursement, | ||||||
10 | covered person cost-sharing or provider access requirements, | ||||||
11 | or any combination thereof, apply for the same services. | ||||||
12 | "Woman's principal health care provider" means a physician | ||||||
13 | licensed to practice medicine in all of its branches | ||||||
14 | specializing in obstetrics, gynecology, or family practice. | ||||||
15 | (Source: P.A. 102-92, eff. 7-9-21; 102-813, eff. 5-13-22; | ||||||
16 | 103-650, eff. 1-1-25.)
| ||||||
17 | (Text of Section from P.A. 103-718) | ||||||
18 | Sec. 5. Definitions. In this Act: | ||||||
19 | "Authorized representative" means a person to whom a | ||||||
20 | beneficiary has given express written consent to represent the | ||||||
21 | beneficiary; a person authorized by law to provide substituted | ||||||
22 | consent for a beneficiary; or the beneficiary's treating | ||||||
23 | provider only when the beneficiary or his or her family member | ||||||
24 | is unable to provide consent. | ||||||
25 | "Beneficiary" means an individual, an enrollee, an |
| |||||||
| |||||||
1 | insured, a participant, or any other person entitled to | ||||||
2 | reimbursement for covered expenses of or the discounting of | ||||||
3 | provider fees for health care services under a program in | ||||||
4 | which the beneficiary has an incentive to utilize the services | ||||||
5 | of a provider that has entered into an agreement or | ||||||
6 | arrangement with an insurer. | ||||||
7 | "Department" means the Department of Insurance. | ||||||
8 | "Director" means the Director of Insurance. | ||||||
9 | "Family caregiver" means a relative, partner, friend, or | ||||||
10 | neighbor who has a significant relationship with the patient | ||||||
11 | and administers or assists the patient with activities of | ||||||
12 | daily living, instrumental activities of daily living, or | ||||||
13 | other medical or nursing tasks for the quality and welfare of | ||||||
14 | that patient. | ||||||
15 | "Insurer" means any entity that offers individual or group | ||||||
16 | accident and health insurance, including, but not limited to, | ||||||
17 | health maintenance organizations, preferred provider | ||||||
18 | organizations, exclusive provider organizations, and other | ||||||
19 | plan structures requiring network participation, excluding the | ||||||
20 | medical assistance program under the Illinois Public Aid Code, | ||||||
21 | the State employees group health insurance program, workers | ||||||
22 | compensation insurance, and pharmacy benefit managers. | ||||||
23 | "Material change" means a significant reduction in the | ||||||
24 | number of providers available in a network plan, including, | ||||||
25 | but not limited to, a reduction of 10% or more in a specific | ||||||
26 | type of providers, the removal of a major health system that |
| |||||||
| |||||||
1 | causes a network to be significantly different from the | ||||||
2 | network when the beneficiary purchased the network plan, or | ||||||
3 | any change that would cause the network to no longer satisfy | ||||||
4 | the requirements of this Act or the Department's rules for | ||||||
5 | network adequacy and transparency. | ||||||
6 | "Network" means the group or groups of preferred providers | ||||||
7 | providing services to a network plan. | ||||||
8 | "Network plan" means an individual or group policy of | ||||||
9 | accident and health insurance that either requires a covered | ||||||
10 | person to use or creates incentives, including financial | ||||||
11 | incentives, for a covered person to use providers managed, | ||||||
12 | owned, under contract with, or employed by the insurer. | ||||||
13 | "Ongoing course of treatment" means (1) treatment for a | ||||||
14 | life-threatening condition, which is a disease or condition | ||||||
15 | for which likelihood of death is probable unless the course of | ||||||
16 | the disease or condition is interrupted; (2) treatment for a | ||||||
17 | serious acute condition, defined as a disease or condition | ||||||
18 | requiring complex ongoing care that the covered person is | ||||||
19 | currently receiving, such as chemotherapy, radiation therapy, | ||||||
20 | or post-operative visits; (3) a course of treatment for a | ||||||
21 | health condition that a treating provider attests that | ||||||
22 | discontinuing care by that provider would worsen the condition | ||||||
23 | or interfere with anticipated outcomes; or (4) the third | ||||||
24 | trimester of pregnancy through the post-partum period. | ||||||
25 | "Preferred provider" means any provider who has entered, | ||||||
26 | either directly or indirectly, into an agreement with an |
| |||||||
| |||||||
1 | employer or risk-bearing entity relating to health care | ||||||
2 | services that may be rendered to beneficiaries under a network | ||||||
3 | plan. | ||||||
4 | "Providers" means physicians licensed to practice medicine | ||||||
5 | in all its branches, other health care professionals, | ||||||
6 | hospitals, or other health care institutions that provide | ||||||
7 | health care services. | ||||||
8 | "Short-term, limited-duration insurance" means any type of | ||||||
9 | accident and health insurance offered or provided within this | ||||||
10 | State pursuant to a group or individual policy or individual | ||||||
11 | certificate by a company, regardless of the situs state of the | ||||||
12 | delivery of the policy, that has an expiration date specified | ||||||
13 | in the contract that is fewer than 365 days after the original | ||||||
14 | effective date. Regardless of the duration of coverage, | ||||||
15 | "short-term, limited-duration insurance" does not include | ||||||
16 | excepted benefits or any student health insurance coverage. | ||||||
17 | "Telehealth" has the meaning given to that term in Section | ||||||
18 | 356z.22 of the Illinois Insurance Code. | ||||||
19 | "Telemedicine" has the meaning given to that term in | ||||||
20 | Section 49.5 of the Medical Practice Act of 1987. | ||||||
21 | "Tiered network" means a network that identifies and | ||||||
22 | groups some or all types of provider and facilities into | ||||||
23 | specific groups to which different provider reimbursement, | ||||||
24 | covered person cost-sharing or provider access requirements, | ||||||
25 | or any combination thereof, apply for the same services. | ||||||
26 | (Source: P.A. 102-92, eff. 7-9-21; 102-813, eff. 5-13-22; |
| |||||||
| |||||||
1 | 103-718, eff. 7-19-24.)
| ||||||
2 | (Text of Section from P.A. 103-777) | ||||||
3 | Sec. 5. Definitions. In this Act: | ||||||
4 | "Authorized representative" means a person to whom a | ||||||
5 | beneficiary has given express written consent to represent the | ||||||
6 | beneficiary; a person authorized by law to provide substituted | ||||||
7 | consent for a beneficiary; or the beneficiary's treating | ||||||
8 | provider only when the beneficiary or his or her family member | ||||||
9 | is unable to provide consent. | ||||||
10 | "Beneficiary" means an individual, an enrollee, an | ||||||
11 | insured, a participant, or any other person entitled to | ||||||
12 | reimbursement for covered expenses of or the discounting of | ||||||
13 | provider fees for health care services under a program in | ||||||
14 | which the beneficiary has an incentive to utilize the services | ||||||
15 | of a provider that has entered into an agreement or | ||||||
16 | arrangement with an insurer. | ||||||
17 | "Department" means the Department of Insurance. | ||||||
18 | "Director" means the Director of Insurance. | ||||||
19 | "Excepted benefits" has the meaning given to that term in | ||||||
20 | 42 U.S.C. 300gg-91(c). | ||||||
21 | "Family caregiver" means a relative, partner, friend, or | ||||||
22 | neighbor who has a significant relationship with the patient | ||||||
23 | and administers or assists the patient with activities of | ||||||
24 | daily living, instrumental activities of daily living, or | ||||||
25 | other medical or nursing tasks for the quality and welfare of |
| |||||||
| |||||||
1 | that patient. | ||||||
2 | "Insurer" means any entity that offers individual or group | ||||||
3 | accident and health insurance, including, but not limited to, | ||||||
4 | health maintenance organizations, preferred provider | ||||||
5 | organizations, exclusive provider organizations, and other | ||||||
6 | plan structures requiring network participation, excluding the | ||||||
7 | medical assistance program under the Illinois Public Aid Code, | ||||||
8 | the State employees group health insurance program, workers | ||||||
9 | compensation insurance, and pharmacy benefit managers. | ||||||
10 | "Material change" means a significant reduction in the | ||||||
11 | number of providers available in a network plan, including, | ||||||
12 | but not limited to, a reduction of 10% or more in a specific | ||||||
13 | type of providers, the removal of a major health system that | ||||||
14 | causes a network to be significantly different from the | ||||||
15 | network when the beneficiary purchased the network plan, or | ||||||
16 | any change that would cause the network to no longer satisfy | ||||||
17 | the requirements of this Act or the Department's rules for | ||||||
18 | network adequacy and transparency. | ||||||
19 | "Network" means the group or groups of preferred providers | ||||||
20 | providing services to a network plan. | ||||||
21 | "Network plan" means an individual or group policy of | ||||||
22 | accident and health insurance that either requires a covered | ||||||
23 | person to use or creates incentives, including financial | ||||||
24 | incentives, for a covered person to use providers managed, | ||||||
25 | owned, under contract with, or employed by the insurer. | ||||||
26 | "Ongoing course of treatment" means (1) treatment for a |
| |||||||
| |||||||
1 | life-threatening condition, which is a disease or condition | ||||||
2 | for which likelihood of death is probable unless the course of | ||||||
3 | the disease or condition is interrupted; (2) treatment for a | ||||||
4 | serious acute condition, defined as a disease or condition | ||||||
5 | requiring complex ongoing care that the covered person is | ||||||
6 | currently receiving, such as chemotherapy, radiation therapy, | ||||||
7 | or post-operative visits; (3) a course of treatment for a | ||||||
8 | health condition that a treating provider attests that | ||||||
9 | discontinuing care by that provider would worsen the condition | ||||||
10 | or interfere with anticipated outcomes; or (4) the third | ||||||
11 | trimester of pregnancy through the post-partum period. | ||||||
12 | "Preferred provider" means any provider who has entered, | ||||||
13 | either directly or indirectly, into an agreement with an | ||||||
14 | employer or risk-bearing entity relating to health care | ||||||
15 | services that may be rendered to beneficiaries under a network | ||||||
16 | plan. | ||||||
17 | "Providers" means physicians licensed to practice medicine | ||||||
18 | in all its branches, other health care professionals, | ||||||
19 | hospitals, or other health care institutions that provide | ||||||
20 | health care services. | ||||||
21 | "Short-term, limited-duration health insurance coverage " | ||||||
22 | means any type of accident and health insurance offered or | ||||||
23 | provided within this State pursuant to a group or individual | ||||||
24 | policy or individual certificate by a company, regardless of | ||||||
25 | the situs state of the delivery of the policy, that has an | ||||||
26 | expiration date specified in the contract that is fewer than |
| |||||||
| |||||||
1 | 365 days after the original effective date. Regardless of the | ||||||
2 | duration of coverage, "short-term, limited-duration insurance" | ||||||
3 | does not include excepted benefits or any student health | ||||||
4 | insurance coverage. has the meaning given to that term in | ||||||
5 | Section 5 of the Short-Term, Limited-Duration Health Insurance | ||||||
6 | Coverage Act. | ||||||
7 | "Stand-alone dental plan" has the meaning given to that | ||||||
8 | term in 45 CFR 156.400. | ||||||
9 | "Telehealth" has the meaning given to that term in Section | ||||||
10 | 356z.22 of the Illinois Insurance Code. | ||||||
11 | "Telemedicine" has the meaning given to that term in | ||||||
12 | Section 49.5 of the Medical Practice Act of 1987. | ||||||
13 | "Tiered network" means a network that identifies and | ||||||
14 | groups some or all types of provider and facilities into | ||||||
15 | specific groups to which different provider reimbursement, | ||||||
16 | covered person cost-sharing or provider access requirements, | ||||||
17 | or any combination thereof, apply for the same services. | ||||||
18 | "Woman's principal health care provider" means a physician | ||||||
19 | licensed to practice medicine in all of its branches | ||||||
20 | specializing in obstetrics, gynecology, or family practice. | ||||||
21 | (Source: P.A. 102-92, eff. 7-9-21; 102-813, eff. 5-13-22; | ||||||
22 | 103-777, eff. 1-1-25. )
| ||||||
23 | (215 ILCS 124/10) | ||||||
24 | (Text of Section from P.A. 103-650) | ||||||
25 | Sec. 10. Network adequacy. |
| |||||||
| |||||||
1 | (a) Before issuing, delivering, or renewing a network | ||||||
2 | plan, an issuer providing a network plan shall file a | ||||||
3 | description of all of the following with the Director: | ||||||
4 | (1) The written policies and procedures for adding | ||||||
5 | providers to meet patient needs based on increases in the | ||||||
6 | number of beneficiaries, changes in the | ||||||
7 | patient-to-provider ratio, changes in medical and health | ||||||
8 | care capabilities, and increased demand for services. | ||||||
9 | (2) The written policies and procedures for making | ||||||
10 | referrals within and outside the network. | ||||||
11 | (3) The written policies and procedures on how the | ||||||
12 | network plan will provide 24-hour, 7-day per week access | ||||||
13 | to network-affiliated primary care, emergency services, | ||||||
14 | and women's principal health care providers. | ||||||
15 | An issuer shall not prohibit a preferred provider from | ||||||
16 | discussing any specific or all treatment options with | ||||||
17 | beneficiaries irrespective of the insurer's position on those | ||||||
18 | treatment options or from advocating on behalf of | ||||||
19 | beneficiaries within the utilization review, grievance, or | ||||||
20 | appeals processes established by the issuer in accordance with | ||||||
21 | any rights or remedies available under applicable State or | ||||||
22 | federal law. | ||||||
23 | (b) Before issuing, delivering, or renewing a network | ||||||
24 | plan, an issuer must file for review a description of the | ||||||
25 | services to be offered through a network plan. The description | ||||||
26 | shall include all of the following: |
| |||||||
| |||||||
1 | (1) A geographic map of the area proposed to be served | ||||||
2 | by the plan by county service area and zip code, including | ||||||
3 | marked locations for preferred providers. | ||||||
4 | (2) As deemed necessary by the Department, the names, | ||||||
5 | addresses, phone numbers, and specialties of the providers | ||||||
6 | who have entered into preferred provider agreements under | ||||||
7 | the network plan. | ||||||
8 | (3) The number of beneficiaries anticipated to be | ||||||
9 | covered by the network plan. | ||||||
10 | (4) An Internet website and toll-free telephone number | ||||||
11 | for beneficiaries and prospective beneficiaries to access | ||||||
12 | current and accurate lists of preferred providers in each | ||||||
13 | plan, additional information about the plan, as well as | ||||||
14 | any other information required by Department rule. | ||||||
15 | (5) A description of how health care services to be | ||||||
16 | rendered under the network plan are reasonably accessible | ||||||
17 | and available to beneficiaries. The description shall | ||||||
18 | address all of the following: | ||||||
19 | (A) the type of health care services to be | ||||||
20 | provided by the network plan; | ||||||
21 | (B) the ratio of physicians and other providers to | ||||||
22 | beneficiaries, by specialty and including primary care | ||||||
23 | physicians and facility-based physicians when | ||||||
24 | applicable under the contract, necessary to meet the | ||||||
25 | health care needs and service demands of the currently | ||||||
26 | enrolled population; |
| |||||||
| |||||||
1 | (C) the travel and distance standards for plan | ||||||
2 | beneficiaries in county service areas; and | ||||||
3 | (D) a description of how the use of telemedicine, | ||||||
4 | telehealth, or mobile care services may be used to | ||||||
5 | partially meet the network adequacy standards, if | ||||||
6 | applicable. | ||||||
7 | (6) A provision ensuring that whenever a beneficiary | ||||||
8 | has made a good faith effort, as evidenced by accessing | ||||||
9 | the provider directory, calling the network plan, and | ||||||
10 | calling the provider, to utilize preferred providers for a | ||||||
11 | covered service and it is determined the insurer does not | ||||||
12 | have the appropriate preferred providers due to | ||||||
13 | insufficient number, type, unreasonable travel distance or | ||||||
14 | delay, or preferred providers refusing to provide a | ||||||
15 | covered service because it is contrary to the conscience | ||||||
16 | of the preferred providers, as protected by the Health | ||||||
17 | Care Right of Conscience Act, the issuer shall ensure, | ||||||
18 | directly or indirectly, by terms contained in the payer | ||||||
19 | contract, that the beneficiary will be provided the | ||||||
20 | covered service at no greater cost to the beneficiary than | ||||||
21 | if the service had been provided by a preferred provider. | ||||||
22 | This paragraph (6) does not apply to: (A) a beneficiary | ||||||
23 | who willfully chooses to access a non-preferred provider | ||||||
24 | for health care services available through the panel of | ||||||
25 | preferred providers, or (B) a beneficiary enrolled in a | ||||||
26 | health maintenance organization. In these circumstances, |
| |||||||
| |||||||
1 | the contractual requirements for non-preferred provider | ||||||
2 | reimbursements shall apply unless Section 356z.3a of the | ||||||
3 | Illinois Insurance Code requires otherwise. In no event | ||||||
4 | shall a beneficiary who receives care at a participating | ||||||
5 | health care facility be required to search for | ||||||
6 | participating providers under the circumstances described | ||||||
7 | in subsection (b) or (b-5) of Section 356z.3a of the | ||||||
8 | Illinois Insurance Code except under the circumstances | ||||||
9 | described in paragraph (2) of subsection (b-5). | ||||||
10 | (7) A provision that the beneficiary shall receive | ||||||
11 | emergency care coverage such that payment for this | ||||||
12 | coverage is not dependent upon whether the emergency | ||||||
13 | services are performed by a preferred or non-preferred | ||||||
14 | provider and the coverage shall be at the same benefit | ||||||
15 | level as if the service or treatment had been rendered by a | ||||||
16 | preferred provider. For purposes of this paragraph (7), | ||||||
17 | "the same benefit level" means that the beneficiary is | ||||||
18 | provided the covered service at no greater cost to the | ||||||
19 | beneficiary than if the service had been provided by a | ||||||
20 | preferred provider. This provision shall be consistent | ||||||
21 | with Section 356z.3a of the Illinois Insurance Code. | ||||||
22 | (8) A limitation that, if the plan provides that the | ||||||
23 | beneficiary will incur a penalty for failing to | ||||||
24 | pre-certify inpatient hospital treatment, the penalty may | ||||||
25 | not exceed $1,000 per occurrence in addition to the plan | ||||||
26 | cost sharing provisions. |
| |||||||
| |||||||
1 | (9) For a network plan to be offered through the | ||||||
2 | Exchange in the individual or small group market, as well | ||||||
3 | as any off-Exchange mirror of such a network plan, | ||||||
4 | evidence that the network plan includes essential | ||||||
5 | community providers in accordance with rules established | ||||||
6 | by the Exchange that will operate in this State for the | ||||||
7 | applicable plan year. | ||||||
8 | (c) The issuer shall demonstrate to the Director a minimum | ||||||
9 | ratio of providers to plan beneficiaries as required by the | ||||||
10 | Department for each network plan. | ||||||
11 | (1) The minimum ratio of physicians or other providers | ||||||
12 | to plan beneficiaries shall be established by the | ||||||
13 | Department in consultation with the Department of Public | ||||||
14 | Health based upon the guidance from the federal Centers | ||||||
15 | for Medicare and Medicaid Services. The Department shall | ||||||
16 | not establish ratios for vision or dental providers who | ||||||
17 | provide services under dental-specific or vision-specific | ||||||
18 | benefits, except to the extent provided under federal law | ||||||
19 | for stand-alone dental plans. The Department shall | ||||||
20 | consider establishing ratios for the following physicians | ||||||
21 | or other providers: | ||||||
22 | (A) Primary Care; | ||||||
23 | (B) Pediatrics; | ||||||
24 | (C) Cardiology; | ||||||
25 | (D) Gastroenterology; | ||||||
26 | (E) General Surgery; |
| |||||||
| |||||||
1 | (F) Neurology; | ||||||
2 | (G) OB/GYN; | ||||||
3 | (H) Oncology/Radiation; | ||||||
4 | (I) Ophthalmology; | ||||||
5 | (J) Urology; | ||||||
6 | (K) Behavioral Health; | ||||||
7 | (L) Allergy/Immunology; | ||||||
8 | (M) Chiropractic; | ||||||
9 | (N) Dermatology; | ||||||
10 | (O) Endocrinology; | ||||||
11 | (P) Ears, Nose, and Throat (ENT)/Otolaryngology; | ||||||
12 | (Q) Infectious Disease; | ||||||
13 | (R) Nephrology; | ||||||
14 | (S) Neurosurgery; | ||||||
15 | (T) Orthopedic Surgery; | ||||||
16 | (U) Physiatry/Rehabilitative; | ||||||
17 | (V) Plastic Surgery; | ||||||
18 | (W) Pulmonary; | ||||||
19 | (X) Rheumatology; | ||||||
20 | (Y) Anesthesiology; | ||||||
21 | (Z) Pain Medicine; | ||||||
22 | (AA) Pediatric Specialty Services; | ||||||
23 | (BB) Outpatient Dialysis; and | ||||||
24 | (CC) HIV. | ||||||
25 | (2) The Director shall establish a process for the | ||||||
26 | review of the adequacy of these standards, along with an |
| |||||||
| |||||||
1 | assessment of additional specialties to be included in the | ||||||
2 | list under this subsection (c). | ||||||
3 | (3) Notwithstanding any other law or rule, the minimum | ||||||
4 | ratio for each provider type shall be no less than any such | ||||||
5 | ratio established for qualified health plans in | ||||||
6 | Federally-Facilitated Exchanges by federal law or by the | ||||||
7 | federal Centers for Medicare and Medicaid Services, even | ||||||
8 | if the network plan is issued in the large group market or | ||||||
9 | is otherwise not issued through an exchange. Federal | ||||||
10 | standards for stand-alone dental plans shall only apply to | ||||||
11 | such network plans. In the absence of an applicable | ||||||
12 | Department rule, the federal standards shall apply for the | ||||||
13 | time period specified in the federal law, regulation, or | ||||||
14 | guidance. If the Centers for Medicare and Medicaid | ||||||
15 | Services establish standards that are more stringent than | ||||||
16 | the standards in effect under any Department rule, the | ||||||
17 | Department may amend its rules to conform to the more | ||||||
18 | stringent federal standards. | ||||||
19 | (d) The network plan shall demonstrate to the Director | ||||||
20 | maximum travel and distance standards and appointment wait | ||||||
21 | time standards for plan beneficiaries, which shall be | ||||||
22 | established by the Department in consultation with the | ||||||
23 | Department of Public Health based upon the guidance from the | ||||||
24 | federal Centers for Medicare and Medicaid Services. These | ||||||
25 | standards shall consist of the maximum minutes or miles to be | ||||||
26 | traveled by a plan beneficiary for each county type, such as |
| |||||||
| |||||||
1 | large counties, metro counties, or rural counties as defined | ||||||
2 | by Department rule. | ||||||
3 | The maximum travel time and distance standards must | ||||||
4 | include standards for each physician and other provider | ||||||
5 | category listed for which ratios have been established. | ||||||
6 | The Director shall establish a process for the review of | ||||||
7 | the adequacy of these standards along with an assessment of | ||||||
8 | additional specialties to be included in the list under this | ||||||
9 | subsection (d). | ||||||
10 | Notwithstanding any other law or Department rule, the | ||||||
11 | maximum travel time and distance standards and appointment | ||||||
12 | wait time standards shall be no greater than any such | ||||||
13 | standards established for qualified health plans in | ||||||
14 | Federally-Facilitated Exchanges by federal law or by the | ||||||
15 | federal Centers for Medicare and Medicaid Services, even if | ||||||
16 | the network plan is issued in the large group market or is | ||||||
17 | otherwise not issued through an exchange. Federal standards | ||||||
18 | for stand-alone dental plans shall only apply to such network | ||||||
19 | plans. In the absence of an applicable Department rule, the | ||||||
20 | federal standards shall apply for the time period specified in | ||||||
21 | the federal law, regulation, or guidance. If the Centers for | ||||||
22 | Medicare and Medicaid Services establish standards that are | ||||||
23 | more stringent than the standards in effect under any | ||||||
24 | Department rule, the Department may amend its rules to conform | ||||||
25 | to the more stringent federal standards. | ||||||
26 | If the federal area designations for the maximum time or |
| |||||||
| |||||||
1 | distance or appointment wait time standards required are | ||||||
2 | changed by the most recent Letter to Issuers in the | ||||||
3 | Federally-facilitated Marketplaces, the Department shall post | ||||||
4 | on its website notice of such changes and may amend its rules | ||||||
5 | to conform to those designations if the Director deems | ||||||
6 | appropriate. | ||||||
7 | (d-5)(1) Every issuer shall ensure that beneficiaries have | ||||||
8 | timely and proximate access to treatment for mental, | ||||||
9 | emotional, nervous, or substance use disorders or conditions | ||||||
10 | in accordance with the provisions of paragraph (4) of | ||||||
11 | subsection (a) of Section 370c of the Illinois Insurance Code. | ||||||
12 | Issuers shall use a comparable process, strategy, evidentiary | ||||||
13 | standard, and other factors in the development and application | ||||||
14 | of the network adequacy standards for timely and proximate | ||||||
15 | access to treatment for mental, emotional, nervous, or | ||||||
16 | substance use disorders or conditions and those for the access | ||||||
17 | to treatment for medical and surgical conditions. As such, the | ||||||
18 | network adequacy standards for timely and proximate access | ||||||
19 | shall equally be applied to treatment facilities and providers | ||||||
20 | for mental, emotional, nervous, or substance use disorders or | ||||||
21 | conditions and specialists providing medical or surgical | ||||||
22 | benefits pursuant to the parity requirements of Section 370c.1 | ||||||
23 | of the Illinois Insurance Code and the federal Paul Wellstone | ||||||
24 | and Pete Domenici Mental Health Parity and Addiction Equity | ||||||
25 | Act of 2008. Notwithstanding the foregoing, the network | ||||||
26 | adequacy standards for timely and proximate access to |
| |||||||
| |||||||
1 | treatment for mental, emotional, nervous, or substance use | ||||||
2 | disorders or conditions shall, at a minimum, satisfy the | ||||||
3 | following requirements: | ||||||
4 | (A) For beneficiaries residing in the metropolitan | ||||||
5 | counties of Cook, DuPage, Kane, Lake, McHenry, and Will, | ||||||
6 | network adequacy standards for timely and proximate access | ||||||
7 | to treatment for mental, emotional, nervous, or substance | ||||||
8 | use disorders or conditions means a beneficiary shall not | ||||||
9 | have to travel longer than 30 minutes or 30 miles from the | ||||||
10 | beneficiary's residence to receive outpatient treatment | ||||||
11 | for mental, emotional, nervous, or substance use disorders | ||||||
12 | or conditions. Beneficiaries shall not be required to wait | ||||||
13 | longer than 10 business days between requesting an initial | ||||||
14 | appointment and being seen by the facility or provider of | ||||||
15 | mental, emotional, nervous, or substance use disorders or | ||||||
16 | conditions for outpatient treatment or to wait longer than | ||||||
17 | 20 business days between requesting a repeat or follow-up | ||||||
18 | appointment and being seen by the facility or provider of | ||||||
19 | mental, emotional, nervous, or substance use disorders or | ||||||
20 | conditions for outpatient treatment; however, subject to | ||||||
21 | the protections of paragraph (3) of this subsection, a | ||||||
22 | network plan shall not be held responsible if the | ||||||
23 | beneficiary or provider voluntarily chooses to schedule an | ||||||
24 | appointment outside of these required time frames. | ||||||
25 | (B) For beneficiaries residing in Illinois counties | ||||||
26 | other than those counties listed in subparagraph (A) of |
| |||||||
| |||||||
1 | this paragraph, network adequacy standards for timely and | ||||||
2 | proximate access to treatment for mental, emotional, | ||||||
3 | nervous, or substance use disorders or conditions means a | ||||||
4 | beneficiary shall not have to travel longer than 60 | ||||||
5 | minutes or 60 miles from the beneficiary's residence to | ||||||
6 | receive outpatient treatment for mental, emotional, | ||||||
7 | nervous, or substance use disorders or conditions. | ||||||
8 | Beneficiaries shall not be required to wait longer than 10 | ||||||
9 | business days between requesting an initial appointment | ||||||
10 | and being seen by the facility or provider of mental, | ||||||
11 | emotional, nervous, or substance use disorders or | ||||||
12 | conditions for outpatient treatment or to wait longer than | ||||||
13 | 20 business days between requesting a repeat or follow-up | ||||||
14 | appointment and being seen by the facility or provider of | ||||||
15 | mental, emotional, nervous, or substance use disorders or | ||||||
16 | conditions for outpatient treatment; however, subject to | ||||||
17 | the protections of paragraph (3) of this subsection, a | ||||||
18 | network plan shall not be held responsible if the | ||||||
19 | beneficiary or provider voluntarily chooses to schedule an | ||||||
20 | appointment outside of these required time frames. | ||||||
21 | (2) For beneficiaries residing in all Illinois counties, | ||||||
22 | network adequacy standards for timely and proximate access to | ||||||
23 | treatment for mental, emotional, nervous, or substance use | ||||||
24 | disorders or conditions means a beneficiary shall not have to | ||||||
25 | travel longer than 60 minutes or 60 miles from the | ||||||
26 | beneficiary's residence to receive inpatient or residential |
| |||||||
| |||||||
1 | treatment for mental, emotional, nervous, or substance use | ||||||
2 | disorders or conditions. | ||||||
3 | (3) If there is no in-network facility or provider | ||||||
4 | available for a beneficiary to receive timely and proximate | ||||||
5 | access to treatment for mental, emotional, nervous, or | ||||||
6 | substance use disorders or conditions in accordance with the | ||||||
7 | network adequacy standards outlined in this subsection, the | ||||||
8 | issuer shall provide necessary exceptions to its network to | ||||||
9 | ensure admission and treatment with a provider or at a | ||||||
10 | treatment facility in accordance with the network adequacy | ||||||
11 | standards in this subsection. | ||||||
12 | (4) If the federal Centers for Medicare and Medicaid | ||||||
13 | Services establishes or law requires more stringent standards | ||||||
14 | for qualified health plans in the Federally-Facilitated | ||||||
15 | Exchanges, the federal standards shall control for all network | ||||||
16 | plans for the time period specified in the federal law, | ||||||
17 | regulation, or guidance, even if the network plan is issued in | ||||||
18 | the large group market, is issued through a different type of | ||||||
19 | Exchange, or is otherwise not issued through an Exchange. | ||||||
20 | (e) Except for network plans solely offered as a group | ||||||
21 | health plan, these ratio and time and distance standards apply | ||||||
22 | to the lowest cost-sharing tier of any tiered network. | ||||||
23 | (f) The network plan may consider use of other health care | ||||||
24 | service delivery options, such as telemedicine or telehealth, | ||||||
25 | mobile clinics, and centers of excellence, or other ways of | ||||||
26 | delivering care to partially meet the requirements set under |
| |||||||
| |||||||
1 | this Section. | ||||||
2 | (g) Except for the requirements set forth in subsection | ||||||
3 | (d-5), insurers issuers who are not able to comply with the | ||||||
4 | provider ratios , and time and distance standards, and or | ||||||
5 | appointment wait-time wait time standards established under | ||||||
6 | this Act or federal law may request an exception to these | ||||||
7 | requirements from the Department. The Department may grant an | ||||||
8 | exception in the following circumstances: | ||||||
9 | (1) if no providers or facilities meet the specific | ||||||
10 | time and distance standard in a specific service area and | ||||||
11 | the issuer (i) discloses information on the distance and | ||||||
12 | travel time points that beneficiaries would have to travel | ||||||
13 | beyond the required criterion to reach the next closest | ||||||
14 | contracted provider outside of the service area and (ii) | ||||||
15 | provides contact information, including names, addresses, | ||||||
16 | and phone numbers for the next closest contracted provider | ||||||
17 | or facility; | ||||||
18 | (2) if patterns of care in the service area do not | ||||||
19 | support the need for the requested number of provider or | ||||||
20 | facility type and the issuer provides data on local | ||||||
21 | patterns of care, such as claims data, referral patterns, | ||||||
22 | or local provider interviews, indicating where the | ||||||
23 | beneficiaries currently seek this type of care or where | ||||||
24 | the physicians currently refer beneficiaries, or both; or | ||||||
25 | (3) other circumstances deemed appropriate by the | ||||||
26 | Department consistent with the requirements of this Act. |
| |||||||
| |||||||
1 | (h) Issuers are required to report to the Director any | ||||||
2 | material change to an approved network plan within 15 business | ||||||
3 | days after the change occurs and any change that would result | ||||||
4 | in failure to meet the requirements of this Act. The issuer | ||||||
5 | shall submit a revised version of the portions of the network | ||||||
6 | adequacy filing affected by the material change, as determined | ||||||
7 | by the Director by rule, and the issuer shall attach versions | ||||||
8 | with the changes indicated for each document that was revised | ||||||
9 | from the previous version of the filing. Upon notice from the | ||||||
10 | issuer, the Director shall reevaluate the network plan's | ||||||
11 | compliance with the network adequacy and transparency | ||||||
12 | standards of this Act. For every day past 15 business days that | ||||||
13 | the issuer fails to submit a revised network adequacy filing | ||||||
14 | to the Director, the Director may order a fine of $5,000 per | ||||||
15 | day. | ||||||
16 | (i) If a network plan is inadequate under this Act with | ||||||
17 | respect to a provider type in a county, and if the network plan | ||||||
18 | does not have an approved exception for that provider type in | ||||||
19 | that county pursuant to subsection (g), an issuer shall cover | ||||||
20 | out-of-network claims for covered health care services | ||||||
21 | received from that provider type within that county at the | ||||||
22 | in-network benefit level and shall retroactively adjudicate | ||||||
23 | and reimburse beneficiaries to achieve that objective if their | ||||||
24 | claims were processed at the out-of-network level contrary to | ||||||
25 | this subsection. Nothing in this subsection shall be construed | ||||||
26 | to supersede Section 356z.3a of the Illinois Insurance Code. |
| |||||||
| |||||||
1 | (j) If the Director determines that a network is | ||||||
2 | inadequate in any county and no exception has been granted | ||||||
3 | under subsection (g) and the issuer does not have a process in | ||||||
4 | place to comply with subsection (d-5), the Director may | ||||||
5 | prohibit the network plan from being issued or renewed within | ||||||
6 | that county until the Director determines that the network is | ||||||
7 | adequate apart from processes and exceptions described in | ||||||
8 | subsections (d-5) and (g). Nothing in this subsection shall be | ||||||
9 | construed to terminate any beneficiary's health insurance | ||||||
10 | coverage under a network plan before the expiration of the | ||||||
11 | beneficiary's policy period if the Director makes a | ||||||
12 | determination under this subsection after the issuance or | ||||||
13 | renewal of the beneficiary's policy or certificate because of | ||||||
14 | a material change. Policies or certificates issued or renewed | ||||||
15 | in violation of this subsection may subject the issuer to a | ||||||
16 | civil penalty of $5,000 per policy. | ||||||
17 | (k) For the Department to enforce any new or modified | ||||||
18 | federal standard before the Department adopts the standard by | ||||||
19 | rule, the Department must, no later than May 15 before the | ||||||
20 | start of the plan year, give public notice to the affected | ||||||
21 | health insurance issuers through a bulletin. | ||||||
22 | (Source: P.A. 102-144, eff. 1-1-22; 102-901, eff. 7-1-22; | ||||||
23 | 102-1117, eff. 1-13-23; 103-650, eff. 1-1-25.)
| ||||||
24 | (Text of Section from P.A. 103-656) | ||||||
25 | Sec. 10. Network adequacy. |
| |||||||
| |||||||
1 | (a) An insurer providing a network plan shall file a | ||||||
2 | description of all of the following with the Director: | ||||||
3 | (1) The written policies and procedures for adding | ||||||
4 | providers to meet patient needs based on increases in the | ||||||
5 | number of beneficiaries, changes in the | ||||||
6 | patient-to-provider ratio, changes in medical and health | ||||||
7 | care capabilities, and increased demand for services. | ||||||
8 | (2) The written policies and procedures for making | ||||||
9 | referrals within and outside the network. | ||||||
10 | (3) The written policies and procedures on how the | ||||||
11 | network plan will provide 24-hour, 7-day per week access | ||||||
12 | to network-affiliated primary care, emergency services, | ||||||
13 | and women's principal health care providers. | ||||||
14 | An insurer shall not prohibit a preferred provider from | ||||||
15 | discussing any specific or all treatment options with | ||||||
16 | beneficiaries irrespective of the insurer's position on those | ||||||
17 | treatment options or from advocating on behalf of | ||||||
18 | beneficiaries within the utilization review, grievance, or | ||||||
19 | appeals processes established by the insurer in accordance | ||||||
20 | with any rights or remedies available under applicable State | ||||||
21 | or federal law. | ||||||
22 | (b) Insurers must file for review a description of the | ||||||
23 | services to be offered through a network plan. The description | ||||||
24 | shall include all of the following: | ||||||
25 | (1) A geographic map of the area proposed to be served | ||||||
26 | by the plan by county service area and zip code, including |
| |||||||
| |||||||
1 | marked locations for preferred providers. | ||||||
2 | (2) As deemed necessary by the Department, the names, | ||||||
3 | addresses, phone numbers, and specialties of the providers | ||||||
4 | who have entered into preferred provider agreements under | ||||||
5 | the network plan. | ||||||
6 | (3) The number of beneficiaries anticipated to be | ||||||
7 | covered by the network plan. | ||||||
8 | (4) An Internet website and toll-free telephone number | ||||||
9 | for beneficiaries and prospective beneficiaries to access | ||||||
10 | current and accurate lists of preferred providers, | ||||||
11 | additional information about the plan, as well as any | ||||||
12 | other information required by Department rule. | ||||||
13 | (5) A description of how health care services to be | ||||||
14 | rendered under the network plan are reasonably accessible | ||||||
15 | and available to beneficiaries. The description shall | ||||||
16 | address all of the following: | ||||||
17 | (A) the type of health care services to be | ||||||
18 | provided by the network plan; | ||||||
19 | (B) the ratio of physicians and other providers to | ||||||
20 | beneficiaries, by specialty and including primary care | ||||||
21 | physicians and facility-based physicians when | ||||||
22 | applicable under the contract, necessary to meet the | ||||||
23 | health care needs and service demands of the currently | ||||||
24 | enrolled population; | ||||||
25 | (C) the travel and distance standards for plan | ||||||
26 | beneficiaries in county service areas; and |
| |||||||
| |||||||
1 | (D) a description of how the use of telemedicine, | ||||||
2 | telehealth, or mobile care services may be used to | ||||||
3 | partially meet the network adequacy standards, if | ||||||
4 | applicable. | ||||||
5 | (6) A provision ensuring that whenever a beneficiary | ||||||
6 | has made a good faith effort, as evidenced by accessing | ||||||
7 | the provider directory, calling the network plan, and | ||||||
8 | calling the provider, to utilize preferred providers for a | ||||||
9 | covered service and it is determined the insurer does not | ||||||
10 | have the appropriate preferred providers due to | ||||||
11 | insufficient number, type, unreasonable travel distance or | ||||||
12 | delay, or preferred providers refusing to provide a | ||||||
13 | covered service because it is contrary to the conscience | ||||||
14 | of the preferred providers, as protected by the Health | ||||||
15 | Care Right of Conscience Act, the insurer shall ensure, | ||||||
16 | directly or indirectly, by terms contained in the payer | ||||||
17 | contract, that the beneficiary will be provided the | ||||||
18 | covered service at no greater cost to the beneficiary than | ||||||
19 | if the service had been provided by a preferred provider. | ||||||
20 | This paragraph (6) does not apply to: (A) a beneficiary | ||||||
21 | who willfully chooses to access a non-preferred provider | ||||||
22 | for health care services available through the panel of | ||||||
23 | preferred providers, or (B) a beneficiary enrolled in a | ||||||
24 | health maintenance organization. In these circumstances, | ||||||
25 | the contractual requirements for non-preferred provider | ||||||
26 | reimbursements shall apply unless Section 356z.3a of the |
| |||||||
| |||||||
1 | Illinois Insurance Code requires otherwise. In no event | ||||||
2 | shall a beneficiary who receives care at a participating | ||||||
3 | health care facility be required to search for | ||||||
4 | participating providers under the circumstances described | ||||||
5 | in subsection (b) or (b-5) of Section 356z.3a of the | ||||||
6 | Illinois Insurance Code except under the circumstances | ||||||
7 | described in paragraph (2) of subsection (b-5). | ||||||
8 | (7) A provision that the beneficiary shall receive | ||||||
9 | emergency care coverage such that payment for this | ||||||
10 | coverage is not dependent upon whether the emergency | ||||||
11 | services are performed by a preferred or non-preferred | ||||||
12 | provider and the coverage shall be at the same benefit | ||||||
13 | level as if the service or treatment had been rendered by a | ||||||
14 | preferred provider. For purposes of this paragraph (7), | ||||||
15 | "the same benefit level" means that the beneficiary is | ||||||
16 | provided the covered service at no greater cost to the | ||||||
17 | beneficiary than if the service had been provided by a | ||||||
18 | preferred provider. This provision shall be consistent | ||||||
19 | with Section 356z.3a of the Illinois Insurance Code. | ||||||
20 | (8) A limitation that complies with subsections (d) | ||||||
21 | and (e) of Section 55 of the Prior Authorization Reform | ||||||
22 | Act. | ||||||
23 | (c) The network plan shall demonstrate to the Director a | ||||||
24 | minimum ratio of providers to plan beneficiaries as required | ||||||
25 | by the Department. | ||||||
26 | (1) The ratio of physicians or other providers to plan |
| |||||||
| |||||||
1 | beneficiaries shall be established annually by the | ||||||
2 | Department in consultation with the Department of Public | ||||||
3 | Health based upon the guidance from the federal Centers | ||||||
4 | for Medicare and Medicaid Services. The Department shall | ||||||
5 | not establish ratios for vision or dental providers who | ||||||
6 | provide services under dental-specific or vision-specific | ||||||
7 | benefits. The Department shall consider establishing | ||||||
8 | ratios for the following physicians or other providers: | ||||||
9 | (A) Primary Care; | ||||||
10 | (B) Pediatrics; | ||||||
11 | (C) Cardiology; | ||||||
12 | (D) Gastroenterology; | ||||||
13 | (E) General Surgery; | ||||||
14 | (F) Neurology; | ||||||
15 | (G) OB/GYN; | ||||||
16 | (H) Oncology/Radiation; | ||||||
17 | (I) Ophthalmology; | ||||||
18 | (J) Urology; | ||||||
19 | (K) Behavioral Health; | ||||||
20 | (L) Allergy/Immunology; | ||||||
21 | (M) Chiropractic; | ||||||
22 | (N) Dermatology; | ||||||
23 | (O) Endocrinology; | ||||||
24 | (P) Ears, Nose, and Throat (ENT)/Otolaryngology; | ||||||
25 | (Q) Infectious Disease; | ||||||
26 | (R) Nephrology; |
| |||||||
| |||||||
1 | (S) Neurosurgery; | ||||||
2 | (T) Orthopedic Surgery; | ||||||
3 | (U) Physiatry/Rehabilitative; | ||||||
4 | (V) Plastic Surgery; | ||||||
5 | (W) Pulmonary; | ||||||
6 | (X) Rheumatology; | ||||||
7 | (Y) Anesthesiology; | ||||||
8 | (Z) Pain Medicine; | ||||||
9 | (AA) Pediatric Specialty Services; | ||||||
10 | (BB) Outpatient Dialysis; and | ||||||
11 | (CC) HIV. | ||||||
12 | (2) The Director shall establish a process for the | ||||||
13 | review of the adequacy of these standards, along with an | ||||||
14 | assessment of additional specialties to be included in the | ||||||
15 | list under this subsection (c). | ||||||
16 | (d) The network plan shall demonstrate to the Director | ||||||
17 | maximum travel and distance standards for plan beneficiaries, | ||||||
18 | which shall be established annually by the Department in | ||||||
19 | consultation with the Department of Public Health based upon | ||||||
20 | the guidance from the federal Centers for Medicare and | ||||||
21 | Medicaid Services. These standards shall consist of the | ||||||
22 | maximum minutes or miles to be traveled by a plan beneficiary | ||||||
23 | for each county type, such as large counties, metro counties, | ||||||
24 | or rural counties as defined by Department rule. | ||||||
25 | The maximum travel time and distance standards must | ||||||
26 | include standards for each physician and other provider |
| |||||||
| |||||||
1 | category listed for which ratios have been established. | ||||||
2 | The Director shall establish a process for the review of | ||||||
3 | the adequacy of these standards along with an assessment of | ||||||
4 | additional specialties to be included in the list under this | ||||||
5 | subsection (d). | ||||||
6 | (d-5)(1) Every insurer shall ensure that beneficiaries | ||||||
7 | have timely and proximate access to treatment for mental, | ||||||
8 | emotional, nervous, or substance use disorders or conditions | ||||||
9 | in accordance with the provisions of paragraph (4) of | ||||||
10 | subsection (a) of Section 370c of the Illinois Insurance Code. | ||||||
11 | Insurers shall use a comparable process, strategy, evidentiary | ||||||
12 | standard, and other factors in the development and application | ||||||
13 | of the network adequacy standards for timely and proximate | ||||||
14 | access to treatment for mental, emotional, nervous, or | ||||||
15 | substance use disorders or conditions and those for the access | ||||||
16 | to treatment for medical and surgical conditions. As such, the | ||||||
17 | network adequacy standards for timely and proximate access | ||||||
18 | shall equally be applied to treatment facilities and providers | ||||||
19 | for mental, emotional, nervous, or substance use disorders or | ||||||
20 | conditions and specialists providing medical or surgical | ||||||
21 | benefits pursuant to the parity requirements of Section 370c.1 | ||||||
22 | of the Illinois Insurance Code and the federal Paul Wellstone | ||||||
23 | and Pete Domenici Mental Health Parity and Addiction Equity | ||||||
24 | Act of 2008. Notwithstanding the foregoing, the network | ||||||
25 | adequacy standards for timely and proximate access to | ||||||
26 | treatment for mental, emotional, nervous, or substance use |
| |||||||
| |||||||
1 | disorders or conditions shall, at a minimum, satisfy the | ||||||
2 | following requirements: | ||||||
3 | (A) For beneficiaries residing in the metropolitan | ||||||
4 | counties of Cook, DuPage, Kane, Lake, McHenry, and Will, | ||||||
5 | network adequacy standards for timely and proximate access | ||||||
6 | to treatment for mental, emotional, nervous, or substance | ||||||
7 | use disorders or conditions means a beneficiary shall not | ||||||
8 | have to travel longer than 30 minutes or 30 miles from the | ||||||
9 | beneficiary's residence to receive outpatient treatment | ||||||
10 | for mental, emotional, nervous, or substance use disorders | ||||||
11 | or conditions. Beneficiaries shall not be required to wait | ||||||
12 | longer than 10 business days between requesting an initial | ||||||
13 | appointment and being seen by the facility or provider of | ||||||
14 | mental, emotional, nervous, or substance use disorders or | ||||||
15 | conditions for outpatient treatment or to wait longer than | ||||||
16 | 20 business days between requesting a repeat or follow-up | ||||||
17 | appointment and being seen by the facility or provider of | ||||||
18 | mental, emotional, nervous, or substance use disorders or | ||||||
19 | conditions for outpatient treatment; however, subject to | ||||||
20 | the protections of paragraph (3) of this subsection, a | ||||||
21 | network plan shall not be held responsible if the | ||||||
22 | beneficiary or provider voluntarily chooses to schedule an | ||||||
23 | appointment outside of these required time frames. | ||||||
24 | (B) For beneficiaries residing in Illinois counties | ||||||
25 | other than those counties listed in subparagraph (A) of | ||||||
26 | this paragraph, network adequacy standards for timely and |
| |||||||
| |||||||
1 | proximate access to treatment for mental, emotional, | ||||||
2 | nervous, or substance use disorders or conditions means a | ||||||
3 | beneficiary shall not have to travel longer than 60 | ||||||
4 | minutes or 60 miles from the beneficiary's residence to | ||||||
5 | receive outpatient treatment for mental, emotional, | ||||||
6 | nervous, or substance use disorders or conditions. | ||||||
7 | Beneficiaries shall not be required to wait longer than 10 | ||||||
8 | business days between requesting an initial appointment | ||||||
9 | and being seen by the facility or provider of mental, | ||||||
10 | emotional, nervous, or substance use disorders or | ||||||
11 | conditions for outpatient treatment or to wait longer than | ||||||
12 | 20 business days between requesting a repeat or follow-up | ||||||
13 | appointment and being seen by the facility or provider of | ||||||
14 | mental, emotional, nervous, or substance use disorders or | ||||||
15 | conditions for outpatient treatment; however, subject to | ||||||
16 | the protections of paragraph (3) of this subsection, a | ||||||
17 | network plan shall not be held responsible if the | ||||||
18 | beneficiary or provider voluntarily chooses to schedule an | ||||||
19 | appointment outside of these required time frames. | ||||||
20 | (2) For beneficiaries residing in all Illinois counties, | ||||||
21 | network adequacy standards for timely and proximate access to | ||||||
22 | treatment for mental, emotional, nervous, or substance use | ||||||
23 | disorders or conditions means a beneficiary shall not have to | ||||||
24 | travel longer than 60 minutes or 60 miles from the | ||||||
25 | beneficiary's residence to receive inpatient or residential | ||||||
26 | treatment for mental, emotional, nervous, or substance use |
| |||||||
| |||||||
1 | disorders or conditions. | ||||||
2 | (3) If there is no in-network facility or provider | ||||||
3 | available for a beneficiary to receive timely and proximate | ||||||
4 | access to treatment for mental, emotional, nervous, or | ||||||
5 | substance use disorders or conditions in accordance with the | ||||||
6 | network adequacy standards outlined in this subsection, the | ||||||
7 | insurer shall provide necessary exceptions to its network to | ||||||
8 | ensure admission and treatment with a provider or at a | ||||||
9 | treatment facility in accordance with the network adequacy | ||||||
10 | standards in this subsection. | ||||||
11 | (e) Except for network plans solely offered as a group | ||||||
12 | health plan, these ratio and time and distance standards apply | ||||||
13 | to the lowest cost-sharing tier of any tiered network. | ||||||
14 | (f) The network plan may consider use of other health care | ||||||
15 | service delivery options, such as telemedicine or telehealth, | ||||||
16 | mobile clinics, and centers of excellence, or other ways of | ||||||
17 | delivering care to partially meet the requirements set under | ||||||
18 | this Section. | ||||||
19 | (g) Except for the requirements set forth in subsection | ||||||
20 | (d-5), insurers who are not able to comply with the provider | ||||||
21 | ratios , and time and distance standards , and appointment | ||||||
22 | wait-time standards established under this Act or federal law | ||||||
23 | by the Department may request an exception to these | ||||||
24 | requirements from the Department. The Department may grant an | ||||||
25 | exception in the following circumstances: | ||||||
26 | (1) if no providers or facilities meet the specific |
| |||||||
| |||||||
1 | time and distance standard in a specific service area and | ||||||
2 | the insurer (i) discloses information on the distance and | ||||||
3 | travel time points that beneficiaries would have to travel | ||||||
4 | beyond the required criterion to reach the next closest | ||||||
5 | contracted provider outside of the service area and (ii) | ||||||
6 | provides contact information, including names, addresses, | ||||||
7 | and phone numbers for the next closest contracted provider | ||||||
8 | or facility; | ||||||
9 | (2) if patterns of care in the service area do not | ||||||
10 | support the need for the requested number of provider or | ||||||
11 | facility type and the insurer provides data on local | ||||||
12 | patterns of care, such as claims data, referral patterns, | ||||||
13 | or local provider interviews, indicating where the | ||||||
14 | beneficiaries currently seek this type of care or where | ||||||
15 | the physicians currently refer beneficiaries, or both; or | ||||||
16 | (3) other circumstances deemed appropriate by the | ||||||
17 | Department consistent with the requirements of this Act. | ||||||
18 | (h) Insurers are required to report to the Director any | ||||||
19 | material change to an approved network plan within 15 days | ||||||
20 | after the change occurs and any change that would result in | ||||||
21 | failure to meet the requirements of this Act. Upon notice from | ||||||
22 | the insurer, the Director shall reevaluate the network plan's | ||||||
23 | compliance with the network adequacy and transparency | ||||||
24 | standards of this Act. | ||||||
25 | (Source: P.A. 102-144, eff. 1-1-22; 102-901, eff. 7-1-22; | ||||||
26 | 102-1117, eff. 1-13-23; 103-656, eff. 1-1-25.)
|
| |||||||
| |||||||
1 | (Text of Section from P.A. 103-718) | ||||||
2 | Sec. 10. Network adequacy. | ||||||
3 | (a) An insurer providing a network plan shall file a | ||||||
4 | description of all of the following with the Director: | ||||||
5 | (1) The written policies and procedures for adding | ||||||
6 | providers to meet patient needs based on increases in the | ||||||
7 | number of beneficiaries, changes in the | ||||||
8 | patient-to-provider ratio, changes in medical and health | ||||||
9 | care capabilities, and increased demand for services. | ||||||
10 | (2) The written policies and procedures for making | ||||||
11 | referrals within and outside the network. | ||||||
12 | (3) The written policies and procedures on how the | ||||||
13 | network plan will provide 24-hour, 7-day per week access | ||||||
14 | to network-affiliated primary care, emergency services, | ||||||
15 | and obstetrical and gynecological health care | ||||||
16 | professionals. | ||||||
17 | An insurer shall not prohibit a preferred provider from | ||||||
18 | discussing any specific or all treatment options with | ||||||
19 | beneficiaries irrespective of the insurer's position on those | ||||||
20 | treatment options or from advocating on behalf of | ||||||
21 | beneficiaries within the utilization review, grievance, or | ||||||
22 | appeals processes established by the insurer in accordance | ||||||
23 | with any rights or remedies available under applicable State | ||||||
24 | or federal law. | ||||||
25 | (b) Insurers must file for review a description of the |
| |||||||
| |||||||
1 | services to be offered through a network plan. The description | ||||||
2 | shall include all of the following: | ||||||
3 | (1) A geographic map of the area proposed to be served | ||||||
4 | by the plan by county service area and zip code, including | ||||||
5 | marked locations for preferred providers. | ||||||
6 | (2) As deemed necessary by the Department, the names, | ||||||
7 | addresses, phone numbers, and specialties of the providers | ||||||
8 | who have entered into preferred provider agreements under | ||||||
9 | the network plan. | ||||||
10 | (3) The number of beneficiaries anticipated to be | ||||||
11 | covered by the network plan. | ||||||
12 | (4) An Internet website and toll-free telephone number | ||||||
13 | for beneficiaries and prospective beneficiaries to access | ||||||
14 | current and accurate lists of preferred providers, | ||||||
15 | additional information about the plan, as well as any | ||||||
16 | other information required by Department rule. | ||||||
17 | (5) A description of how health care services to be | ||||||
18 | rendered under the network plan are reasonably accessible | ||||||
19 | and available to beneficiaries. The description shall | ||||||
20 | address all of the following: | ||||||
21 | (A) the type of health care services to be | ||||||
22 | provided by the network plan; | ||||||
23 | (B) the ratio of physicians and other providers to | ||||||
24 | beneficiaries, by specialty and including primary care | ||||||
25 | physicians and facility-based physicians when | ||||||
26 | applicable under the contract, necessary to meet the |
| |||||||
| |||||||
1 | health care needs and service demands of the currently | ||||||
2 | enrolled population; | ||||||
3 | (C) the travel and distance standards for plan | ||||||
4 | beneficiaries in county service areas; and | ||||||
5 | (D) a description of how the use of telemedicine, | ||||||
6 | telehealth, or mobile care services may be used to | ||||||
7 | partially meet the network adequacy standards, if | ||||||
8 | applicable. | ||||||
9 | (6) A provision ensuring that whenever a beneficiary | ||||||
10 | has made a good faith effort, as evidenced by accessing | ||||||
11 | the provider directory, calling the network plan, and | ||||||
12 | calling the provider, to utilize preferred providers for a | ||||||
13 | covered service and it is determined the insurer does not | ||||||
14 | have the appropriate preferred providers due to | ||||||
15 | insufficient number, type, unreasonable travel distance or | ||||||
16 | delay, or preferred providers refusing to provide a | ||||||
17 | covered service because it is contrary to the conscience | ||||||
18 | of the preferred providers, as protected by the Health | ||||||
19 | Care Right of Conscience Act, the insurer shall ensure, | ||||||
20 | directly or indirectly, by terms contained in the payer | ||||||
21 | contract, that the beneficiary will be provided the | ||||||
22 | covered service at no greater cost to the beneficiary than | ||||||
23 | if the service had been provided by a preferred provider. | ||||||
24 | This paragraph (6) does not apply to: (A) a beneficiary | ||||||
25 | who willfully chooses to access a non-preferred provider | ||||||
26 | for health care services available through the panel of |
| |||||||
| |||||||
1 | preferred providers, or (B) a beneficiary enrolled in a | ||||||
2 | health maintenance organization. In these circumstances, | ||||||
3 | the contractual requirements for non-preferred provider | ||||||
4 | reimbursements shall apply unless Section 356z.3a of the | ||||||
5 | Illinois Insurance Code requires otherwise. In no event | ||||||
6 | shall a beneficiary who receives care at a participating | ||||||
7 | health care facility be required to search for | ||||||
8 | participating providers under the circumstances described | ||||||
9 | in subsection (b) or (b-5) of Section 356z.3a of the | ||||||
10 | Illinois Insurance Code except under the circumstances | ||||||
11 | described in paragraph (2) of subsection (b-5). | ||||||
12 | (7) A provision that the beneficiary shall receive | ||||||
13 | emergency care coverage such that payment for this | ||||||
14 | coverage is not dependent upon whether the emergency | ||||||
15 | services are performed by a preferred or non-preferred | ||||||
16 | provider and the coverage shall be at the same benefit | ||||||
17 | level as if the service or treatment had been rendered by a | ||||||
18 | preferred provider. For purposes of this paragraph (7), | ||||||
19 | "the same benefit level" means that the beneficiary is | ||||||
20 | provided the covered service at no greater cost to the | ||||||
21 | beneficiary than if the service had been provided by a | ||||||
22 | preferred provider. This provision shall be consistent | ||||||
23 | with Section 356z.3a of the Illinois Insurance Code. | ||||||
24 | (8) A limitation that, if the plan provides that the | ||||||
25 | beneficiary will incur a penalty for failing to | ||||||
26 | pre-certify inpatient hospital treatment, the penalty may |
| |||||||
| |||||||
1 | not exceed $1,000 per occurrence in addition to the plan | ||||||
2 | cost-sharing provisions. | ||||||
3 | (c) The network plan shall demonstrate to the Director a | ||||||
4 | minimum ratio of providers to plan beneficiaries as required | ||||||
5 | by the Department. | ||||||
6 | (1) The ratio of physicians or other providers to plan | ||||||
7 | beneficiaries shall be established annually by the | ||||||
8 | Department in consultation with the Department of Public | ||||||
9 | Health based upon the guidance from the federal Centers | ||||||
10 | for Medicare and Medicaid Services. The Department shall | ||||||
11 | not establish ratios for vision or dental providers who | ||||||
12 | provide services under dental-specific or vision-specific | ||||||
13 | benefits. The Department shall consider establishing | ||||||
14 | ratios for the following physicians or other providers: | ||||||
15 | (A) Primary Care; | ||||||
16 | (B) Pediatrics; | ||||||
17 | (C) Cardiology; | ||||||
18 | (D) Gastroenterology; | ||||||
19 | (E) General Surgery; | ||||||
20 | (F) Neurology; | ||||||
21 | (G) OB/GYN; | ||||||
22 | (H) Oncology/Radiation; | ||||||
23 | (I) Ophthalmology; | ||||||
24 | (J) Urology; | ||||||
25 | (K) Behavioral Health; | ||||||
26 | (L) Allergy/Immunology; |
| |||||||
| |||||||
1 | (M) Chiropractic; | ||||||
2 | (N) Dermatology; | ||||||
3 | (O) Endocrinology; | ||||||
4 | (P) Ears, Nose, and Throat (ENT)/Otolaryngology; | ||||||
5 | (Q) Infectious Disease; | ||||||
6 | (R) Nephrology; | ||||||
7 | (S) Neurosurgery; | ||||||
8 | (T) Orthopedic Surgery; | ||||||
9 | (U) Physiatry/Rehabilitative; | ||||||
10 | (V) Plastic Surgery; | ||||||
11 | (W) Pulmonary; | ||||||
12 | (X) Rheumatology; | ||||||
13 | (Y) Anesthesiology; | ||||||
14 | (Z) Pain Medicine; | ||||||
15 | (AA) Pediatric Specialty Services; | ||||||
16 | (BB) Outpatient Dialysis; and | ||||||
17 | (CC) HIV. | ||||||
18 | (2) The Director shall establish a process for the | ||||||
19 | review of the adequacy of these standards, along with an | ||||||
20 | assessment of additional specialties to be included in the | ||||||
21 | list under this subsection (c). | ||||||
22 | (d) The network plan shall demonstrate to the Director | ||||||
23 | maximum travel and distance standards for plan beneficiaries, | ||||||
24 | which shall be established annually by the Department in | ||||||
25 | consultation with the Department of Public Health based upon | ||||||
26 | the guidance from the federal Centers for Medicare and |
| |||||||
| |||||||
1 | Medicaid Services. These standards shall consist of the | ||||||
2 | maximum minutes or miles to be traveled by a plan beneficiary | ||||||
3 | for each county type, such as large counties, metro counties, | ||||||
4 | or rural counties as defined by Department rule. | ||||||
5 | The maximum travel time and distance standards must | ||||||
6 | include standards for each physician and other provider | ||||||
7 | category listed for which ratios have been established. | ||||||
8 | The Director shall establish a process for the review of | ||||||
9 | the adequacy of these standards along with an assessment of | ||||||
10 | additional specialties to be included in the list under this | ||||||
11 | subsection (d). | ||||||
12 | (d-5)(1) Every insurer shall ensure that beneficiaries | ||||||
13 | have timely and proximate access to treatment for mental, | ||||||
14 | emotional, nervous, or substance use disorders or conditions | ||||||
15 | in accordance with the provisions of paragraph (4) of | ||||||
16 | subsection (a) of Section 370c of the Illinois Insurance Code. | ||||||
17 | Insurers shall use a comparable process, strategy, evidentiary | ||||||
18 | standard, and other factors in the development and application | ||||||
19 | of the network adequacy standards for timely and proximate | ||||||
20 | access to treatment for mental, emotional, nervous, or | ||||||
21 | substance use disorders or conditions and those for the access | ||||||
22 | to treatment for medical and surgical conditions. As such, the | ||||||
23 | network adequacy standards for timely and proximate access | ||||||
24 | shall equally be applied to treatment facilities and providers | ||||||
25 | for mental, emotional, nervous, or substance use disorders or | ||||||
26 | conditions and specialists providing medical or surgical |
| |||||||
| |||||||
1 | benefits pursuant to the parity requirements of Section 370c.1 | ||||||
2 | of the Illinois Insurance Code and the federal Paul Wellstone | ||||||
3 | and Pete Domenici Mental Health Parity and Addiction Equity | ||||||
4 | Act of 2008. Notwithstanding the foregoing, the network | ||||||
5 | adequacy standards for timely and proximate access to | ||||||
6 | treatment for mental, emotional, nervous, or substance use | ||||||
7 | disorders or conditions shall, at a minimum, satisfy the | ||||||
8 | following requirements: | ||||||
9 | (A) For beneficiaries residing in the metropolitan | ||||||
10 | counties of Cook, DuPage, Kane, Lake, McHenry, and Will, | ||||||
11 | network adequacy standards for timely and proximate access | ||||||
12 | to treatment for mental, emotional, nervous, or substance | ||||||
13 | use disorders or conditions means a beneficiary shall not | ||||||
14 | have to travel longer than 30 minutes or 30 miles from the | ||||||
15 | beneficiary's residence to receive outpatient treatment | ||||||
16 | for mental, emotional, nervous, or substance use disorders | ||||||
17 | or conditions. Beneficiaries shall not be required to wait | ||||||
18 | longer than 10 business days between requesting an initial | ||||||
19 | appointment and being seen by the facility or provider of | ||||||
20 | mental, emotional, nervous, or substance use disorders or | ||||||
21 | conditions for outpatient treatment or to wait longer than | ||||||
22 | 20 business days between requesting a repeat or follow-up | ||||||
23 | appointment and being seen by the facility or provider of | ||||||
24 | mental, emotional, nervous, or substance use disorders or | ||||||
25 | conditions for outpatient treatment; however, subject to | ||||||
26 | the protections of paragraph (3) of this subsection, a |
| |||||||
| |||||||
1 | network plan shall not be held responsible if the | ||||||
2 | beneficiary or provider voluntarily chooses to schedule an | ||||||
3 | appointment outside of these required time frames. | ||||||
4 | (B) For beneficiaries residing in Illinois counties | ||||||
5 | other than those counties listed in subparagraph (A) of | ||||||
6 | this paragraph, network adequacy standards for timely and | ||||||
7 | proximate access to treatment for mental, emotional, | ||||||
8 | nervous, or substance use disorders or conditions means a | ||||||
9 | beneficiary shall not have to travel longer than 60 | ||||||
10 | minutes or 60 miles from the beneficiary's residence to | ||||||
11 | receive outpatient treatment for mental, emotional, | ||||||
12 | nervous, or substance use disorders or conditions. | ||||||
13 | Beneficiaries shall not be required to wait longer than 10 | ||||||
14 | business days between requesting an initial appointment | ||||||
15 | and being seen by the facility or provider of mental, | ||||||
16 | emotional, nervous, or substance use disorders or | ||||||
17 | conditions for outpatient treatment or to wait longer than | ||||||
18 | 20 business days between requesting a repeat or follow-up | ||||||
19 | appointment and being seen by the facility or provider of | ||||||
20 | mental, emotional, nervous, or substance use disorders or | ||||||
21 | conditions for outpatient treatment; however, subject to | ||||||
22 | the protections of paragraph (3) of this subsection, a | ||||||
23 | network plan shall not be held responsible if the | ||||||
24 | beneficiary or provider voluntarily chooses to schedule an | ||||||
25 | appointment outside of these required time frames. | ||||||
26 | (2) For beneficiaries residing in all Illinois counties, |
| |||||||
| |||||||
1 | network adequacy standards for timely and proximate access to | ||||||
2 | treatment for mental, emotional, nervous, or substance use | ||||||
3 | disorders or conditions means a beneficiary shall not have to | ||||||
4 | travel longer than 60 minutes or 60 miles from the | ||||||
5 | beneficiary's residence to receive inpatient or residential | ||||||
6 | treatment for mental, emotional, nervous, or substance use | ||||||
7 | disorders or conditions. | ||||||
8 | (3) If there is no in-network facility or provider | ||||||
9 | available for a beneficiary to receive timely and proximate | ||||||
10 | access to treatment for mental, emotional, nervous, or | ||||||
11 | substance use disorders or conditions in accordance with the | ||||||
12 | network adequacy standards outlined in this subsection, the | ||||||
13 | insurer shall provide necessary exceptions to its network to | ||||||
14 | ensure admission and treatment with a provider or at a | ||||||
15 | treatment facility in accordance with the network adequacy | ||||||
16 | standards in this subsection. | ||||||
17 | (e) Except for network plans solely offered as a group | ||||||
18 | health plan, these ratio and time and distance standards apply | ||||||
19 | to the lowest cost-sharing tier of any tiered network. | ||||||
20 | (f) The network plan may consider use of other health care | ||||||
21 | service delivery options, such as telemedicine or telehealth, | ||||||
22 | mobile clinics, and centers of excellence, or other ways of | ||||||
23 | delivering care to partially meet the requirements set under | ||||||
24 | this Section. | ||||||
25 | (g) Except for the requirements set forth in subsection | ||||||
26 | (d-5), insurers who are not able to comply with the provider |
| |||||||
| |||||||
1 | ratios , and time and distance standards , and appointment | ||||||
2 | wait-time standards established under this Act or federal law | ||||||
3 | by the Department may request an exception to these | ||||||
4 | requirements from the Department. The Department may grant an | ||||||
5 | exception in the following circumstances: | ||||||
6 | (1) if no providers or facilities meet the specific | ||||||
7 | time and distance standard in a specific service area and | ||||||
8 | the insurer (i) discloses information on the distance and | ||||||
9 | travel time points that beneficiaries would have to travel | ||||||
10 | beyond the required criterion to reach the next closest | ||||||
11 | contracted provider outside of the service area and (ii) | ||||||
12 | provides contact information, including names, addresses, | ||||||
13 | and phone numbers for the next closest contracted provider | ||||||
14 | or facility; | ||||||
15 | (2) if patterns of care in the service area do not | ||||||
16 | support the need for the requested number of provider or | ||||||
17 | facility type and the insurer provides data on local | ||||||
18 | patterns of care, such as claims data, referral patterns, | ||||||
19 | or local provider interviews, indicating where the | ||||||
20 | beneficiaries currently seek this type of care or where | ||||||
21 | the physicians currently refer beneficiaries, or both; or | ||||||
22 | (3) other circumstances deemed appropriate by the | ||||||
23 | Department consistent with the requirements of this Act. | ||||||
24 | (h) Insurers are required to report to the Director any | ||||||
25 | material change to an approved network plan within 15 days | ||||||
26 | after the change occurs and any change that would result in |
| |||||||
| |||||||
1 | failure to meet the requirements of this Act. Upon notice from | ||||||
2 | the insurer, the Director shall reevaluate the network plan's | ||||||
3 | compliance with the network adequacy and transparency | ||||||
4 | standards of this Act. | ||||||
5 | (Source: P.A. 102-144, eff. 1-1-22; 102-901, eff. 7-1-22; | ||||||
6 | 102-1117, eff. 1-13-23; 103-718, eff. 7-19-24.)
| ||||||
7 | (Text of Section from P.A. 103-777) | ||||||
8 | Sec. 10. Network adequacy. | ||||||
9 | (a) An insurer providing a network plan shall file a | ||||||
10 | description of all of the following with the Director: | ||||||
11 | (1) The written policies and procedures for adding | ||||||
12 | providers to meet patient needs based on increases in the | ||||||
13 | number of beneficiaries, changes in the | ||||||
14 | patient-to-provider ratio, changes in medical and health | ||||||
15 | care capabilities, and increased demand for services. | ||||||
16 | (2) The written policies and procedures for making | ||||||
17 | referrals within and outside the network. | ||||||
18 | (3) The written policies and procedures on how the | ||||||
19 | network plan will provide 24-hour, 7-day per week access | ||||||
20 | to network-affiliated primary care, emergency services, | ||||||
21 | and women's principal health care providers. | ||||||
22 | An insurer shall not prohibit a preferred provider from | ||||||
23 | discussing any specific or all treatment options with | ||||||
24 | beneficiaries irrespective of the insurer's position on those | ||||||
25 | treatment options or from advocating on behalf of |
| |||||||
| |||||||
1 | beneficiaries within the utilization review, grievance, or | ||||||
2 | appeals processes established by the insurer in accordance | ||||||
3 | with any rights or remedies available under applicable State | ||||||
4 | or federal law. | ||||||
5 | (b) Insurers must file for review a description of the | ||||||
6 | services to be offered through a network plan. The description | ||||||
7 | shall include all of the following: | ||||||
8 | (1) A geographic map of the area proposed to be served | ||||||
9 | by the plan by county service area and zip code, including | ||||||
10 | marked locations for preferred providers. | ||||||
11 | (2) As deemed necessary by the Department, the names, | ||||||
12 | addresses, phone numbers, and specialties of the providers | ||||||
13 | who have entered into preferred provider agreements under | ||||||
14 | the network plan. | ||||||
15 | (3) The number of beneficiaries anticipated to be | ||||||
16 | covered by the network plan. | ||||||
17 | (4) An Internet website and toll-free telephone number | ||||||
18 | for beneficiaries and prospective beneficiaries to access | ||||||
19 | current and accurate lists of preferred providers, | ||||||
20 | additional information about the plan, as well as any | ||||||
21 | other information required by Department rule. | ||||||
22 | (5) A description of how health care services to be | ||||||
23 | rendered under the network plan are reasonably accessible | ||||||
24 | and available to beneficiaries. The description shall | ||||||
25 | address all of the following: | ||||||
26 | (A) the type of health care services to be |
| |||||||
| |||||||
1 | provided by the network plan; | ||||||
2 | (B) the ratio of physicians and other providers to | ||||||
3 | beneficiaries, by specialty and including primary care | ||||||
4 | physicians and facility-based physicians when | ||||||
5 | applicable under the contract, necessary to meet the | ||||||
6 | health care needs and service demands of the currently | ||||||
7 | enrolled population; | ||||||
8 | (C) the travel and distance standards for plan | ||||||
9 | beneficiaries in county service areas; and | ||||||
10 | (D) a description of how the use of telemedicine, | ||||||
11 | telehealth, or mobile care services may be used to | ||||||
12 | partially meet the network adequacy standards, if | ||||||
13 | applicable. | ||||||
14 | (6) A provision ensuring that whenever a beneficiary | ||||||
15 | has made a good faith effort, as evidenced by accessing | ||||||
16 | the provider directory, calling the network plan, and | ||||||
17 | calling the provider, to utilize preferred providers for a | ||||||
18 | covered service and it is determined the insurer does not | ||||||
19 | have the appropriate preferred providers due to | ||||||
20 | insufficient number, type, unreasonable travel distance or | ||||||
21 | delay, or preferred providers refusing to provide a | ||||||
22 | covered service because it is contrary to the conscience | ||||||
23 | of the preferred providers, as protected by the Health | ||||||
24 | Care Right of Conscience Act, the insurer shall ensure, | ||||||
25 | directly or indirectly, by terms contained in the payer | ||||||
26 | contract, that the beneficiary will be provided the |
| |||||||
| |||||||
1 | covered service at no greater cost to the beneficiary than | ||||||
2 | if the service had been provided by a preferred provider. | ||||||
3 | This paragraph (6) does not apply to: (A) a beneficiary | ||||||
4 | who willfully chooses to access a non-preferred provider | ||||||
5 | for health care services available through the panel of | ||||||
6 | preferred providers, or (B) a beneficiary enrolled in a | ||||||
7 | health maintenance organization. In these circumstances, | ||||||
8 | the contractual requirements for non-preferred provider | ||||||
9 | reimbursements shall apply unless Section 356z.3a of the | ||||||
10 | Illinois Insurance Code requires otherwise. In no event | ||||||
11 | shall a beneficiary who receives care at a participating | ||||||
12 | health care facility be required to search for | ||||||
13 | participating providers under the circumstances described | ||||||
14 | in subsection (b) or (b-5) of Section 356z.3a of the | ||||||
15 | Illinois Insurance Code except under the circumstances | ||||||
16 | described in paragraph (2) of subsection (b-5). | ||||||
17 | (7) A provision that the beneficiary shall receive | ||||||
18 | emergency care coverage such that payment for this | ||||||
19 | coverage is not dependent upon whether the emergency | ||||||
20 | services are performed by a preferred or non-preferred | ||||||
21 | provider and the coverage shall be at the same benefit | ||||||
22 | level as if the service or treatment had been rendered by a | ||||||
23 | preferred provider. For purposes of this paragraph (7), | ||||||
24 | "the same benefit level" means that the beneficiary is | ||||||
25 | provided the covered service at no greater cost to the | ||||||
26 | beneficiary than if the service had been provided by a |
| |||||||
| |||||||
1 | preferred provider. This provision shall be consistent | ||||||
2 | with Section 356z.3a of the Illinois Insurance Code. | ||||||
3 | (8) A limitation that, if the plan provides that the | ||||||
4 | beneficiary will incur a penalty for failing to | ||||||
5 | pre-certify inpatient hospital treatment, the penalty may | ||||||
6 | not exceed $1,000 per occurrence in addition to the plan | ||||||
7 | cost sharing provisions. | ||||||
8 | (c) The network plan shall demonstrate to the Director a | ||||||
9 | minimum ratio of providers to plan beneficiaries as required | ||||||
10 | by the Department. | ||||||
11 | (1) The ratio of physicians or other providers to plan | ||||||
12 | beneficiaries shall be established annually by the | ||||||
13 | Department in consultation with the Department of Public | ||||||
14 | Health based upon the guidance from the federal Centers | ||||||
15 | for Medicare and Medicaid Services. The Department shall | ||||||
16 | not establish ratios for vision or dental providers who | ||||||
17 | provide services under dental-specific or vision-specific | ||||||
18 | benefits, except to the extent provided under federal law | ||||||
19 | for stand-alone dental plans. The Department shall | ||||||
20 | consider establishing ratios for the following physicians | ||||||
21 | or other providers: | ||||||
22 | (A) Primary Care; | ||||||
23 | (B) Pediatrics; | ||||||
24 | (C) Cardiology; | ||||||
25 | (D) Gastroenterology; | ||||||
26 | (E) General Surgery; |
| |||||||
| |||||||
1 | (F) Neurology; | ||||||
2 | (G) OB/GYN; | ||||||
3 | (H) Oncology/Radiation; | ||||||
4 | (I) Ophthalmology; | ||||||
5 | (J) Urology; | ||||||
6 | (K) Behavioral Health; | ||||||
7 | (L) Allergy/Immunology; | ||||||
8 | (M) Chiropractic; | ||||||
9 | (N) Dermatology; | ||||||
10 | (O) Endocrinology; | ||||||
11 | (P) Ears, Nose, and Throat (ENT)/Otolaryngology; | ||||||
12 | (Q) Infectious Disease; | ||||||
13 | (R) Nephrology; | ||||||
14 | (S) Neurosurgery; | ||||||
15 | (T) Orthopedic Surgery; | ||||||
16 | (U) Physiatry/Rehabilitative; | ||||||
17 | (V) Plastic Surgery; | ||||||
18 | (W) Pulmonary; | ||||||
19 | (X) Rheumatology; | ||||||
20 | (Y) Anesthesiology; | ||||||
21 | (Z) Pain Medicine; | ||||||
22 | (AA) Pediatric Specialty Services; | ||||||
23 | (BB) Outpatient Dialysis; and | ||||||
24 | (CC) HIV. | ||||||
25 | (2) The Director shall establish a process for the | ||||||
26 | review of the adequacy of these standards, along with an |
| |||||||
| |||||||
1 | assessment of additional specialties to be included in the | ||||||
2 | list under this subsection (c). | ||||||
3 | (3) If the federal Centers for Medicare and Medicaid | ||||||
4 | Services establishes minimum provider ratios for | ||||||
5 | stand-alone dental plans in the type of exchange in use in | ||||||
6 | this State for a given plan year, the Department shall | ||||||
7 | enforce those standards for stand-alone dental plans for | ||||||
8 | that plan year. | ||||||
9 | (d) The network plan shall demonstrate to the Director | ||||||
10 | maximum travel and distance standards for plan beneficiaries, | ||||||
11 | which shall be established annually by the Department in | ||||||
12 | consultation with the Department of Public Health based upon | ||||||
13 | the guidance from the federal Centers for Medicare and | ||||||
14 | Medicaid Services. These standards shall consist of the | ||||||
15 | maximum minutes or miles to be traveled by a plan beneficiary | ||||||
16 | for each county type, such as large counties, metro counties, | ||||||
17 | or rural counties as defined by Department rule. | ||||||
18 | The maximum travel time and distance standards must | ||||||
19 | include standards for each physician and other provider | ||||||
20 | category listed for which ratios have been established. | ||||||
21 | The Director shall establish a process for the review of | ||||||
22 | the adequacy of these standards along with an assessment of | ||||||
23 | additional specialties to be included in the list under this | ||||||
24 | subsection (d). | ||||||
25 | If the federal Centers for Medicare and Medicaid Services | ||||||
26 | establishes appointment wait-time standards for qualified |
| |||||||
| |||||||
1 | health plans, including stand-alone dental plans, in the type | ||||||
2 | of exchange in use in this State for a given plan year, the | ||||||
3 | Department shall enforce those standards for the same types of | ||||||
4 | qualified health plans for that plan year. If the federal | ||||||
5 | Centers for Medicare and Medicaid Services establishes time | ||||||
6 | and distance standards for stand-alone dental plans in the | ||||||
7 | type of exchange in use in this State for a given plan year, | ||||||
8 | the Department shall enforce those standards for stand-alone | ||||||
9 | dental plans for that plan year. | ||||||
10 | (d-5)(1) Every insurer shall ensure that beneficiaries | ||||||
11 | have timely and proximate access to treatment for mental, | ||||||
12 | emotional, nervous, or substance use disorders or conditions | ||||||
13 | in accordance with the provisions of paragraph (4) of | ||||||
14 | subsection (a) of Section 370c of the Illinois Insurance Code. | ||||||
15 | Insurers shall use a comparable process, strategy, evidentiary | ||||||
16 | standard, and other factors in the development and application | ||||||
17 | of the network adequacy standards for timely and proximate | ||||||
18 | access to treatment for mental, emotional, nervous, or | ||||||
19 | substance use disorders or conditions and those for the access | ||||||
20 | to treatment for medical and surgical conditions. As such, the | ||||||
21 | network adequacy standards for timely and proximate access | ||||||
22 | shall equally be applied to treatment facilities and providers | ||||||
23 | for mental, emotional, nervous, or substance use disorders or | ||||||
24 | conditions and specialists providing medical or surgical | ||||||
25 | benefits pursuant to the parity requirements of Section 370c.1 | ||||||
26 | of the Illinois Insurance Code and the federal Paul Wellstone |
| |||||||
| |||||||
1 | and Pete Domenici Mental Health Parity and Addiction Equity | ||||||
2 | Act of 2008. Notwithstanding the foregoing, the network | ||||||
3 | adequacy standards for timely and proximate access to | ||||||
4 | treatment for mental, emotional, nervous, or substance use | ||||||
5 | disorders or conditions shall, at a minimum, satisfy the | ||||||
6 | following requirements: | ||||||
7 | (A) For beneficiaries residing in the metropolitan | ||||||
8 | counties of Cook, DuPage, Kane, Lake, McHenry, and Will, | ||||||
9 | network adequacy standards for timely and proximate access | ||||||
10 | to treatment for mental, emotional, nervous, or substance | ||||||
11 | use disorders or conditions means a beneficiary shall not | ||||||
12 | have to travel longer than 30 minutes or 30 miles from the | ||||||
13 | beneficiary's residence to receive outpatient treatment | ||||||
14 | for mental, emotional, nervous, or substance use disorders | ||||||
15 | or conditions. Beneficiaries shall not be required to wait | ||||||
16 | longer than 10 business days between requesting an initial | ||||||
17 | appointment and being seen by the facility or provider of | ||||||
18 | mental, emotional, nervous, or substance use disorders or | ||||||
19 | conditions for outpatient treatment or to wait longer than | ||||||
20 | 20 business days between requesting a repeat or follow-up | ||||||
21 | appointment and being seen by the facility or provider of | ||||||
22 | mental, emotional, nervous, or substance use disorders or | ||||||
23 | conditions for outpatient treatment; however, subject to | ||||||
24 | the protections of paragraph (3) of this subsection, a | ||||||
25 | network plan shall not be held responsible if the | ||||||
26 | beneficiary or provider voluntarily chooses to schedule an |
| |||||||
| |||||||
1 | appointment outside of these required time frames. | ||||||
2 | (B) For beneficiaries residing in Illinois counties | ||||||
3 | other than those counties listed in subparagraph (A) of | ||||||
4 | this paragraph, network adequacy standards for timely and | ||||||
5 | proximate access to treatment for mental, emotional, | ||||||
6 | nervous, or substance use disorders or conditions means a | ||||||
7 | beneficiary shall not have to travel longer than 60 | ||||||
8 | minutes or 60 miles from the beneficiary's residence to | ||||||
9 | receive outpatient treatment for mental, emotional, | ||||||
10 | nervous, or substance use disorders or conditions. | ||||||
11 | Beneficiaries shall not be required to wait longer than 10 | ||||||
12 | business days between requesting an initial appointment | ||||||
13 | and being seen by the facility or provider of mental, | ||||||
14 | emotional, nervous, or substance use disorders or | ||||||
15 | conditions for outpatient treatment or to wait longer than | ||||||
16 | 20 business days between requesting a repeat or follow-up | ||||||
17 | appointment and being seen by the facility or provider of | ||||||
18 | mental, emotional, nervous, or substance use disorders or | ||||||
19 | conditions for outpatient treatment; however, subject to | ||||||
20 | the protections of paragraph (3) of this subsection, a | ||||||
21 | network plan shall not be held responsible if the | ||||||
22 | beneficiary or provider voluntarily chooses to schedule an | ||||||
23 | appointment outside of these required time frames. | ||||||
24 | (2) For beneficiaries residing in all Illinois counties, | ||||||
25 | network adequacy standards for timely and proximate access to | ||||||
26 | treatment for mental, emotional, nervous, or substance use |
| |||||||
| |||||||
1 | disorders or conditions means a beneficiary shall not have to | ||||||
2 | travel longer than 60 minutes or 60 miles from the | ||||||
3 | beneficiary's residence to receive inpatient or residential | ||||||
4 | treatment for mental, emotional, nervous, or substance use | ||||||
5 | disorders or conditions. | ||||||
6 | (3) If there is no in-network facility or provider | ||||||
7 | available for a beneficiary to receive timely and proximate | ||||||
8 | access to treatment for mental, emotional, nervous, or | ||||||
9 | substance use disorders or conditions in accordance with the | ||||||
10 | network adequacy standards outlined in this subsection, the | ||||||
11 | insurer shall provide necessary exceptions to its network to | ||||||
12 | ensure admission and treatment with a provider or at a | ||||||
13 | treatment facility in accordance with the network adequacy | ||||||
14 | standards in this subsection. | ||||||
15 | (4) If the federal Centers for Medicare and Medicaid | ||||||
16 | Services establishes a more stringent standard in any county | ||||||
17 | than specified in paragraph (1) or (2) of this subsection | ||||||
18 | (d-5) for qualified health plans in the type of exchange in use | ||||||
19 | in this State for a given plan year, the federal standard shall | ||||||
20 | apply in lieu of the standard in paragraph (1) or (2) of this | ||||||
21 | subsection (d-5) for qualified health plans for that plan | ||||||
22 | year. | ||||||
23 | (e) Except for network plans solely offered as a group | ||||||
24 | health plan, these ratio and time and distance standards apply | ||||||
25 | to the lowest cost-sharing tier of any tiered network. | ||||||
26 | (f) The network plan may consider use of other health care |
| |||||||
| |||||||
1 | service delivery options, such as telemedicine or telehealth, | ||||||
2 | mobile clinics, and centers of excellence, or other ways of | ||||||
3 | delivering care to partially meet the requirements set under | ||||||
4 | this Section. | ||||||
5 | (g) Except for the requirements set forth in subsection | ||||||
6 | (d-5), insurers who are not able to comply with the provider | ||||||
7 | ratios, time and distance standards, and appointment wait-time | ||||||
8 | standards established under this Act or federal law may | ||||||
9 | request an exception to these requirements from the | ||||||
10 | Department. The Department may grant an exception in the | ||||||
11 | following circumstances: | ||||||
12 | (1) if no providers or facilities meet the specific | ||||||
13 | time and distance standard in a specific service area and | ||||||
14 | the insurer (i) discloses information on the distance and | ||||||
15 | travel time points that beneficiaries would have to travel | ||||||
16 | beyond the required criterion to reach the next closest | ||||||
17 | contracted provider outside of the service area and (ii) | ||||||
18 | provides contact information, including names, addresses, | ||||||
19 | and phone numbers for the next closest contracted provider | ||||||
20 | or facility; | ||||||
21 | (2) if patterns of care in the service area do not | ||||||
22 | support the need for the requested number of provider or | ||||||
23 | facility type and the insurer provides data on local | ||||||
24 | patterns of care, such as claims data, referral patterns, | ||||||
25 | or local provider interviews, indicating where the | ||||||
26 | beneficiaries currently seek this type of care or where |
| |||||||
| |||||||
1 | the physicians currently refer beneficiaries, or both; or | ||||||
2 | (3) other circumstances deemed appropriate by the | ||||||
3 | Department consistent with the requirements of this Act. | ||||||
4 | (h) Insurers are required to report to the Director any | ||||||
5 | material change to an approved network plan within 15 days | ||||||
6 | after the change occurs and any change that would result in | ||||||
7 | failure to meet the requirements of this Act. Upon notice from | ||||||
8 | the insurer, the Director shall reevaluate the network plan's | ||||||
9 | compliance with the network adequacy and transparency | ||||||
10 | standards of this Act. | ||||||
11 | (Source: P.A. 102-144, eff. 1-1-22; 102-901, eff. 7-1-22; | ||||||
12 | 102-1117, eff. 1-13-23; 103-777, eff. 1-1-25.)
| ||||||
13 | (Text of Section from P.A. 103-906) | ||||||
14 | Sec. 10. Network adequacy. | ||||||
15 | (a) An insurer providing a network plan shall file a | ||||||
16 | description of all of the following with the Director: | ||||||
17 | (1) The written policies and procedures for adding | ||||||
18 | providers to meet patient needs based on increases in the | ||||||
19 | number of beneficiaries, changes in the | ||||||
20 | patient-to-provider ratio, changes in medical and health | ||||||
21 | care capabilities, and increased demand for services. | ||||||
22 | (2) The written policies and procedures for making | ||||||
23 | referrals within and outside the network. | ||||||
24 | (3) The written policies and procedures on how the | ||||||
25 | network plan will provide 24-hour, 7-day per week access |
| |||||||
| |||||||
1 | to network-affiliated primary care, emergency services, | ||||||
2 | and women's principal health care providers. | ||||||
3 | An insurer shall not prohibit a preferred provider from | ||||||
4 | discussing any specific or all treatment options with | ||||||
5 | beneficiaries irrespective of the insurer's position on those | ||||||
6 | treatment options or from advocating on behalf of | ||||||
7 | beneficiaries within the utilization review, grievance, or | ||||||
8 | appeals processes established by the insurer in accordance | ||||||
9 | with any rights or remedies available under applicable State | ||||||
10 | or federal law. | ||||||
11 | (b) Insurers must file for review a description of the | ||||||
12 | services to be offered through a network plan. The description | ||||||
13 | shall include all of the following: | ||||||
14 | (1) A geographic map of the area proposed to be served | ||||||
15 | by the plan by county service area and zip code, including | ||||||
16 | marked locations for preferred providers. | ||||||
17 | (2) As deemed necessary by the Department, the names, | ||||||
18 | addresses, phone numbers, and specialties of the providers | ||||||
19 | who have entered into preferred provider agreements under | ||||||
20 | the network plan. | ||||||
21 | (3) The number of beneficiaries anticipated to be | ||||||
22 | covered by the network plan. | ||||||
23 | (4) An Internet website and toll-free telephone number | ||||||
24 | for beneficiaries and prospective beneficiaries to access | ||||||
25 | current and accurate lists of preferred providers, | ||||||
26 | additional information about the plan, as well as any |
| |||||||
| |||||||
1 | other information required by Department rule. | ||||||
2 | (5) A description of how health care services to be | ||||||
3 | rendered under the network plan are reasonably accessible | ||||||
4 | and available to beneficiaries. The description shall | ||||||
5 | address all of the following: | ||||||
6 | (A) the type of health care services to be | ||||||
7 | provided by the network plan; | ||||||
8 | (B) the ratio of physicians and other providers to | ||||||
9 | beneficiaries, by specialty and including primary care | ||||||
10 | physicians and facility-based physicians when | ||||||
11 | applicable under the contract, necessary to meet the | ||||||
12 | health care needs and service demands of the currently | ||||||
13 | enrolled population; | ||||||
14 | (C) the travel and distance standards for plan | ||||||
15 | beneficiaries in county service areas; and | ||||||
16 | (D) a description of how the use of telemedicine, | ||||||
17 | telehealth, or mobile care services may be used to | ||||||
18 | partially meet the network adequacy standards, if | ||||||
19 | applicable. | ||||||
20 | (6) A provision ensuring that whenever a beneficiary | ||||||
21 | has made a good faith effort, as evidenced by accessing | ||||||
22 | the provider directory, calling the network plan, and | ||||||
23 | calling the provider, to utilize preferred providers for a | ||||||
24 | covered service and it is determined the insurer does not | ||||||
25 | have the appropriate preferred providers due to | ||||||
26 | insufficient number, type, unreasonable travel distance or |
| |||||||
| |||||||
1 | delay, or preferred providers refusing to provide a | ||||||
2 | covered service because it is contrary to the conscience | ||||||
3 | of the preferred providers, as protected by the Health | ||||||
4 | Care Right of Conscience Act, the insurer shall ensure, | ||||||
5 | directly or indirectly, by terms contained in the payer | ||||||
6 | contract, that the beneficiary will be provided the | ||||||
7 | covered service at no greater cost to the beneficiary than | ||||||
8 | if the service had been provided by a preferred provider. | ||||||
9 | This paragraph (6) does not apply to: (A) a beneficiary | ||||||
10 | who willfully chooses to access a non-preferred provider | ||||||
11 | for health care services available through the panel of | ||||||
12 | preferred providers, or (B) a beneficiary enrolled in a | ||||||
13 | health maintenance organization. In these circumstances, | ||||||
14 | the contractual requirements for non-preferred provider | ||||||
15 | reimbursements shall apply unless Section 356z.3a of the | ||||||
16 | Illinois Insurance Code requires otherwise. In no event | ||||||
17 | shall a beneficiary who receives care at a participating | ||||||
18 | health care facility be required to search for | ||||||
19 | participating providers under the circumstances described | ||||||
20 | in subsection (b) or (b-5) of Section 356z.3a of the | ||||||
21 | Illinois Insurance Code except under the circumstances | ||||||
22 | described in paragraph (2) of subsection (b-5). | ||||||
23 | (7) A provision that the beneficiary shall receive | ||||||
24 | emergency care coverage such that payment for this | ||||||
25 | coverage is not dependent upon whether the emergency | ||||||
26 | services are performed by a preferred or non-preferred |
| |||||||
| |||||||
1 | provider and the coverage shall be at the same benefit | ||||||
2 | level as if the service or treatment had been rendered by a | ||||||
3 | preferred provider. For purposes of this paragraph (7), | ||||||
4 | "the same benefit level" means that the beneficiary is | ||||||
5 | provided the covered service at no greater cost to the | ||||||
6 | beneficiary than if the service had been provided by a | ||||||
7 | preferred provider. This provision shall be consistent | ||||||
8 | with Section 356z.3a of the Illinois Insurance Code. | ||||||
9 | (8) A limitation that, if the plan provides that the | ||||||
10 | beneficiary will incur a penalty for failing to | ||||||
11 | pre-certify inpatient hospital treatment, the penalty may | ||||||
12 | not exceed $1,000 per occurrence in addition to the plan | ||||||
13 | cost sharing provisions. | ||||||
14 | (c) The network plan shall demonstrate to the Director a | ||||||
15 | minimum ratio of providers to plan beneficiaries as required | ||||||
16 | by the Department. | ||||||
17 | (1) The ratio of physicians or other providers to plan | ||||||
18 | beneficiaries shall be established annually by the | ||||||
19 | Department in consultation with the Department of Public | ||||||
20 | Health based upon the guidance from the federal Centers | ||||||
21 | for Medicare and Medicaid Services. The Department shall | ||||||
22 | not establish ratios for vision or dental providers who | ||||||
23 | provide services under dental-specific or vision-specific | ||||||
24 | benefits. The Department shall consider establishing | ||||||
25 | ratios for the following physicians or other providers: | ||||||
26 | (A) Primary Care; |
| |||||||
| |||||||
1 | (B) Pediatrics; | ||||||
2 | (C) Cardiology; | ||||||
3 | (D) Gastroenterology; | ||||||
4 | (E) General Surgery; | ||||||
5 | (F) Neurology; | ||||||
6 | (G) OB/GYN; | ||||||
7 | (H) Oncology/Radiation; | ||||||
8 | (I) Ophthalmology; | ||||||
9 | (J) Urology; | ||||||
10 | (K) Behavioral Health; | ||||||
11 | (L) Allergy/Immunology; | ||||||
12 | (M) Chiropractic; | ||||||
13 | (N) Dermatology; | ||||||
14 | (O) Endocrinology; | ||||||
15 | (P) Ears, Nose, and Throat (ENT)/Otolaryngology; | ||||||
16 | (Q) Infectious Disease; | ||||||
17 | (R) Nephrology; | ||||||
18 | (S) Neurosurgery; | ||||||
19 | (T) Orthopedic Surgery; | ||||||
20 | (U) Physiatry/Rehabilitative; | ||||||
21 | (V) Plastic Surgery; | ||||||
22 | (W) Pulmonary; | ||||||
23 | (X) Rheumatology; | ||||||
24 | (Y) Anesthesiology; | ||||||
25 | (Z) Pain Medicine; | ||||||
26 | (AA) Pediatric Specialty Services; |
| |||||||
| |||||||
1 | (BB) Outpatient Dialysis; and | ||||||
2 | (CC) HIV. | ||||||
3 | (1.5) Beginning January 1, 2026, every insurer shall | ||||||
4 | demonstrate to the Director that each in-network hospital | ||||||
5 | has at least one radiologist, pathologist, | ||||||
6 | anesthesiologist, and emergency room physician as a | ||||||
7 | preferred provider in a network plan. The Department may, | ||||||
8 | by rule, require additional types of hospital-based | ||||||
9 | medical specialists to be included as preferred providers | ||||||
10 | in each in-network hospital in a network plan. | ||||||
11 | (2) The Director shall establish a process for the | ||||||
12 | review of the adequacy of these standards, along with an | ||||||
13 | assessment of additional specialties to be included in the | ||||||
14 | list under this subsection (c). | ||||||
15 | (d) The network plan shall demonstrate to the Director | ||||||
16 | maximum travel and distance standards for plan beneficiaries, | ||||||
17 | which shall be established annually by the Department in | ||||||
18 | consultation with the Department of Public Health based upon | ||||||
19 | the guidance from the federal Centers for Medicare and | ||||||
20 | Medicaid Services. These standards shall consist of the | ||||||
21 | maximum minutes or miles to be traveled by a plan beneficiary | ||||||
22 | for each county type, such as large counties, metro counties, | ||||||
23 | or rural counties as defined by Department rule. | ||||||
24 | The maximum travel time and distance standards must | ||||||
25 | include standards for each physician and other provider | ||||||
26 | category listed for which ratios have been established. |
| |||||||
| |||||||
1 | The Director shall establish a process for the review of | ||||||
2 | the adequacy of these standards along with an assessment of | ||||||
3 | additional specialties to be included in the list under this | ||||||
4 | subsection (d). | ||||||
5 | (d-5)(1) Every insurer shall ensure that beneficiaries | ||||||
6 | have timely and proximate access to treatment for mental, | ||||||
7 | emotional, nervous, or substance use disorders or conditions | ||||||
8 | in accordance with the provisions of paragraph (4) of | ||||||
9 | subsection (a) of Section 370c of the Illinois Insurance Code. | ||||||
10 | Insurers shall use a comparable process, strategy, evidentiary | ||||||
11 | standard, and other factors in the development and application | ||||||
12 | of the network adequacy standards for timely and proximate | ||||||
13 | access to treatment for mental, emotional, nervous, or | ||||||
14 | substance use disorders or conditions and those for the access | ||||||
15 | to treatment for medical and surgical conditions. As such, the | ||||||
16 | network adequacy standards for timely and proximate access | ||||||
17 | shall equally be applied to treatment facilities and providers | ||||||
18 | for mental, emotional, nervous, or substance use disorders or | ||||||
19 | conditions and specialists providing medical or surgical | ||||||
20 | benefits pursuant to the parity requirements of Section 370c.1 | ||||||
21 | of the Illinois Insurance Code and the federal Paul Wellstone | ||||||
22 | and Pete Domenici Mental Health Parity and Addiction Equity | ||||||
23 | Act of 2008. Notwithstanding the foregoing, the network | ||||||
24 | adequacy standards for timely and proximate access to | ||||||
25 | treatment for mental, emotional, nervous, or substance use | ||||||
26 | disorders or conditions shall, at a minimum, satisfy the |
| |||||||
| |||||||
1 | following requirements: | ||||||
2 | (A) For beneficiaries residing in the metropolitan | ||||||
3 | counties of Cook, DuPage, Kane, Lake, McHenry, and Will, | ||||||
4 | network adequacy standards for timely and proximate access | ||||||
5 | to treatment for mental, emotional, nervous, or substance | ||||||
6 | use disorders or conditions means a beneficiary shall not | ||||||
7 | have to travel longer than 30 minutes or 30 miles from the | ||||||
8 | beneficiary's residence to receive outpatient treatment | ||||||
9 | for mental, emotional, nervous, or substance use disorders | ||||||
10 | or conditions. Beneficiaries shall not be required to wait | ||||||
11 | longer than 10 business days between requesting an initial | ||||||
12 | appointment and being seen by the facility or provider of | ||||||
13 | mental, emotional, nervous, or substance use disorders or | ||||||
14 | conditions for outpatient treatment or to wait longer than | ||||||
15 | 20 business days between requesting a repeat or follow-up | ||||||
16 | appointment and being seen by the facility or provider of | ||||||
17 | mental, emotional, nervous, or substance use disorders or | ||||||
18 | conditions for outpatient treatment; however, subject to | ||||||
19 | the protections of paragraph (3) of this subsection, a | ||||||
20 | network plan shall not be held responsible if the | ||||||
21 | beneficiary or provider voluntarily chooses to schedule an | ||||||
22 | appointment outside of these required time frames. | ||||||
23 | (B) For beneficiaries residing in Illinois counties | ||||||
24 | other than those counties listed in subparagraph (A) of | ||||||
25 | this paragraph, network adequacy standards for timely and | ||||||
26 | proximate access to treatment for mental, emotional, |
| |||||||
| |||||||
1 | nervous, or substance use disorders or conditions means a | ||||||
2 | beneficiary shall not have to travel longer than 60 | ||||||
3 | minutes or 60 miles from the beneficiary's residence to | ||||||
4 | receive outpatient treatment for mental, emotional, | ||||||
5 | nervous, or substance use disorders or conditions. | ||||||
6 | Beneficiaries shall not be required to wait longer than 10 | ||||||
7 | business days between requesting an initial appointment | ||||||
8 | and being seen by the facility or provider of mental, | ||||||
9 | emotional, nervous, or substance use disorders or | ||||||
10 | conditions for outpatient treatment or to wait longer than | ||||||
11 | 20 business days between requesting a repeat or follow-up | ||||||
12 | appointment and being seen by the facility or provider of | ||||||
13 | mental, emotional, nervous, or substance use disorders or | ||||||
14 | conditions for outpatient treatment; however, subject to | ||||||
15 | the protections of paragraph (3) of this subsection, a | ||||||
16 | network plan shall not be held responsible if the | ||||||
17 | beneficiary or provider voluntarily chooses to schedule an | ||||||
18 | appointment outside of these required time frames. | ||||||
19 | (2) For beneficiaries residing in all Illinois counties, | ||||||
20 | network adequacy standards for timely and proximate access to | ||||||
21 | treatment for mental, emotional, nervous, or substance use | ||||||
22 | disorders or conditions means a beneficiary shall not have to | ||||||
23 | travel longer than 60 minutes or 60 miles from the | ||||||
24 | beneficiary's residence to receive inpatient or residential | ||||||
25 | treatment for mental, emotional, nervous, or substance use | ||||||
26 | disorders or conditions. |
| |||||||
| |||||||
1 | (3) If there is no in-network facility or provider | ||||||
2 | available for a beneficiary to receive timely and proximate | ||||||
3 | access to treatment for mental, emotional, nervous, or | ||||||
4 | substance use disorders or conditions in accordance with the | ||||||
5 | network adequacy standards outlined in this subsection, the | ||||||
6 | insurer shall provide necessary exceptions to its network to | ||||||
7 | ensure admission and treatment with a provider or at a | ||||||
8 | treatment facility in accordance with the network adequacy | ||||||
9 | standards in this subsection. | ||||||
10 | (e) Except for network plans solely offered as a group | ||||||
11 | health plan, these ratio and time and distance standards apply | ||||||
12 | to the lowest cost-sharing tier of any tiered network. | ||||||
13 | (f) The network plan may consider use of other health care | ||||||
14 | service delivery options, such as telemedicine or telehealth, | ||||||
15 | mobile clinics, and centers of excellence, or other ways of | ||||||
16 | delivering care to partially meet the requirements set under | ||||||
17 | this Section. | ||||||
18 | (g) Except for the requirements set forth in subsection | ||||||
19 | (d-5), insurers who are not able to comply with the provider | ||||||
20 | ratios , and time and distance standards , and appointment | ||||||
21 | wait-time standards established under this Act or federal law | ||||||
22 | by the Department may request an exception to these | ||||||
23 | requirements from the Department. The Department may grant an | ||||||
24 | exception in the following circumstances: | ||||||
25 | (1) if no providers or facilities meet the specific | ||||||
26 | time and distance standard in a specific service area and |
| |||||||
| |||||||
1 | the insurer (i) discloses information on the distance and | ||||||
2 | travel time points that beneficiaries would have to travel | ||||||
3 | beyond the required criterion to reach the next closest | ||||||
4 | contracted provider outside of the service area and (ii) | ||||||
5 | provides contact information, including names, addresses, | ||||||
6 | and phone numbers for the next closest contracted provider | ||||||
7 | or facility; | ||||||
8 | (2) if patterns of care in the service area do not | ||||||
9 | support the need for the requested number of provider or | ||||||
10 | facility type and the insurer provides data on local | ||||||
11 | patterns of care, such as claims data, referral patterns, | ||||||
12 | or local provider interviews, indicating where the | ||||||
13 | beneficiaries currently seek this type of care or where | ||||||
14 | the physicians currently refer beneficiaries, or both; or | ||||||
15 | (3) other circumstances deemed appropriate by the | ||||||
16 | Department consistent with the requirements of this Act. | ||||||
17 | (h) Insurers are required to report to the Director any | ||||||
18 | material change to an approved network plan within 15 days | ||||||
19 | after the change occurs and any change that would result in | ||||||
20 | failure to meet the requirements of this Act. Upon notice from | ||||||
21 | the insurer, the Director shall reevaluate the network plan's | ||||||
22 | compliance with the network adequacy and transparency | ||||||
23 | standards of this Act. | ||||||
24 | (Source: P.A. 102-144, eff. 1-1-22; 102-901, eff. 7-1-22; | ||||||
25 | 102-1117, eff. 1-13-23; 103-906, eff. 1-1-25. )
|
| |||||||
| |||||||
1 | (215 ILCS 124/25) | ||||||
2 | (Text of Section from P.A. 103-605) | ||||||
3 | Sec. 25. Network transparency. | ||||||
4 | (a) A network plan shall post electronically an | ||||||
5 | up-to-date, accurate, and complete provider directory for each | ||||||
6 | of its network plans, with the information and search | ||||||
7 | functions, as described in this Section. | ||||||
8 | (1) In making the directory available electronically, | ||||||
9 | the network plans shall ensure that the general public is | ||||||
10 | able to view all of the current providers for a plan | ||||||
11 | through a clearly identifiable link or tab and without | ||||||
12 | creating or accessing an account or entering a policy or | ||||||
13 | contract number. | ||||||
14 | (2) The network plan shall update the online provider | ||||||
15 | directory at least monthly. Providers shall notify the | ||||||
16 | network plan electronically or in writing of any changes | ||||||
17 | to their information as listed in the provider directory, | ||||||
18 | including the information required in subparagraph (K) of | ||||||
19 | paragraph (1) of subsection (b). The network plan shall | ||||||
20 | update its online provider directory in a manner | ||||||
21 | consistent with the information provided by the provider | ||||||
22 | within 10 business days after being notified of the change | ||||||
23 | by the provider. Nothing in this paragraph (2) shall void | ||||||
24 | any contractual relationship between the provider and the | ||||||
25 | plan. | ||||||
26 | (3) The network plan shall audit periodically at least |
| |||||||
| |||||||
1 | 25% of its provider directories for accuracy, make any | ||||||
2 | corrections necessary, and retain documentation of the | ||||||
3 | audit. The network plan shall submit the audit to the | ||||||
4 | Director upon request. As part of these audits, the | ||||||
5 | network plan shall contact any provider in its network | ||||||
6 | that has not submitted a claim to the plan or otherwise | ||||||
7 | communicated his or her intent to continue participation | ||||||
8 | in the plan's network. | ||||||
9 | (4) A network plan shall provide a printed copy of a | ||||||
10 | current provider directory or a printed copy of the | ||||||
11 | requested directory information upon request of a | ||||||
12 | beneficiary or a prospective beneficiary. Printed copies | ||||||
13 | must be updated quarterly and an errata that reflects | ||||||
14 | changes in the provider network must be updated quarterly. | ||||||
15 | (5) For each network plan, a network plan shall | ||||||
16 | include, in plain language in both the electronic and | ||||||
17 | print directory, the following general information: | ||||||
18 | (A) in plain language, a description of the | ||||||
19 | criteria the plan has used to build its provider | ||||||
20 | network; | ||||||
21 | (B) if applicable, in plain language, a | ||||||
22 | description of the criteria the insurer or network | ||||||
23 | plan has used to create tiered networks; | ||||||
24 | (C) if applicable, in plain language, how the | ||||||
25 | network plan designates the different provider tiers | ||||||
26 | or levels in the network and identifies for each |
| |||||||
| |||||||
1 | specific provider, hospital, or other type of facility | ||||||
2 | in the network which tier each is placed, for example, | ||||||
3 | by name, symbols, or grouping, in order for a | ||||||
4 | beneficiary-covered person or a prospective | ||||||
5 | beneficiary-covered person to be able to identify the | ||||||
6 | provider tier; and | ||||||
7 | (D) if applicable, a notation that authorization | ||||||
8 | or referral may be required to access some providers. | ||||||
9 | (6) A network plan shall make it clear for both its | ||||||
10 | electronic and print directories what provider directory | ||||||
11 | applies to which network plan, such as including the | ||||||
12 | specific name of the network plan as marketed and issued | ||||||
13 | in this State. The network plan shall include in both its | ||||||
14 | electronic and print directories a customer service email | ||||||
15 | address and telephone number or electronic link that | ||||||
16 | beneficiaries or the general public may use to notify the | ||||||
17 | network plan of inaccurate provider directory information | ||||||
18 | and contact information for the Department's Office of | ||||||
19 | Consumer Health Insurance. | ||||||
20 | (7) A provider directory, whether in electronic or | ||||||
21 | print format, shall accommodate the communication needs of | ||||||
22 | individuals with disabilities, and include a link to or | ||||||
23 | information regarding available assistance for persons | ||||||
24 | with limited English proficiency. | ||||||
25 | (b) For each network plan, a network plan shall make | ||||||
26 | available through an electronic provider directory the |
| |||||||
| |||||||
1 | following information in a searchable format: | ||||||
2 | (1) for health care professionals: | ||||||
3 | (A) name; | ||||||
4 | (B) gender; | ||||||
5 | (C) participating office locations; | ||||||
6 | (D) specialty, if applicable; | ||||||
7 | (E) medical group affiliations, if applicable; | ||||||
8 | (F) facility affiliations, if applicable; | ||||||
9 | (G) participating facility affiliations, if | ||||||
10 | applicable; | ||||||
11 | (H) languages spoken other than English, if | ||||||
12 | applicable; | ||||||
13 | (I) whether accepting new patients; | ||||||
14 | (J) board certifications, if applicable; and | ||||||
15 | (K) use of telehealth or telemedicine, including, | ||||||
16 | but not limited to: | ||||||
17 | (i) whether the provider offers the use of | ||||||
18 | telehealth or telemedicine to deliver services to | ||||||
19 | patients for whom it would be clinically | ||||||
20 | appropriate; | ||||||
21 | (ii) what modalities are used and what types | ||||||
22 | of services may be provided via telehealth or | ||||||
23 | telemedicine; and | ||||||
24 | (iii) whether the provider has the ability and | ||||||
25 | willingness to include in a telehealth or | ||||||
26 | telemedicine encounter a family caregiver who is |
| |||||||
| |||||||
1 | in a separate location than the patient if the | ||||||
2 | patient wishes and provides his or her consent; | ||||||
3 | (2) for hospitals: | ||||||
4 | (A) hospital name; | ||||||
5 | (B) hospital type (such as acute, rehabilitation, | ||||||
6 | children's, or cancer); | ||||||
7 | (C) participating hospital location; and | ||||||
8 | (D) hospital accreditation status; and | ||||||
9 | (3) for facilities, other than hospitals, by type: | ||||||
10 | (A) facility name; | ||||||
11 | (B) facility type; | ||||||
12 | (C) types of services performed; and | ||||||
13 | (D) participating facility location or locations. | ||||||
14 | (c) For the electronic provider directories, for each | ||||||
15 | network plan, a network plan shall make available all of the | ||||||
16 | following information in addition to the searchable | ||||||
17 | information required in this Section: | ||||||
18 | (1) for health care professionals: | ||||||
19 | (A) contact information; and | ||||||
20 | (B) languages spoken other than English by | ||||||
21 | clinical staff, if applicable; | ||||||
22 | (2) for hospitals, telephone number; and | ||||||
23 | (3) for facilities other than hospitals, telephone | ||||||
24 | number. | ||||||
25 | (d) The insurer or network plan shall make available in | ||||||
26 | print, upon request, the following provider directory |
| |||||||
| |||||||
1 | information for the applicable network plan: | ||||||
2 | (1) for health care professionals: | ||||||
3 | (A) name; | ||||||
4 | (B) contact information; | ||||||
5 | (C) participating office location or locations; | ||||||
6 | (D) specialty, if applicable; | ||||||
7 | (E) languages spoken other than English, if | ||||||
8 | applicable; | ||||||
9 | (F) whether accepting new patients; and | ||||||
10 | (G) use of telehealth or telemedicine, including, | ||||||
11 | but not limited to: | ||||||
12 | (i) whether the provider offers the use of | ||||||
13 | telehealth or telemedicine to deliver services to | ||||||
14 | patients for whom it would be clinically | ||||||
15 | appropriate; | ||||||
16 | (ii) what modalities are used and what types | ||||||
17 | of services may be provided via telehealth or | ||||||
18 | telemedicine; and | ||||||
19 | (iii) whether the provider has the ability and | ||||||
20 | willingness to include in a telehealth or | ||||||
21 | telemedicine encounter a family caregiver who is | ||||||
22 | in a separate location than the patient if the | ||||||
23 | patient wishes and provides his or her consent; | ||||||
24 | (2) for hospitals: | ||||||
25 | (A) hospital name; | ||||||
26 | (B) hospital type (such as acute, rehabilitation, |
| |||||||
| |||||||
1 | children's, or cancer); and | ||||||
2 | (C) participating hospital location and telephone | ||||||
3 | number; and | ||||||
4 | (3) for facilities, other than hospitals, by type: | ||||||
5 | (A) facility name; | ||||||
6 | (B) facility type; | ||||||
7 | (C) types of services performed; and | ||||||
8 | (D) participating facility location or locations | ||||||
9 | and telephone numbers. | ||||||
10 | (e) The network plan shall include a disclosure in the | ||||||
11 | print format provider directory that the information included | ||||||
12 | in the directory is accurate as of the date of printing and | ||||||
13 | that beneficiaries or prospective beneficiaries should consult | ||||||
14 | the insurer's electronic provider directory on its website and | ||||||
15 | contact the provider. The network plan shall also include a | ||||||
16 | telephone number in the print format provider directory for a | ||||||
17 | customer service representative where the beneficiary can | ||||||
18 | obtain current provider directory information. | ||||||
19 | (f) The Director may conduct periodic audits of the | ||||||
20 | accuracy of provider directories. A network plan shall not be | ||||||
21 | subject to any fines or penalties for information required in | ||||||
22 | this Section that a provider submits that is inaccurate or | ||||||
23 | incomplete. | ||||||
24 | (Source: P.A. 102-92, eff. 7-9-21; 103-605, eff. 7-1-24.)
| ||||||
25 | (Text of Section from P.A. 103-650) |
| |||||||
| |||||||
1 | Sec. 25. Network transparency. | ||||||
2 | (a) A network plan shall post electronically an | ||||||
3 | up-to-date, accurate, and complete provider directory for each | ||||||
4 | of its network plans, with the information and search | ||||||
5 | functions, as described in this Section. | ||||||
6 | (1) In making the directory available electronically, | ||||||
7 | the network plans shall ensure that the general public is | ||||||
8 | able to view all of the current providers for a plan | ||||||
9 | through a clearly identifiable link or tab and without | ||||||
10 | creating or accessing an account or entering a policy or | ||||||
11 | contract number. | ||||||
12 | (2) An issuer's failure to update a network plan's | ||||||
13 | directory shall subject the issuer to a civil penalty of | ||||||
14 | $5,000 per month. Providers shall notify the network plan | ||||||
15 | electronically or in writing within 10 business days of | ||||||
16 | any changes to their information as listed in the provider | ||||||
17 | directory, including the information required in | ||||||
18 | subsections (b), (c), and (d). With regard to subparagraph | ||||||
19 | (I) of paragraph (1) of subsection (b), the provider must | ||||||
20 | give notice to the issuer within 20 business days of | ||||||
21 | deciding to cease accepting new patients covered by the | ||||||
22 | plan if the new patient limitation is expected to last 40 | ||||||
23 | business days or longer. The network plan shall update its | ||||||
24 | online provider directory in a manner consistent with the | ||||||
25 | information provided by the provider within 2 business | ||||||
26 | days after being notified of the change by the provider. |
| |||||||
| |||||||
1 | Nothing in this paragraph (2) shall void any contractual | ||||||
2 | relationship between the provider and the plan. | ||||||
3 | (3) At least once every 90 days, the issuer shall | ||||||
4 | self-audit each network plan's provider directories for | ||||||
5 | accuracy, make any corrections necessary, and retain | ||||||
6 | documentation of the audit. The issuer shall submit the | ||||||
7 | self-audit and a summary to the Department, and the | ||||||
8 | Department shall make the summary of each self-audit | ||||||
9 | publicly available. The Department shall specify the | ||||||
10 | requirements of the summary, which shall be statistical in | ||||||
11 | nature except for a high-level narrative evaluating the | ||||||
12 | impact of internal and external factors on the accuracy of | ||||||
13 | the directory and the timeliness of updates. As part of | ||||||
14 | these self-audits, the network plan shall contact any | ||||||
15 | provider in its network that has not submitted a claim to | ||||||
16 | the plan or otherwise communicated his or her intent to | ||||||
17 | continue participation in the plan's network. The | ||||||
18 | self-audits shall comply with 42 U.S.C. 300gg-115(a)(2), | ||||||
19 | except that "provider directory information" shall include | ||||||
20 | all information required to be included in a provider | ||||||
21 | directory pursuant to this Act. | ||||||
22 | (4) A network plan shall provide a print copy of a | ||||||
23 | current provider directory or a print copy of the | ||||||
24 | requested directory information upon request of a | ||||||
25 | beneficiary or a prospective beneficiary. Except when an | ||||||
26 | issuer's print copies use the same provider information as |
| |||||||
| |||||||
1 | the electronic provider directory on each print copy's | ||||||
2 | date of printing, print copies must be updated at least | ||||||
3 | every 90 days and errata that reflects changes in the | ||||||
4 | provider network must be included in each update. | ||||||
5 | (5) For each network plan, a network plan shall | ||||||
6 | include, in plain language in both the electronic and | ||||||
7 | print directory, the following general information: | ||||||
8 | (A) in plain language, a description of the | ||||||
9 | criteria the plan has used to build its provider | ||||||
10 | network; | ||||||
11 | (B) if applicable, in plain language, a | ||||||
12 | description of the criteria the issuer or network plan | ||||||
13 | has used to create tiered networks; | ||||||
14 | (C) if applicable, in plain language, how the | ||||||
15 | network plan designates the different provider tiers | ||||||
16 | or levels in the network and identifies for each | ||||||
17 | specific provider, hospital, or other type of facility | ||||||
18 | in the network which tier each is placed, for example, | ||||||
19 | by name, symbols, or grouping, in order for a | ||||||
20 | beneficiary-covered person or a prospective | ||||||
21 | beneficiary-covered person to be able to identify the | ||||||
22 | provider tier; | ||||||
23 | (D) if applicable, a notation that authorization | ||||||
24 | or referral may be required to access some providers; | ||||||
25 | (E) a telephone number and email address for a | ||||||
26 | customer service representative to whom directory |
| |||||||
| |||||||
1 | inaccuracies may be reported; and | ||||||
2 | (F) a detailed description of the process to | ||||||
3 | dispute charges for out-of-network providers, | ||||||
4 | hospitals, or facilities that were incorrectly listed | ||||||
5 | as in-network prior to the provision of care and a | ||||||
6 | telephone number and email address to dispute such | ||||||
7 | charges. | ||||||
8 | (6) A network plan shall make it clear for both its | ||||||
9 | electronic and print directories what provider directory | ||||||
10 | applies to which network plan, such as including the | ||||||
11 | specific name of the network plan as marketed and issued | ||||||
12 | in this State. The network plan shall include in both its | ||||||
13 | electronic and print directories a customer service email | ||||||
14 | address and telephone number or electronic link that | ||||||
15 | beneficiaries or the general public may use to notify the | ||||||
16 | network plan of inaccurate provider directory information | ||||||
17 | and contact information for the Department's Office of | ||||||
18 | Consumer Health Insurance. | ||||||
19 | (7) A provider directory, whether in electronic or | ||||||
20 | print format, shall accommodate the communication needs of | ||||||
21 | individuals with disabilities, and include a link to or | ||||||
22 | information regarding available assistance for persons | ||||||
23 | with limited English proficiency. | ||||||
24 | (b) For each network plan, a network plan shall make | ||||||
25 | available through an electronic provider directory the | ||||||
26 | following information in a searchable format: |
| |||||||
| |||||||
1 | (1) for health care professionals: | ||||||
2 | (A) name; | ||||||
3 | (B) gender; | ||||||
4 | (C) participating office locations; | ||||||
5 | (D) patient population served (such as pediatric, | ||||||
6 | adult, elderly, or women) and specialty or | ||||||
7 | subspecialty, if applicable; | ||||||
8 | (E) medical group affiliations, if applicable; | ||||||
9 | (F) facility affiliations, if applicable; | ||||||
10 | (G) participating facility affiliations, if | ||||||
11 | applicable; | ||||||
12 | (H) languages spoken other than English, if | ||||||
13 | applicable; | ||||||
14 | (I) whether accepting new patients; | ||||||
15 | (J) board certifications, if applicable; | ||||||
16 | (K) use of telehealth or telemedicine, including, | ||||||
17 | but not limited to: | ||||||
18 | (i) whether the provider offers the use of | ||||||
19 | telehealth or telemedicine to deliver services to | ||||||
20 | patients for whom it would be clinically | ||||||
21 | appropriate; | ||||||
22 | (ii) what modalities are used and what types | ||||||
23 | of services may be provided via telehealth or | ||||||
24 | telemedicine; and | ||||||
25 | (iii) whether the provider has the ability and | ||||||
26 | willingness to include in a telehealth or |
| |||||||
| |||||||
1 | telemedicine encounter a family caregiver who is | ||||||
2 | in a separate location than the patient if the | ||||||
3 | patient wishes and provides his or her consent; | ||||||
4 | (L) whether the health care professional accepts | ||||||
5 | appointment requests from patients; and | ||||||
6 | (M) the anticipated date the provider will leave | ||||||
7 | the network, if applicable, which shall be included no | ||||||
8 | more than 10 days after the issuer confirms that the | ||||||
9 | provider is scheduled to leave the network; | ||||||
10 | (2) for hospitals: | ||||||
11 | (A) hospital name; | ||||||
12 | (B) hospital type (such as acute, rehabilitation, | ||||||
13 | children's, or cancer); | ||||||
14 | (C) participating hospital location; | ||||||
15 | (D) hospital accreditation status; and | ||||||
16 | (E) the anticipated date the hospital will leave | ||||||
17 | the network, if applicable, which shall be included no | ||||||
18 | more than 10 days after the issuer confirms the | ||||||
19 | hospital is scheduled to leave the network; and | ||||||
20 | (3) for facilities, other than hospitals, by type: | ||||||
21 | (A) facility name; | ||||||
22 | (B) facility type; | ||||||
23 | (C) types of services performed; | ||||||
24 | (D) participating facility location or locations; | ||||||
25 | and | ||||||
26 | (E) the anticipated date the facility will leave |
| |||||||
| |||||||
1 | the network, if applicable, which shall be included no | ||||||
2 | more than 10 days after the issuer confirms the | ||||||
3 | facility is scheduled to leave the network. | ||||||
4 | (c) For the electronic provider directories, for each | ||||||
5 | network plan, a network plan shall make available all of the | ||||||
6 | following information in addition to the searchable | ||||||
7 | information required in this Section: | ||||||
8 | (1) for health care professionals: | ||||||
9 | (A) contact information, including both a | ||||||
10 | telephone number and digital contact information if | ||||||
11 | the provider has supplied digital contact information; | ||||||
12 | and | ||||||
13 | (B) languages spoken other than English by | ||||||
14 | clinical staff, if applicable; | ||||||
15 | (2) for hospitals, telephone number and digital | ||||||
16 | contact information; and | ||||||
17 | (3) for facilities other than hospitals, telephone | ||||||
18 | number. | ||||||
19 | (d) The issuer or network plan shall make available in | ||||||
20 | print, upon request, the following provider directory | ||||||
21 | information for the applicable network plan: | ||||||
22 | (1) for health care professionals: | ||||||
23 | (A) name; | ||||||
24 | (B) contact information, including a telephone | ||||||
25 | number and digital contact information if the provider | ||||||
26 | has supplied digital contact information; |
| |||||||
| |||||||
1 | (C) participating office location or locations; | ||||||
2 | (D) patient population (such as pediatric, adult, | ||||||
3 | elderly, or women) and specialty or subspecialty, if | ||||||
4 | applicable; | ||||||
5 | (E) languages spoken other than English, if | ||||||
6 | applicable; | ||||||
7 | (F) whether accepting new patients; | ||||||
8 | (G) use of telehealth or telemedicine, including, | ||||||
9 | but not limited to: | ||||||
10 | (i) whether the provider offers the use of | ||||||
11 | telehealth or telemedicine to deliver services to | ||||||
12 | patients for whom it would be clinically | ||||||
13 | appropriate; | ||||||
14 | (ii) what modalities are used and what types | ||||||
15 | of services may be provided via telehealth or | ||||||
16 | telemedicine; and | ||||||
17 | (iii) whether the provider has the ability and | ||||||
18 | willingness to include in a telehealth or | ||||||
19 | telemedicine encounter a family caregiver who is | ||||||
20 | in a separate location than the patient if the | ||||||
21 | patient wishes and provides his or her consent; | ||||||
22 | and | ||||||
23 | (H) whether the health care professional accepts | ||||||
24 | appointment requests from patients. | ||||||
25 | (2) for hospitals: | ||||||
26 | (A) hospital name; |
| |||||||
| |||||||
1 | (B) hospital type (such as acute, rehabilitation, | ||||||
2 | children's, or cancer); and | ||||||
3 | (C) participating hospital location, telephone | ||||||
4 | number, and digital contact information; and | ||||||
5 | (3) for facilities, other than hospitals, by type: | ||||||
6 | (A) facility name; | ||||||
7 | (B) facility type; | ||||||
8 | (C) patient population (such as pediatric, adult, | ||||||
9 | elderly, or women) served, if applicable, and types of | ||||||
10 | services performed; and | ||||||
11 | (D) participating facility location or locations, | ||||||
12 | telephone numbers, and digital contact information for | ||||||
13 | each location. | ||||||
14 | (e) The network plan shall include a disclosure in the | ||||||
15 | print format provider directory that the information included | ||||||
16 | in the directory is accurate as of the date of printing and | ||||||
17 | that beneficiaries or prospective beneficiaries should consult | ||||||
18 | the issuer's electronic provider directory on its website and | ||||||
19 | contact the provider. The network plan shall also include a | ||||||
20 | telephone number and email address in the print format | ||||||
21 | provider directory for a customer service representative where | ||||||
22 | the beneficiary can obtain current provider directory | ||||||
23 | information or report provider directory inaccuracies. The | ||||||
24 | printed provider directory shall include a detailed | ||||||
25 | description of the process to dispute charges for | ||||||
26 | out-of-network providers, hospitals, or facilities that were |
| |||||||
| |||||||
1 | incorrectly listed as in-network prior to the provision of | ||||||
2 | care and a telephone number and email address to dispute those | ||||||
3 | charges. | ||||||
4 | (f) The Director may conduct periodic audits of the | ||||||
5 | accuracy of provider directories. A network plan shall not be | ||||||
6 | subject to any fines or penalties for information required in | ||||||
7 | this Section that a provider submits that is inaccurate or | ||||||
8 | incomplete. | ||||||
9 | (g) To the extent not otherwise provided in this Act, an | ||||||
10 | issuer shall comply with the requirements of 42 U.S.C. | ||||||
11 | 300gg-115, except that "provider directory information" shall | ||||||
12 | include all information required to be included in a provider | ||||||
13 | directory pursuant to this Section. | ||||||
14 | (h) If the issuer or the Department identifies a provider | ||||||
15 | incorrectly listed in the provider directory, the issuer shall | ||||||
16 | check each of the issuer's network plan provider directories | ||||||
17 | for the provider within 2 business days to ascertain whether | ||||||
18 | the provider is a preferred provider in that network plan and, | ||||||
19 | if the provider is incorrectly listed in the provider | ||||||
20 | directory, remove the provider from the provider directory | ||||||
21 | without delay. | ||||||
22 | (i) If the Director determines that an issuer violated | ||||||
23 | this Section, the Director may assess a fine up to $5,000 per | ||||||
24 | violation, except for inaccurate information given by a | ||||||
25 | provider to the issuer. If an issuer, or any entity or person | ||||||
26 | acting on the issuer's behalf, knew or reasonably should have |
| |||||||
| |||||||
1 | known that a provider was incorrectly included in a provider | ||||||
2 | directory, the Director may assess a fine of up to $25,000 per | ||||||
3 | violation against the issuer. | ||||||
4 | (j) This Section applies to network plans not otherwise | ||||||
5 | exempt under Section 3, including stand-alone dental plans. | ||||||
6 | (Source: P.A. 102-92, eff. 7-9-21; 103-650, eff. 1-1-25.)
| ||||||
7 | (Text of Section from P.A. 103-777) | ||||||
8 | Sec. 25. Network transparency. | ||||||
9 | (a) A network plan shall post electronically an | ||||||
10 | up-to-date, accurate, and complete provider directory for each | ||||||
11 | of its network plans, with the information and search | ||||||
12 | functions, as described in this Section. | ||||||
13 | (1) In making the directory available electronically, | ||||||
14 | the network plans shall ensure that the general public is | ||||||
15 | able to view all of the current providers for a plan | ||||||
16 | through a clearly identifiable link or tab and without | ||||||
17 | creating or accessing an account or entering a policy or | ||||||
18 | contract number. | ||||||
19 | (2) The network plan shall update the online provider | ||||||
20 | directory at least monthly. Providers shall notify the | ||||||
21 | network plan electronically or in writing of any changes | ||||||
22 | to their information as listed in the provider directory, | ||||||
23 | including the information required in subparagraph (K) of | ||||||
24 | paragraph (1) of subsection (b). The network plan shall | ||||||
25 | update its online provider directory in a manner |
| |||||||
| |||||||
1 | consistent with the information provided by the provider | ||||||
2 | within 10 business days after being notified of the change | ||||||
3 | by the provider. Nothing in this paragraph (2) shall void | ||||||
4 | any contractual relationship between the provider and the | ||||||
5 | plan. | ||||||
6 | (3) The network plan shall audit periodically at least | ||||||
7 | 25% of its provider directories for accuracy, make any | ||||||
8 | corrections necessary, and retain documentation of the | ||||||
9 | audit. The network plan shall submit the audit to the | ||||||
10 | Director upon request. As part of these audits, the | ||||||
11 | network plan shall contact any provider in its network | ||||||
12 | that has not submitted a claim to the plan or otherwise | ||||||
13 | communicated his or her intent to continue participation | ||||||
14 | in the plan's network. | ||||||
15 | (4) A network plan shall provide a printed copy of a | ||||||
16 | current provider directory or a printed copy of the | ||||||
17 | requested directory information upon request of a | ||||||
18 | beneficiary or a prospective beneficiary. Printed copies | ||||||
19 | must be updated quarterly and an errata that reflects | ||||||
20 | changes in the provider network must be updated quarterly. | ||||||
21 | (5) For each network plan, a network plan shall | ||||||
22 | include, in plain language in both the electronic and | ||||||
23 | print directory, the following general information: | ||||||
24 | (A) in plain language, a description of the | ||||||
25 | criteria the plan has used to build its provider | ||||||
26 | network; |
| |||||||
| |||||||
1 | (B) if applicable, in plain language, a | ||||||
2 | description of the criteria the insurer or network | ||||||
3 | plan has used to create tiered networks; | ||||||
4 | (C) if applicable, in plain language, how the | ||||||
5 | network plan designates the different provider tiers | ||||||
6 | or levels in the network and identifies for each | ||||||
7 | specific provider, hospital, or other type of facility | ||||||
8 | in the network which tier each is placed, for example, | ||||||
9 | by name, symbols, or grouping, in order for a | ||||||
10 | beneficiary-covered person or a prospective | ||||||
11 | beneficiary-covered person to be able to identify the | ||||||
12 | provider tier; and | ||||||
13 | (D) if applicable, a notation that authorization | ||||||
14 | or referral may be required to access some providers. | ||||||
15 | (6) A network plan shall make it clear for both its | ||||||
16 | electronic and print directories what provider directory | ||||||
17 | applies to which network plan, such as including the | ||||||
18 | specific name of the network plan as marketed and issued | ||||||
19 | in this State. The network plan shall include in both its | ||||||
20 | electronic and print directories a customer service email | ||||||
21 | address and telephone number or electronic link that | ||||||
22 | beneficiaries or the general public may use to notify the | ||||||
23 | network plan of inaccurate provider directory information | ||||||
24 | and contact information for the Department's Office of | ||||||
25 | Consumer Health Insurance. | ||||||
26 | (7) A provider directory, whether in electronic or |
| |||||||
| |||||||
1 | print format, shall accommodate the communication needs of | ||||||
2 | individuals with disabilities, and include a link to or | ||||||
3 | information regarding available assistance for persons | ||||||
4 | with limited English proficiency. | ||||||
5 | (b) For each network plan, a network plan shall make | ||||||
6 | available through an electronic provider directory the | ||||||
7 | following information in a searchable format: | ||||||
8 | (1) for health care professionals: | ||||||
9 | (A) name; | ||||||
10 | (B) gender; | ||||||
11 | (C) participating office locations; | ||||||
12 | (D) specialty, if applicable; | ||||||
13 | (E) medical group affiliations, if applicable; | ||||||
14 | (F) facility affiliations, if applicable; | ||||||
15 | (G) participating facility affiliations, if | ||||||
16 | applicable; | ||||||
17 | (H) languages spoken other than English, if | ||||||
18 | applicable; | ||||||
19 | (I) whether accepting new patients; | ||||||
20 | (J) board certifications, if applicable; and | ||||||
21 | (K) use of telehealth or telemedicine, including, | ||||||
22 | but not limited to: | ||||||
23 | (i) whether the provider offers the use of | ||||||
24 | telehealth or telemedicine to deliver services to | ||||||
25 | patients for whom it would be clinically | ||||||
26 | appropriate; |
| |||||||
| |||||||
1 | (ii) what modalities are used and what types | ||||||
2 | of services may be provided via telehealth or | ||||||
3 | telemedicine; and | ||||||
4 | (iii) whether the provider has the ability and | ||||||
5 | willingness to include in a telehealth or | ||||||
6 | telemedicine encounter a family caregiver who is | ||||||
7 | in a separate location than the patient if the | ||||||
8 | patient wishes and provides his or her consent; | ||||||
9 | (2) for hospitals: | ||||||
10 | (A) hospital name; | ||||||
11 | (B) hospital type (such as acute, rehabilitation, | ||||||
12 | children's, or cancer); | ||||||
13 | (C) participating hospital location; and | ||||||
14 | (D) hospital accreditation status; and | ||||||
15 | (3) for facilities, other than hospitals, by type: | ||||||
16 | (A) facility name; | ||||||
17 | (B) facility type; | ||||||
18 | (C) types of services performed; and | ||||||
19 | (D) participating facility location or locations. | ||||||
20 | (c) For the electronic provider directories, for each | ||||||
21 | network plan, a network plan shall make available all of the | ||||||
22 | following information in addition to the searchable | ||||||
23 | information required in this Section: | ||||||
24 | (1) for health care professionals: | ||||||
25 | (A) contact information; and | ||||||
26 | (B) languages spoken other than English by |
| |||||||
| |||||||
1 | clinical staff, if applicable; | ||||||
2 | (2) for hospitals, telephone number; and | ||||||
3 | (3) for facilities other than hospitals, telephone | ||||||
4 | number. | ||||||
5 | (d) The insurer or network plan shall make available in | ||||||
6 | print, upon request, the following provider directory | ||||||
7 | information for the applicable network plan: | ||||||
8 | (1) for health care professionals: | ||||||
9 | (A) name; | ||||||
10 | (B) contact information; | ||||||
11 | (C) participating office location or locations; | ||||||
12 | (D) specialty, if applicable; | ||||||
13 | (E) languages spoken other than English, if | ||||||
14 | applicable; | ||||||
15 | (F) whether accepting new patients; and | ||||||
16 | (G) use of telehealth or telemedicine, including, | ||||||
17 | but not limited to: | ||||||
18 | (i) whether the provider offers the use of | ||||||
19 | telehealth or telemedicine to deliver services to | ||||||
20 | patients for whom it would be clinically | ||||||
21 | appropriate; | ||||||
22 | (ii) what modalities are used and what types | ||||||
23 | of services may be provided via telehealth or | ||||||
24 | telemedicine; and | ||||||
25 | (iii) whether the provider has the ability and | ||||||
26 | willingness to include in a telehealth or |
| |||||||
| |||||||
1 | telemedicine encounter a family caregiver who is | ||||||
2 | in a separate location than the patient if the | ||||||
3 | patient wishes and provides his or her consent; | ||||||
4 | (2) for hospitals: | ||||||
5 | (A) hospital name; | ||||||
6 | (B) hospital type (such as acute, rehabilitation, | ||||||
7 | children's, or cancer); and | ||||||
8 | (C) participating hospital location and telephone | ||||||
9 | number; and | ||||||
10 | (3) for facilities, other than hospitals, by type: | ||||||
11 | (A) facility name; | ||||||
12 | (B) facility type; | ||||||
13 | (C) types of services performed; and | ||||||
14 | (D) participating facility location or locations | ||||||
15 | and telephone numbers. | ||||||
16 | (e) The network plan shall include a disclosure in the | ||||||
17 | print format provider directory that the information included | ||||||
18 | in the directory is accurate as of the date of printing and | ||||||
19 | that beneficiaries or prospective beneficiaries should consult | ||||||
20 | the insurer's electronic provider directory on its website and | ||||||
21 | contact the provider. The network plan shall also include a | ||||||
22 | telephone number in the print format provider directory for a | ||||||
23 | customer service representative where the beneficiary can | ||||||
24 | obtain current provider directory information. | ||||||
25 | (f) The Director may conduct periodic audits of the | ||||||
26 | accuracy of provider directories. A network plan shall not be |
| |||||||
| |||||||
1 | subject to any fines or penalties for information required in | ||||||
2 | this Section that a provider submits that is inaccurate or | ||||||
3 | incomplete. | ||||||
4 | (g) This Section applies to network plans that are not | ||||||
5 | otherwise exempt under Section 3, including stand-alone dental | ||||||
6 | plans that are subject to provider directory requirements | ||||||
7 | under federal law . | ||||||
8 | (Source: P.A. 102-92, eff. 7-9-21; 103-777, eff. 1-1-25. )
| ||||||
9 | Section 23. The Health Maintenance Organization Act is | ||||||
10 | amended by changing Section 5-3 as follows:
| ||||||
11 | (215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2) | ||||||
12 | (Text of Section before amendment by P.A. 103-808 ) | ||||||
13 | Sec. 5-3. Insurance Code provisions. | ||||||
14 | (a) Health Maintenance Organizations shall be subject to | ||||||
15 | the provisions of Sections 133, 134, 136, 137, 139, 140, | ||||||
16 | 141.1, 141.2, 141.3, 143, 143.31, 143c, 147, 148, 149, 151, | ||||||
17 | 152, 153, 154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, | ||||||
18 | 155.49, 352c, 355.2, 355.3, 355.6, 355b, 355c, 356f, 356g.5-1, | ||||||
19 | 356m, 356q, 356u.10, 356v, 356w, 356x, 356z.2, 356z.3a, | ||||||
20 | 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, 356z.9, 356z.10, | ||||||
21 | 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.18, | ||||||
22 | 356z.19, 356z.20, 356z.21, 356z.22, 356z.23, 356z.24, 356z.25, | ||||||
23 | 356z.26, 356z.28, 356z.29, 356z.30, 356z.31, 356z.32, 356z.33, | ||||||
24 | 356z.34, 356z.35, 356z.36, 356z.37, 356z.38, 356z.39, 356z.40, |
| |||||||
| |||||||
1 | 356z.40a, 356z.41, 356z.44, 356z.45, 356z.46, 356z.47, | ||||||
2 | 356z.48, 356z.49, 356z.50, 356z.51, 356z.53, 356z.54, 356z.55, | ||||||
3 | 356z.56, 356z.57, 356z.58, 356z.59, 356z.60, 356z.61, 356z.62, | ||||||
4 | 356z.63, 356z.64, 356z.65, 356z.66, 356z.67, 356z.68, 356z.69, | ||||||
5 | 356z.70, 356z.71, 356z.72, 356z.73, 356z.74, 356z.75, 356z.76, | ||||||
6 | 356z.77, 356z.78, 364, 364.01, 364.3, 367.2, 367.2-5, 367i, | ||||||
7 | 368a, 368b, 368c, 368d, 368e, 370c, 370c.1, 401, 401.1, 402, | ||||||
8 | 403, 403A, 408, 408.2, 409, 412, 444, and 444.1, paragraph (c) | ||||||
9 | of subsection (2) of Section 367, and Articles IIA, VIII 1/2, | ||||||
10 | XII, XII 1/2, XIII, XIII 1/2, XXV, XXVI, and XXXIIB of the | ||||||
11 | Illinois Insurance Code. | ||||||
12 | (b) For purposes of the Illinois Insurance Code, except | ||||||
13 | for Sections 444 and 444.1 and Articles XIII and XIII 1/2, | ||||||
14 | Health Maintenance Organizations in the following categories | ||||||
15 | are deemed to be "domestic companies": | ||||||
16 | (1) a corporation authorized under the Dental Service | ||||||
17 | Plan Act or the Voluntary Health Services Plans Act; | ||||||
18 | (2) a corporation organized under the laws of this | ||||||
19 | State; or | ||||||
20 | (3) a corporation organized under the laws of another | ||||||
21 | state, 30% or more of the enrollees of which are residents | ||||||
22 | of this State, except a corporation subject to | ||||||
23 | substantially the same requirements in its state of | ||||||
24 | organization as is a "domestic company" under Article VIII | ||||||
25 | 1/2 of the Illinois Insurance Code. | ||||||
26 | (c) In considering the merger, consolidation, or other |
| |||||||
| |||||||
1 | acquisition of control of a Health Maintenance Organization | ||||||
2 | pursuant to Article VIII 1/2 of the Illinois Insurance Code, | ||||||
3 | (1) the Director shall give primary consideration to | ||||||
4 | the continuation of benefits to enrollees and the | ||||||
5 | financial conditions of the acquired Health Maintenance | ||||||
6 | Organization after the merger, consolidation, or other | ||||||
7 | acquisition of control takes effect; | ||||||
8 | (2)(i) the criteria specified in subsection (1)(b) of | ||||||
9 | Section 131.8 of the Illinois Insurance Code shall not | ||||||
10 | apply and (ii) the Director, in making his determination | ||||||
11 | with respect to the merger, consolidation, or other | ||||||
12 | acquisition of control, need not take into account the | ||||||
13 | effect on competition of the merger, consolidation, or | ||||||
14 | other acquisition of control; | ||||||
15 | (3) the Director shall have the power to require the | ||||||
16 | following information: | ||||||
17 | (A) certification by an independent actuary of the | ||||||
18 | adequacy of the reserves of the Health Maintenance | ||||||
19 | Organization sought to be acquired; | ||||||
20 | (B) pro forma financial statements reflecting the | ||||||
21 | combined balance sheets of the acquiring company and | ||||||
22 | the Health Maintenance Organization sought to be | ||||||
23 | acquired as of the end of the preceding year and as of | ||||||
24 | a date 90 days prior to the acquisition, as well as pro | ||||||
25 | forma financial statements reflecting projected | ||||||
26 | combined operation for a period of 2 years; |
| |||||||
| |||||||
1 | (C) a pro forma business plan detailing an | ||||||
2 | acquiring party's plans with respect to the operation | ||||||
3 | of the Health Maintenance Organization sought to be | ||||||
4 | acquired for a period of not less than 3 years; and | ||||||
5 | (D) such other information as the Director shall | ||||||
6 | require. | ||||||
7 | (d) The provisions of Article VIII 1/2 of the Illinois | ||||||
8 | Insurance Code and this Section 5-3 shall apply to the sale by | ||||||
9 | any health maintenance organization of greater than 10% of its | ||||||
10 | enrollee population (including, without limitation, the health | ||||||
11 | maintenance organization's right, title, and interest in and | ||||||
12 | to its health care certificates). | ||||||
13 | (e) In considering any management contract or service | ||||||
14 | agreement subject to Section 141.1 of the Illinois Insurance | ||||||
15 | Code, the Director (i) shall, in addition to the criteria | ||||||
16 | specified in Section 141.2 of the Illinois Insurance Code, | ||||||
17 | take into account the effect of the management contract or | ||||||
18 | service agreement on the continuation of benefits to enrollees | ||||||
19 | and the financial condition of the health maintenance | ||||||
20 | organization to be managed or serviced, and (ii) need not take | ||||||
21 | into account the effect of the management contract or service | ||||||
22 | agreement on competition. | ||||||
23 | (f) Except for small employer groups as defined in the | ||||||
24 | Small Employer Rating, Renewability and Portability Health | ||||||
25 | Insurance Act and except for medicare supplement policies as | ||||||
26 | defined in Section 363 of the Illinois Insurance Code, a |
| |||||||
| |||||||
1 | Health Maintenance Organization may by contract agree with a | ||||||
2 | group or other enrollment unit to effect refunds or charge | ||||||
3 | additional premiums under the following terms and conditions: | ||||||
4 | (i) the amount of, and other terms and conditions with | ||||||
5 | respect to, the refund or additional premium are set forth | ||||||
6 | in the group or enrollment unit contract agreed in advance | ||||||
7 | of the period for which a refund is to be paid or | ||||||
8 | additional premium is to be charged (which period shall | ||||||
9 | not be less than one year); and | ||||||
10 | (ii) the amount of the refund or additional premium | ||||||
11 | shall not exceed 20% of the Health Maintenance | ||||||
12 | Organization's profitable or unprofitable experience with | ||||||
13 | respect to the group or other enrollment unit for the | ||||||
14 | period (and, for purposes of a refund or additional | ||||||
15 | premium, the profitable or unprofitable experience shall | ||||||
16 | be calculated taking into account a pro rata share of the | ||||||
17 | Health Maintenance Organization's administrative and | ||||||
18 | marketing expenses, but shall not include any refund to be | ||||||
19 | made or additional premium to be paid pursuant to this | ||||||
20 | subsection (f)). The Health Maintenance Organization and | ||||||
21 | the group or enrollment unit may agree that the profitable | ||||||
22 | or unprofitable experience may be calculated taking into | ||||||
23 | account the refund period and the immediately preceding 2 | ||||||
24 | plan years. | ||||||
25 | The Health Maintenance Organization shall include a | ||||||
26 | statement in the evidence of coverage issued to each enrollee |
| |||||||
| |||||||
1 | describing the possibility of a refund or additional premium, | ||||||
2 | and upon request of any group or enrollment unit, provide to | ||||||
3 | the group or enrollment unit a description of the method used | ||||||
4 | to calculate (1) the Health Maintenance Organization's | ||||||
5 | profitable experience with respect to the group or enrollment | ||||||
6 | unit and the resulting refund to the group or enrollment unit | ||||||
7 | or (2) the Health Maintenance Organization's unprofitable | ||||||
8 | experience with respect to the group or enrollment unit and | ||||||
9 | the resulting additional premium to be paid by the group or | ||||||
10 | enrollment unit. | ||||||
11 | In no event shall the Illinois Health Maintenance | ||||||
12 | Organization Guaranty Association be liable to pay any | ||||||
13 | contractual obligation of an insolvent organization to pay any | ||||||
14 | refund authorized under this Section. | ||||||
15 | (g) Rulemaking authority to implement Public Act 95-1045, | ||||||
16 | if any, is conditioned on the rules being adopted in | ||||||
17 | accordance with all provisions of the Illinois Administrative | ||||||
18 | Procedure Act and all rules and procedures of the Joint | ||||||
19 | Committee on Administrative Rules; any purported rule not so | ||||||
20 | adopted, for whatever reason, is unauthorized. | ||||||
21 | (Source: P.A. 102-30, eff. 1-1-22; 102-34, eff. 6-25-21; | ||||||
22 | 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. | ||||||
23 | 1-1-22; 102-589, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, | ||||||
24 | eff. 10-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22; | ||||||
25 | 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. | ||||||
26 | 1-1-23; 102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093, |
| |||||||
| |||||||
1 | eff. 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; | ||||||
2 | 103-91, eff. 1-1-24; 103-123, eff. 1-1-24; 103-154, eff. | ||||||
3 | 6-30-23; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445, | ||||||
4 | eff. 1-1-24; 103-551, eff. 8-11-23; 103-605, eff. 7-1-24; | ||||||
5 | 103-618, eff. 1-1-25; 103-649, eff. 1-1-25; 103-656, eff. | ||||||
6 | 1-1-25; 103-700, eff. 1-1-25; 103-718, eff. 7-19-24; 103-751, | ||||||
7 | eff. 8-2-24; 103-753, eff. 8-2-24; 103-758, eff. 1-1-25; | ||||||
8 | 103-777, eff. 8-2-24; 103-914, eff. 1-1-25; 103-918, eff. | ||||||
9 | 1-1-25; 103-1024, eff. 1-1-25; revised 9-26-24.)
| ||||||
10 | (Text of Section after amendment by P.A. 103-808 ) | ||||||
11 | Sec. 5-3. Insurance Code provisions. | ||||||
12 | (a) Health Maintenance Organizations shall be subject to | ||||||
13 | the provisions of Sections 133, 134, 136, 137, 139, 140, | ||||||
14 | 141.1, 141.2, 141.3, 143, 143.31, 143c, 147, 148, 149, 151, | ||||||
15 | 152, 153, 154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, | ||||||
16 | 155.49, 352c, 355.2, 355.3, 355.6, 355b, 355c, 356f, 356g, | ||||||
17 | 356g.5-1, 356m, 356q, 356u.10, 356v, 356w, 356x, 356z.2, | ||||||
18 | 356z.3a, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, 356z.9, | ||||||
19 | 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, | ||||||
20 | 356z.18, 356z.19, 356z.20, 356z.21, 356z.22, 356z.23, 356z.24, | ||||||
21 | 356z.25, 356z.26, 356z.28, 356z.29, 356z.30, 356z.31, 356z.32, | ||||||
22 | 356z.33, 356z.34, 356z.35, 356z.36, 356z.37, 356z.38, 356z.39, | ||||||
23 | 356z.40, 356z.40a, 356z.41, 356z.44, 356z.45, 356z.46, | ||||||
24 | 356z.47, 356z.48, 356z.49, 356z.50, 356z.51, 356z.53, 356z.54, | ||||||
25 | 356z.55, 356z.56, 356z.57, 356z.58, 356z.59, 356z.60, 356z.61, |
| |||||||
| |||||||
1 | 356z.62, 356z.63, 356z.64, 356z.65, 356z.66, 356z.67, 356z.68, | ||||||
2 | 356z.69, 356z.70, 356z.71, 356z.72, 356z.73, 356z.74, 356z.75, | ||||||
3 | 356z.76, 356z.77, 356z.78, 364, 364.01, 364.3, 367.2, 367.2-5, | ||||||
4 | 367i, 368a, 368b, 368c, 368d, 368e, 370c, 370c.1, 401, 401.1, | ||||||
5 | 402, 403, 403A, 408, 408.2, 409, 412, 444, and 444.1, | ||||||
6 | paragraph (c) of subsection (2) of Section 367, and Articles | ||||||
7 | IIA, VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV, XXVI, and | ||||||
8 | XXXIIB of the Illinois Insurance Code. | ||||||
9 | (b) For purposes of the Illinois Insurance Code, except | ||||||
10 | for Sections 444 and 444.1 and Articles XIII and XIII 1/2, | ||||||
11 | Health Maintenance Organizations in the following categories | ||||||
12 | are deemed to be "domestic companies": | ||||||
13 | (1) a corporation authorized under the Dental Service | ||||||
14 | Plan Act or the Voluntary Health Services Plans Act; | ||||||
15 | (2) a corporation organized under the laws of this | ||||||
16 | State; or | ||||||
17 | (3) a corporation organized under the laws of another | ||||||
18 | state, 30% or more of the enrollees of which are residents | ||||||
19 | of this State, except a corporation subject to | ||||||
20 | substantially the same requirements in its state of | ||||||
21 | organization as is a "domestic company" under Article VIII | ||||||
22 | 1/2 of the Illinois Insurance Code. | ||||||
23 | (c) In considering the merger, consolidation, or other | ||||||
24 | acquisition of control of a Health Maintenance Organization | ||||||
25 | pursuant to Article VIII 1/2 of the Illinois Insurance Code, | ||||||
26 | (1) the Director shall give primary consideration to |
| |||||||
| |||||||
1 | the continuation of benefits to enrollees and the | ||||||
2 | financial conditions of the acquired Health Maintenance | ||||||
3 | Organization after the merger, consolidation, or other | ||||||
4 | acquisition of control takes effect; | ||||||
5 | (2)(i) the criteria specified in subsection (1)(b) of | ||||||
6 | Section 131.8 of the Illinois Insurance Code shall not | ||||||
7 | apply and (ii) the Director, in making his determination | ||||||
8 | with respect to the merger, consolidation, or other | ||||||
9 | acquisition of control, need not take into account the | ||||||
10 | effect on competition of the merger, consolidation, or | ||||||
11 | other acquisition of control; | ||||||
12 | (3) the Director shall have the power to require the | ||||||
13 | following information: | ||||||
14 | (A) certification by an independent actuary of the | ||||||
15 | adequacy of the reserves of the Health Maintenance | ||||||
16 | Organization sought to be acquired; | ||||||
17 | (B) pro forma financial statements reflecting the | ||||||
18 | combined balance sheets of the acquiring company and | ||||||
19 | the Health Maintenance Organization sought to be | ||||||
20 | acquired as of the end of the preceding year and as of | ||||||
21 | a date 90 days prior to the acquisition, as well as pro | ||||||
22 | forma financial statements reflecting projected | ||||||
23 | combined operation for a period of 2 years; | ||||||
24 | (C) a pro forma business plan detailing an | ||||||
25 | acquiring party's plans with respect to the operation | ||||||
26 | of the Health Maintenance Organization sought to be |
| |||||||
| |||||||
1 | acquired for a period of not less than 3 years; and | ||||||
2 | (D) such other information as the Director shall | ||||||
3 | require. | ||||||
4 | (d) The provisions of Article VIII 1/2 of the Illinois | ||||||
5 | Insurance Code and this Section 5-3 shall apply to the sale by | ||||||
6 | any health maintenance organization of greater than 10% of its | ||||||
7 | enrollee population (including, without limitation, the health | ||||||
8 | maintenance organization's right, title, and interest in and | ||||||
9 | to its health care certificates). | ||||||
10 | (e) In considering any management contract or service | ||||||
11 | agreement subject to Section 141.1 of the Illinois Insurance | ||||||
12 | Code, the Director (i) shall, in addition to the criteria | ||||||
13 | specified in Section 141.2 of the Illinois Insurance Code, | ||||||
14 | take into account the effect of the management contract or | ||||||
15 | service agreement on the continuation of benefits to enrollees | ||||||
16 | and the financial condition of the health maintenance | ||||||
17 | organization to be managed or serviced, and (ii) need not take | ||||||
18 | into account the effect of the management contract or service | ||||||
19 | agreement on competition. | ||||||
20 | (f) Except for small employer groups as defined in the | ||||||
21 | Small Employer Rating, Renewability and Portability Health | ||||||
22 | Insurance Act and except for medicare supplement policies as | ||||||
23 | defined in Section 363 of the Illinois Insurance Code, a | ||||||
24 | Health Maintenance Organization may by contract agree with a | ||||||
25 | group or other enrollment unit to effect refunds or charge | ||||||
26 | additional premiums under the following terms and conditions: |
| |||||||
| |||||||
1 | (i) the amount of, and other terms and conditions with | ||||||
2 | respect to, the refund or additional premium are set forth | ||||||
3 | in the group or enrollment unit contract agreed in advance | ||||||
4 | of the period for which a refund is to be paid or | ||||||
5 | additional premium is to be charged (which period shall | ||||||
6 | not be less than one year); and | ||||||
7 | (ii) the amount of the refund or additional premium | ||||||
8 | shall not exceed 20% of the Health Maintenance | ||||||
9 | Organization's profitable or unprofitable experience with | ||||||
10 | respect to the group or other enrollment unit for the | ||||||
11 | period (and, for purposes of a refund or additional | ||||||
12 | premium, the profitable or unprofitable experience shall | ||||||
13 | be calculated taking into account a pro rata share of the | ||||||
14 | Health Maintenance Organization's administrative and | ||||||
15 | marketing expenses, but shall not include any refund to be | ||||||
16 | made or additional premium to be paid pursuant to this | ||||||
17 | subsection (f)). The Health Maintenance Organization and | ||||||
18 | the group or enrollment unit may agree that the profitable | ||||||
19 | or unprofitable experience may be calculated taking into | ||||||
20 | account the refund period and the immediately preceding 2 | ||||||
21 | plan years. | ||||||
22 | The Health Maintenance Organization shall include a | ||||||
23 | statement in the evidence of coverage issued to each enrollee | ||||||
24 | describing the possibility of a refund or additional premium, | ||||||
25 | and upon request of any group or enrollment unit, provide to | ||||||
26 | the group or enrollment unit a description of the method used |
| |||||||
| |||||||
1 | to calculate (1) the Health Maintenance Organization's | ||||||
2 | profitable experience with respect to the group or enrollment | ||||||
3 | unit and the resulting refund to the group or enrollment unit | ||||||
4 | or (2) the Health Maintenance Organization's unprofitable | ||||||
5 | experience with respect to the group or enrollment unit and | ||||||
6 | the resulting additional premium to be paid by the group or | ||||||
7 | enrollment unit. | ||||||
8 | In no event shall the Illinois Health Maintenance | ||||||
9 | Organization Guaranty Association be liable to pay any | ||||||
10 | contractual obligation of an insolvent organization to pay any | ||||||
11 | refund authorized under this Section. | ||||||
12 | (g) Rulemaking authority to implement Public Act 95-1045, | ||||||
13 | if any, is conditioned on the rules being adopted in | ||||||
14 | accordance with all provisions of the Illinois Administrative | ||||||
15 | Procedure Act and all rules and procedures of the Joint | ||||||
16 | Committee on Administrative Rules; any purported rule not so | ||||||
17 | adopted, for whatever reason, is unauthorized. | ||||||
18 | (Source: P.A. 102-30, eff. 1-1-22; 102-34, eff. 6-25-21; | ||||||
19 | 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. | ||||||
20 | 1-1-22; 102-589, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, | ||||||
21 | eff. 10-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22; | ||||||
22 | 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. | ||||||
23 | 1-1-23; 102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093, | ||||||
24 | eff. 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; | ||||||
25 | 103-91, eff. 1-1-24; 103-123, eff. 1-1-24; 103-154, eff. | ||||||
26 | 6-30-23; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445, |
| |||||||
| |||||||
1 | eff. 1-1-24; 103-551, eff. 8-11-23; 103-605, eff. 7-1-24; | ||||||
2 | 103-618, eff. 1-1-25; 103-649, eff. 1-1-25; 103-656, eff. | ||||||
3 | 1-1-25; 103-700, eff. 1-1-25; 103-718, eff. 7-19-24; 103-751, | ||||||
4 | eff. 8-2-24; 103-753, eff. 8-2-24; 103-758, eff. 1-1-25; | ||||||
5 | 103-777, eff. 8-2-24; 103-808, eff. 1-1-26; 103-914, eff. | ||||||
6 | 1-1-25; 103-918, eff. 1-1-25; 103-1024, eff. 1-1-25; revised | ||||||
7 | 11-26-24.)
| ||||||
8 | Section 25. The Limited Health Service Organization Act is | ||||||
9 | amended by changing Section 4003 as follows:
| ||||||
10 | (215 ILCS 130/4003) (from Ch. 73, par. 1504-3) | ||||||
11 | Sec. 4003. Illinois Insurance Code provisions. Limited | ||||||
12 | health service organizations shall be subject to the | ||||||
13 | provisions of Sections 133, 134, 136, 137, 139, 140, 141.1, | ||||||
14 | 141.2, 141.3, 143, 143.31, 143c, 147, 148, 149, 151, 152, 153, | ||||||
15 | 154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.37, 155.49, 352c, | ||||||
16 | 355.2, 355.3, 355b, 355d, 356m, 356q, 356v, 356z.4, 356z.4a, | ||||||
17 | 356z.10, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29, 356z.32, | ||||||
18 | 356z.33, 356z.41, 356z.46, 356z.47, 356z.51, 356z.53, 356z.54, | ||||||
19 | 356z.57, 356z.59, 356z.61, 356z.64, 356z.67, 356z.68, 356z.71, | ||||||
20 | 356z.73, 356z.74, 356z.75, 364.3, 368a, 401, 401.1, 402, 403, | ||||||
21 | 403A, 408, 408.2, 409, 412, 444, and 444.1 and Articles IIA, | ||||||
22 | VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV, and XXVI , and | ||||||
23 | XXXIIB of the Illinois Insurance Code. Nothing in this Section | ||||||
24 | shall require a limited health care plan to cover any service |
| |||||||
| |||||||
1 | that is not a limited health service. For purposes of the | ||||||
2 | Illinois Insurance Code, except for Sections 444 and 444.1 and | ||||||
3 | Articles XIII and XIII 1/2, limited health service | ||||||
4 | organizations in the following categories are deemed to be | ||||||
5 | domestic companies: | ||||||
6 | (1) a corporation under the laws of this State; or | ||||||
7 | (2) a corporation organized under the laws of another | ||||||
8 | state, 30% or more of the enrollees of which are residents | ||||||
9 | of this State, except a corporation subject to | ||||||
10 | substantially the same requirements in its state of | ||||||
11 | organization as is a domestic company under Article VIII | ||||||
12 | 1/2 of the Illinois Insurance Code. | ||||||
13 | (Source: P.A. 102-30, eff. 1-1-22; 102-203, eff. 1-1-22; | ||||||
14 | 102-306, eff. 1-1-22; 102-642, eff. 1-1-22; 102-731, eff. | ||||||
15 | 1-1-23; 102-775, eff. 5-13-22; 102-813, eff. 5-13-22; 102-816, | ||||||
16 | eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; | ||||||
17 | 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff. | ||||||
18 | 1-1-24; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445, | ||||||
19 | eff. 1-1-24; 103-605, eff. 7-1-24; 103-649, eff. 1-1-25; | ||||||
20 | 103-656, eff. 1-1-25; 103-700, eff. 1-1-25; 103-718, eff. | ||||||
21 | 7-19-24; 103-751, eff. 8-2-24; 103-758, eff. 1-1-25; 103-832, | ||||||
22 | eff. 1-1-25; 103-1024, eff. 1-1-25; revised 11-26-24.)
| ||||||
23 | Section 30. The Criminal Code of 2012 is amended by | ||||||
24 | changing Section 17-0.5 as follows:
|
| |||||||
| |||||||
1 | (720 ILCS 5/17-0.5) | ||||||
2 | Sec. 17-0.5. Definitions. In this Article: | ||||||
3 | "Altered credit card or debit card" means any instrument | ||||||
4 | or device, whether known as a credit card or debit card, which | ||||||
5 | has been changed in any respect by addition or deletion of any | ||||||
6 | material, except for the signature by the person to whom the | ||||||
7 | card is issued. | ||||||
8 | "Cardholder" means the person or organization named on the | ||||||
9 | face of a credit card or debit card to whom or for whose | ||||||
10 | benefit the credit card or debit card is issued by an issuer. | ||||||
11 | "Computer" means a device that accepts, processes, stores, | ||||||
12 | retrieves, or outputs data and includes, but is not limited | ||||||
13 | to, auxiliary storage, including cloud-based networks of | ||||||
14 | remote services hosted on the Internet, and telecommunications | ||||||
15 | devices connected to computers. | ||||||
16 | "Computer network" means a set of related, remotely | ||||||
17 | connected devices and any communications facilities including | ||||||
18 | more than one computer with the capability to transmit data | ||||||
19 | between them through the communications facilities. | ||||||
20 | "Computer program" or "program" means a series of coded | ||||||
21 | instructions or statements in a form acceptable to a computer | ||||||
22 | which causes the computer to process data and supply the | ||||||
23 | results of the data processing. | ||||||
24 | "Computer services" means computer time or services, | ||||||
25 | including data processing services, Internet services, | ||||||
26 | electronic mail services, electronic message services, or |
| |||||||
| |||||||
1 | information or data stored in connection therewith. | ||||||
2 | "Counterfeit" means to manufacture, produce or create, by | ||||||
3 | any means, a credit card or debit card without the purported | ||||||
4 | issuer's consent or authorization. | ||||||
5 | "Credit card" means any instrument or device, whether | ||||||
6 | known as a credit card, credit plate, charge plate or any other | ||||||
7 | name, issued with or without fee by an issuer for the use of | ||||||
8 | the cardholder in obtaining money, goods, services or anything | ||||||
9 | else of value on credit or in consideration or an undertaking | ||||||
10 | or guaranty by the issuer of the payment of a check drawn by | ||||||
11 | the cardholder. | ||||||
12 | "Data" means a representation in any form of information, | ||||||
13 | knowledge, facts, concepts, or instructions, including program | ||||||
14 | documentation, which is prepared or has been prepared in a | ||||||
15 | formalized manner and is stored or processed in or transmitted | ||||||
16 | by a computer or in a system or network. Data is considered | ||||||
17 | property and may be in any form, including, but not limited to, | ||||||
18 | printouts, magnetic or optical storage media, punch cards, or | ||||||
19 | data stored internally in the memory of the computer. | ||||||
20 | "Debit card" means any instrument or device, known by any | ||||||
21 | name, issued with or without fee by an issuer for the use of | ||||||
22 | the cardholder in obtaining money, goods, services, and | ||||||
23 | anything else of value, payment of which is made against funds | ||||||
24 | previously deposited by the cardholder. A debit card which | ||||||
25 | also can be used to obtain money, goods, services and anything | ||||||
26 | else of value on credit shall not be considered a debit card |
| |||||||
| |||||||
1 | when it is being used to obtain money, goods, services or | ||||||
2 | anything else of value on credit. | ||||||
3 | "Document" includes, but is not limited to, any document, | ||||||
4 | representation, or image produced manually, electronically, or | ||||||
5 | by computer. | ||||||
6 | "Electronic fund transfer terminal" means any machine or | ||||||
7 | device that, when properly activated, will perform any of the | ||||||
8 | following services: | ||||||
9 | (1) Dispense money as a debit to the cardholder's | ||||||
10 | account; or | ||||||
11 | (2) Print the cardholder's account balances on a | ||||||
12 | statement; or | ||||||
13 | (3) Transfer funds between a cardholder's accounts; or | ||||||
14 | (4) Accept payments on a cardholder's loan; or | ||||||
15 | (5) Dispense cash advances on an open end credit or a | ||||||
16 | revolving charge agreement; or | ||||||
17 | (6) Accept deposits to a customer's account; or | ||||||
18 | (7) Receive inquiries of verification of checks and | ||||||
19 | dispense information that verifies that funds are | ||||||
20 | available to cover such checks; or | ||||||
21 | (8) Cause money to be transferred electronically from | ||||||
22 | a cardholder's account to an account held by any business, | ||||||
23 | firm, retail merchant, corporation, or any other | ||||||
24 | organization. | ||||||
25 | "Electronic funds transfer system", hereafter referred to | ||||||
26 | as "EFT System", means that system whereby funds are |
| |||||||
| |||||||
1 | transferred electronically from a cardholder's account to any | ||||||
2 | other account. | ||||||
3 | "Electronic mail service provider" means any person who | ||||||
4 | (i) is an intermediary in sending or receiving electronic mail | ||||||
5 | and (ii) provides to end-users of electronic mail services the | ||||||
6 | ability to send or receive electronic mail. | ||||||
7 | "Expired credit card or debit card" means a credit card or | ||||||
8 | debit card which is no longer valid because the term on it has | ||||||
9 | elapsed. | ||||||
10 | "False academic degree" means a certificate, diploma, | ||||||
11 | transcript, or other document purporting to be issued by an | ||||||
12 | institution of higher learning or purporting to indicate that | ||||||
13 | a person has completed an organized academic program of study | ||||||
14 | at an institution of higher learning when the person has not | ||||||
15 | completed the organized academic program of study indicated on | ||||||
16 | the certificate, diploma, transcript, or other document. | ||||||
17 | "False claim" means any statement made to any insurer, | ||||||
18 | purported insurer, servicing corporation, insurance broker, or | ||||||
19 | insurance agent, or any agent or employee of one of those | ||||||
20 | entities, and made as part of, or in support of, a claim for | ||||||
21 | payment or other benefit under a policy of insurance, or as | ||||||
22 | part of, or in support of, an application for the issuance of, | ||||||
23 | or the rating of, any insurance policy, when the statement | ||||||
24 | does any of the following: | ||||||
25 | (1) Contains any false, incomplete, or misleading | ||||||
26 | information concerning any fact or thing material to the |
| |||||||
| |||||||
1 | claim. | ||||||
2 | (2) Conceals (i) the occurrence of an event that is | ||||||
3 | material to any person's initial or continued right or | ||||||
4 | entitlement to any insurance benefit or payment or (ii) | ||||||
5 | the amount of any benefit or payment to which the person is | ||||||
6 | entitled. | ||||||
7 | "Financial institution" means any bank, savings and loan | ||||||
8 | association, credit union, or other depository of money or | ||||||
9 | medium of savings and collective investment. | ||||||
10 | "Governmental entity" means: each officer, board, | ||||||
11 | commission, and agency created by the Constitution, whether in | ||||||
12 | the executive, legislative, or judicial branch of State | ||||||
13 | government; each officer, department, board, commission, | ||||||
14 | agency, institution, authority, university, and body politic | ||||||
15 | and corporate of the State; each administrative unit or | ||||||
16 | corporate outgrowth of State government that is created by or | ||||||
17 | pursuant to statute, including units of local government and | ||||||
18 | their officers, school districts, and boards of election | ||||||
19 | commissioners; and each administrative unit or corporate | ||||||
20 | outgrowth of the foregoing items and as may be created by | ||||||
21 | executive order of the Governor. | ||||||
22 | "Incomplete credit card or debit card" means a credit card | ||||||
23 | or debit card which is missing part of the matter other than | ||||||
24 | the signature of the cardholder which an issuer requires to | ||||||
25 | appear on the credit card or debit card before it can be used | ||||||
26 | by a cardholder, and this includes credit cards or debit cards |
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1 | which have not been stamped, embossed, imprinted or written | ||||||
2 | on. | ||||||
3 | "Institution of higher learning" means a public or private | ||||||
4 | college, university, or community college located in the State | ||||||
5 | of Illinois that is authorized by the Board of Higher | ||||||
6 | Education or the Illinois Community College Board to issue | ||||||
7 | post-secondary degrees, or a public or private college, | ||||||
8 | university, or community college located anywhere in the | ||||||
9 | United States that is or has been legally constituted to offer | ||||||
10 | degrees and instruction in its state of origin or | ||||||
11 | incorporation. | ||||||
12 | "Insurance company" means any "company" as defined under | ||||||
13 | Section 2 of the Illinois Insurance Code , "dental service plan | ||||||
14 | corporation" as defined in Section 3 of the Dental Service | ||||||
15 | Plan Act, "health maintenance organization" as defined in | ||||||
16 | Section 1-2 of the Health Maintenance Organization Act, | ||||||
17 | "limited health service organization" as defined in Section | ||||||
18 | 1002 of the Limited Health Service Organization Act, "health | ||||||
19 | services plan corporation" as defined in Section 2 of the | ||||||
20 | Voluntary Health Services Plans Act, or any trust fund | ||||||
21 | organized under the Religious and Charitable Risk Pooling | ||||||
22 | Trust Act . | ||||||
23 | "Issuer" means the business organization or financial | ||||||
24 | institution which issues a credit card or debit card, or its | ||||||
25 | duly authorized agent. | ||||||
26 | "Merchant" has the meaning ascribed to it in Section |
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1 | 16-0.1 of this Code. | ||||||
2 | "Person" means any individual, corporation, government, | ||||||
3 | governmental subdivision or agency, business trust, estate, | ||||||
4 | trust, partnership or association or any other entity. | ||||||
5 | "Receives" or "receiving" means acquiring possession or | ||||||
6 | control. | ||||||
7 | "Record of charge form" means any document submitted or | ||||||
8 | intended to be submitted to an issuer as evidence of a credit | ||||||
9 | transaction for which the issuer has agreed to reimburse | ||||||
10 | persons providing money, goods, property, services or other | ||||||
11 | things of value. | ||||||
12 | "Revoked credit card or debit card" means a credit card or | ||||||
13 | debit card which is no longer valid because permission to use | ||||||
14 | it has been suspended or terminated by the issuer. | ||||||
15 | "Sale" means any delivery for value. | ||||||
16 | "Scheme or artifice to defraud" includes a scheme or | ||||||
17 | artifice to deprive another of the intangible right to honest | ||||||
18 | services. | ||||||
19 | "Self-insured entity" means any person, business, | ||||||
20 | partnership, corporation, or organization that sets aside | ||||||
21 | funds to meet his, her, or its losses or t o absorb fluctuations | ||||||
22 | in the amount of loss, the losses being charged against the | ||||||
23 | funds set aside or accumulated. | ||||||
24 | "Social networking website" means an Internet website | ||||||
25 | containing profile web pages of the members of the website | ||||||
26 | that include the names or nicknames of such members, |
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1 | photographs placed on the profile web pages by such members, | ||||||
2 | or any other personal or personally identifying information | ||||||
3 | about such members and links to other profile web pages on | ||||||
4 | social networking websites of friends or associates of such | ||||||
5 | members that can be accessed by other members or visitors to | ||||||
6 | the website. A social networking website provides members of | ||||||
7 | or visitors to such website the ability to leave messages or | ||||||
8 | comments on the profile web page that are visible to all or | ||||||
9 | some visitors to the profile web page and may also include a | ||||||
10 | form of electronic mail for members of the social networking | ||||||
11 | website. | ||||||
12 | "Statement" means any assertion, oral, written, or | ||||||
13 | otherwise, and includes, but is not limited to: any notice, | ||||||
14 | letter, or memorandum; proof of loss; bill of lading; receipt | ||||||
15 | for payment; invoice, account, or other financial statement; | ||||||
16 | estimate of property damage; bill for services; diagnosis or | ||||||
17 | prognosis; prescription; hospital, medical, or dental chart or | ||||||
18 | other record, x-ray, photograph, videotape, or movie film; | ||||||
19 | test result; other evidence of loss, injury, or expense; | ||||||
20 | computer-generated document; and data in any form. | ||||||
21 | "Universal Price Code Label" means a unique symbol that | ||||||
22 | consists of a machine-readable code and human-readable | ||||||
23 | numbers. | ||||||
24 | "With intent to defraud" means to act knowingly, and with | ||||||
25 | the specific intent to deceive or cheat, for the purpose of | ||||||
26 | causing financial loss to another or bringing some financial |
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1 | gain to oneself, regardless of whether any person was actually | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | defrauded or deceived. This includes an intent to cause | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | another to assume, create, transfer, alter, or terminate any | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | right, obligation, or power with reference to any person or | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | property. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | (Source: P.A. 101-87, eff. 1-1-20 .)
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7 | Section 95. No acceleration or delay. Where this Act makes | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | changes in a statute that is represented in this Act by text | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | that is not yet or no longer in effect (for example, a Section | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | represented by multiple versions), the use of that text does | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | not accelerate or delay the taking effect of (i) the changes | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | made by this Act or (ii) provisions derived from any other | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | Public Act.
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14 | Section 99. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | becoming law, except that the changes to Sections 143d and | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | 1563 of the Illinois Insurance Code take effect January 1, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | 2026, and the changes to Section 174 of the Illinois Insurance | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | Code take effect 60 days after this Act becomes law. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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