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

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3800

Introduced , by Rep. Bob Morgan

SYNOPSIS AS INTRODUCED:
See Index

    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.
LRB104 09780 BAB 19846 b

A BILL FOR

HB3800LRB104 09780 BAB 19846 b
1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Burn Victims Relief Act is amended by
5changing Section 10 as follows:
6    (20 ILCS 1410/10)
7    Sec. 10. Payments to the George Bailey Memorial Fund. The
8George Bailey Memorial Fund is created as a special fund in the
9State treasury. Funds received under Section 16-104d of the
10Illinois Vehicle Code shall be repaid in full to the Fire Truck
11Revolving Loan Fund, without the deduction of the 20%
12administrative fee authorized in subsection (b) of Section 5,
13upon receipt by the George Bailey Memorial Fund from the
14person or his or her estate, trust, or heirs of any moneys from
15a settlement for the injury that is the proximate cause of the
16person's disability under this Act or moneys received from
17Social Security disability benefits. Moneys in the George
18Bailey Memorial Fund may only be used for the purposes set
19forth in this Act. On June 30, 2025, or as soon thereafter as
20practical, the State Comptroller shall direct the State
21Treasurer to transfer the remaining balance from the George
22Bailey Memorial Fund into the General Revenue Fund. Upon
23completion of the transfer, the George Bailey Memorial Fund is

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1dissolved, and any future deposits due to that Fund and any
2outstanding obligations or liabilities of that Fund shall pass
3to the General Revenue Fund.    
4(Source: P.A. 99-455, eff. 1-1-16; 100-987, eff. 7-1-19.)
5    Section 10. The Illinois Insurance Code is amended by
6changing Sections 121-2.08, 143d, 174, 194, 356z.73, 368d,
7370c.1, and 1563 and by renumbering and changing Section
8356z.71 (as amended by Public Act 103-700) as follows:
9    (215 ILCS 5/121-2.08)    (from Ch. 73, par. 733-2.08)
10    Sec. 121-2.08. Transactions in this State involving
11contracts of insurance independently procured directly from an
12unauthorized insurer by industrial insureds.
13    (a) As used in this Section:
14    "Exempt commercial purchaser" means exempt commercial
15purchaser as the term is defined in subsection (1) of Section
16445 of this Code.
17    "Home state" means home state as the term is defined in
18subsection (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
8is defined in Section 500-10 of this Code.
9    "Qualified risk manager" means qualified risk manager as
10the term is defined in subsection (1) of Section 445 of this
11Code.
12    "Safety-Net Hospital" means an Illinois hospital that
13qualifies as a Safety-Net Hospital under Section 5-5e.1 of the
14Illinois Public Aid Code.
15    "Unauthorized insurer" means unauthorized insurer as the
16term is defined in subsection (1) of Section 445 of this Code.
17    (b) For contracts of insurance effective January 1, 2015
18or later, within 90 days after the effective date of each
19contract of insurance issued under this Section, the insured
20shall file a report with the Director by submitting the report
21to the Surplus Line Association of Illinois in writing or in a
22computer readable format and provide information as designated
23by the Surplus Line Association of Illinois. The information
24in the report shall be substantially similar to that required
25for surplus line submissions as described in subsection (5) of
26Section 445 of this Code. Where applicable, the report shall

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1satisfy, with respect to the subject insurance, the reporting
2requirement of Section 12 of the Fire Investigation Act.
3    (c) For contracts of insurance effective January 1, 2015
4through December 31, 2017, within 30 days after filing the
5report, the insured shall pay to the Director for the use and
6benefit of the State a sum equal to the gross premium of the
7contract of insurance multiplied by the surplus line tax rate,
8as described in paragraph (3) of subsection (a) of Section 445
9of this Code, and shall pay the fire marshal tax that would
10otherwise be due annually in March for insurance subject to
11tax under Section 12 of the Fire Investigation Act. For
12contracts of insurance effective January 1, 2018 or later,
13within 30 days after filing the report, the insured shall pay
14to the Director for the use and benefit of the State a sum
15equal to 0.5% of the gross premium of the contract of
16insurance, and shall pay the fire marshal tax that would
17otherwise be due annually in March for insurance subject to
18tax under Section 12 of the Fire Investigation Act. For
19contracts of insurance effective January 1, 2015 or later,
20within 30 days after filing the report, the insured shall pay
21to the Surplus Line Association of Illinois a countersigning
22fee that shall be assessed at the same rate charged to members
23pursuant to subsection (4) of Section 445.1 of this Code.
24    (d) For contracts of insurance effective January 1, 2015
25or later, the insured shall withhold the amount of the taxes
26and countersignature fee from the amount of premium charged by

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1and otherwise payable to the insurer for the insurance. If the
2insured fails to withhold the tax and countersignature fee
3from the premium, then the insured shall be liable for the
4amounts thereof and shall pay the amounts as prescribed in
5subsection (c) of this Section.
6    (e) Contracts of insurance with an industrial insured that
7qualifies as a Safety-Net Hospital are not subject to
8subsections (b) through (d) of this Section.
9(Source: P.A. 100-535, eff. 9-22-17; 100-1118, eff. 11-27-18.)
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
13that is transacting the kind or kinds of business under Class
141, 2, or 3, of Section 4 of this Code issue policies of
15insurance as defined in subsections (a) and (b) of Section
16143.13 shall establish a customer affairs and information
17department to respond to policyholder inquiries and
18complaints. The department shall be staffed by an employee or
19employees generally knowledgeable in the affairs and
20operations of the company. The department shall be located in
21either the home, regional, or branch office of the company and
22must, during regular business hours, either maintain a toll
23free telephone number or permit policyholders to call a
24designated telephone number at the company's expense. The
25telephone numbers shall be made available to policyholders in

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1accordance with Section 143c 143(c).
2    (b) The customer affairs and information department shall
3provide information and services that may reasonably be
4requested by policyholders who are residents of this State and
5must respond promptly to complaints made by policyholder.
6Companies must provide a written response to written inquiries
7and complaints within 21 days of receipt.
8    (c) Records of the customer affairs and information
9department shall be maintained in compliance with Department
10of Insurance regulations.
11(Source: P.A. 86-1407.)
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
15not be entered into by any domestic company unless such
16agreements 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
23working days prior to the stated effective date of the
24agreement. An agreement which is not disapproved by the
25Director within 30 working thirty days after its complete    
26submission shall be deemed approved.

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1(Source: P.A. 98-969, eff. 1-1-15.)
2    (215 ILCS 5/194)    (from Ch. 73, par. 806)
3    Sec. 194. Rights and liabilities of creditors fixed upon
4liquidation.
5    (a) The rights and liabilities of the company and of its
6creditors, policyholders, stockholders or members and all
7other persons interested in its assets, except persons
8entitled to file contingent claims, shall be fixed as of the
9date of the entry of the Order directing liquidation or
10rehabilitation unless otherwise provided by Order of the
11Court. The rights of claimants entitled to file contingent
12claims or to have their claims estimated shall be determined
13as provided in Section 209.
14    (b) The Director may, within 2 years after the entry of an
15order for rehabilitation or liquidation or within such further
16time as applicable law permits, institute an action, claim,
17suit, or proceeding upon any cause of action against which the
18period of limitation fixed by applicable law has not expired
19at the time of filing of the complaint upon which the order is
20entered.
21    (c) The time between the filing of a complaint for
22conservation, rehabilitation, or liquidation against the
23company and the denial of the complaint shall not be
24considered to be a part of the time within which any action may
25be commenced against the company. Any action against the

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1company that might have been commenced when the complaint was
2filed may be commenced for at least 180 days after the
3complaint is denied.
4    (d) Notwithstanding subsection (a) of this Section,
5policies of life, disability income, long-term care, health
6insurance or annuities covered by a guaranty association, or
7portions of such policies covered by one or more guaranty
8associations under applicable law shall continue in force,
9subject to the terms of the policy (including any terms
10restructured pursuant to a court-approved rehabilitation plan)
11to the extent necessary to permit the guaranty associations to
12discharge their statutory obligations. Policies of life,
13disability income, long-term care, health insurance or
14annuities, or portions of such policies not covered by one or
15more guaranty associations shall terminate as provided under
16subsection (a) of this Section and paragraph (6) of Section
17193 of this Article, except to the extent the Director
18proposes and the court approves the use of property of the
19liquidation estate for the purpose of either (1) continuing
20the contracts or coverage by transferring them to an assuming
21reinsurer, or (2) distributing dividends under Section 210 of
22this Article. Claims incurred during the extension of coverage
23provided for in this Article shall be classified at priority
24level (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
3parents.
4    (a) A group or individual policy of accident and health
5insurance issued, amended, delivered, or renewed on or after
6January 1, 2026 that provides dependent coverage shall make
7that dependent coverage available to the parent or stepparent
8of the insured if the parent or stepparent meets the
9definition of a qualifying relative under 26 U.S.C. 152(d) and
10lives or resides within the accident and health insurance
11policy's service area.
12    (b) This Section does not apply to specialized health care
13service plans, Medicare supplement insurance, hospital-only
14policies, accident-only policies, or specified disease
15insurance policies that reimburse for hospital, medical, or
16surgical expenses.
17(Source: P.A. 103-700, eff. 1-1-25; revised 12-3-24.)
18    (215 ILCS 5/368d)
19    Sec. 368d. Recoupments.
20    (a) A health care professional or health care provider
21shall be provided a remittance advice, which must include an
22explanation of a recoupment or offset taken by an insurer,
23health maintenance organization, independent practice
24association, or physician hospital organization, if any. The
25recoupment explanation shall, at a minimum, include the name

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1of the patient; the date of service; the service code or if no
2service code is available a service description; the
3recoupment amount; and the reason for the recoupment or
4offset. In addition, an insurer, health maintenance
5organization, independent practice association, or physician
6hospital organization shall provide with the remittance
7advice, or with any demand for recoupment or offset, a
8telephone number or mailing address to initiate an appeal of
9the recoupment or offset together with the deadline for
10initiating an appeal. Such information shall be prominently
11displayed on the remittance advice or written document
12containing the demand for recoupment or offset. Any appeal of
13a recoupment or offset by a health care professional or health
14care provider must be made within 60 days after receipt of the
15remittance advice.
16    (b) It is not a recoupment when a health care professional
17or health care provider is paid an amount prospectively or
18concurrently under a contract with an insurer, health
19maintenance organization, independent practice association, or
20physician hospital organization that requires a retrospective
21reconciliation based upon specific conditions outlined in the
22contract.
23    (c) No recoupment or offset may be requested or withheld
24from future payments 12 months or more after the original
25payment 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.     
14No contract between an insurer and a health care professional
15or health care provider may provide for recoupments in
16violation of this Section. Nothing in this Section shall be
17construed to preclude insurers, health maintenance
18organizations, independent practice associations, or physician
19hospital organizations from resolving coordination of benefits
20between or among each other, including, but not limited to,
21resolution of workers' compensation and third-party liability
22cases, without recouping payment from the provider beyond the
2312-month 18-month time limit provided in this subsection (c).
24(Source: P.A. 102-632, eff. 1-1-22.)
25    (215 ILCS 5/370c.1)

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1    Sec. 370c.1. Mental, emotional, nervous, or substance use
2disorder or condition parity.
3    (a) On and after July 23, 2021 (the effective date of
4Public Act 102-135), every insurer that amends, delivers,
5issues, or renews a group or individual policy of accident and
6health insurance or a qualified health plan offered through
7the Health Insurance Marketplace in this State providing
8coverage for hospital or medical treatment and for the
9treatment of mental, emotional, nervous, or substance use
10disorders or conditions shall ensure prior to policy issuance
11that:
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
4aggregate 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
24limits:
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

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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
16substance use disorders or conditions, an insurer shall use
17policies and procedures for the election and placement of
18mental, emotional, nervous, or substance use disorder or
19condition treatment drugs on their formulary that are no less
20favorable to the insured as those policies and procedures the
21insurer uses for the selection and placement of drugs for
22medical or surgical conditions and shall follow the expedited
23coverage determination requirements for substance abuse
24treatment drugs set forth in Section 45.2 of the Managed Care
25Reform and Patient Rights Act.
26    (e) This Section shall be interpreted in a manner

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1consistent with all applicable federal parity regulations
2including, but not limited to, the Paul Wellstone and Pete
3Domenici Mental Health Parity and Addiction Equity Act of
42008, final regulations issued under the Paul Wellstone and
5Pete Domenici Mental Health Parity and Addiction Equity Act of
62008 and final regulations applying the Paul Wellstone and
7Pete Domenici Mental Health Parity and Addiction Equity Act of
82008 to Medicaid managed care organizations, the Children's
9Health Insurance Program, and alternative benefit plans.
10    (f) The provisions of subsections (b) and (c) of this
11Section shall not be interpreted to allow the use of lifetime
12or annual limits otherwise prohibited by State or federal law.
13    (g) As used in this Section:
14    "Financial requirement" includes deductibles, copayments,
15coinsurance, and out-of-pocket maximums, but does not include
16an aggregate lifetime limit or an annual limit subject to
17subsections (b) and (c).
18    "Mental, emotional, nervous, or substance use disorder or
19condition" means a condition or disorder that involves a
20mental health condition or substance use disorder that falls
21under any of the diagnostic categories listed in the mental
22and behavioral disorders chapter of the current edition of the
23International Classification of Disease or that is listed in
24the most recent version of the Diagnostic and Statistical
25Manual of Mental Disorders.
26    "Treatment limitation" includes limits on benefits based

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1on the frequency of treatment, number of visits, days of
2coverage, days in a waiting period, or other similar limits on
3the scope or duration of treatment. "Treatment limitation"
4includes both quantitative treatment limitations, which are
5expressed numerically (such as 50 outpatient visits per year),
6and nonquantitative treatment limitations, which otherwise
7limit the scope or duration of treatment. A permanent
8exclusion of all benefits for a particular condition or
9disorder shall not be considered a treatment limitation.
10"Nonquantitative treatment" means those limitations as
11described under federal regulations (26 CFR 54.9812-1).
12"Nonquantitative treatment limitations" include, but are not
13limited to, those limitations described under federal
14regulations 26 CFR 54.9812-1, 29 CFR 2590.712, and 45 CFR
15146.136.
16    (h) The Department of Insurance shall implement the
17following 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

HB3800- 20 -LRB104 09780 BAB 19846 b
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

HB3800- 21 -LRB104 09780 BAB 19846 b
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

HB3800- 22 -LRB104 09780 BAB 19846 b
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

HB3800- 23 -LRB104 09780 BAB 19846 b
1 the Departments find appropriate, posting the report
2 on the Departments' websites.
3    (i) The Parity Advancement Fund is created as a special
4fund in the State treasury. Moneys from fines and penalties
5collected from insurers for violations of this Section shall
6be deposited into the Fund. Moneys deposited into the Fund for
7appropriation by the General Assembly to the Department shall
8be used for the purpose of providing financial support of the
9Consumer Education Campaign, parity compliance advocacy, and
10other initiatives that support parity implementation and
11enforcement on behalf of consumers.
12    (j) (Blank).
13    (j-5) The Department of Insurance shall collect the
14following 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,

HB3800- 24 -LRB104 09780 BAB 19846 b
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

HB3800- 25 -LRB104 09780 BAB 19846 b
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
15information collected under this subsection (j-5) to the
16General Assembly no later than April 30, 2024. Information
17regarding a specific insurance provider's contributions to the
18Department's report shall be exempt from disclosure under
19paragraph (t) of subsection (1) of Section 7 of the Freedom of
20Information Act. The aggregated information gathered by the
21Department shall not be exempt from disclosure under paragraph
22(t) of subsection (1) of Section 7 of the Freedom of
23Information Act.
24    (k) An insurer that amends, delivers, issues, or renews a
25group or individual policy of accident and health insurance or
26a qualified health plan offered through the health insurance

HB3800- 26 -LRB104 09780 BAB 19846 b
1marketplace in this State providing coverage for hospital or
2medical treatment and for the treatment of mental, emotional,
3nervous, or substance use disorders or conditions shall submit
4an annual report, the format and definitions for which will be
5determined by the Department and the Department of Healthcare
6and Family Services and posted on their respective websites,
7starting on September 1, 2023 and annually thereafter, that
8contains the following information separately for inpatient
9in-network benefits, inpatient out-of-network benefits,
10outpatient in-network benefits, outpatient out-of-network
11benefits, emergency care benefits, and prescription drug
12benefits in the case of accident and health insurance or
13qualified health plans, or inpatient, outpatient, emergency
14care, and prescription drug benefits in the case of medical
15assistance:
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

HB3800- 27 -LRB104 09780 BAB 19846 b
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

HB3800- 28 -LRB104 09780 BAB 19846 b
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

HB3800- 29 -LRB104 09780 BAB 19846 b
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
20group or individual policy of accident and health insurance or
21a qualified health plan offered through the health insurance
22marketplace in this State providing coverage for hospital or
23medical treatment and for the treatment of mental, emotional,
24nervous, or substance use disorders or conditions on or after
25January 1, 2019 (the effective date of Public Act 100-1024)
26shall, in advance of the plan year, make available to the

HB3800- 30 -LRB104 09780 BAB 19846 b
1Department or, with respect to medical assistance, the
2Department of Healthcare and Family Services and to all plan
3participants and beneficiaries the information required in
4subparagraphs (C) through (E) of paragraph (6) of subsection
5(k). For plan participants and medical assistance
6beneficiaries, the information required in subparagraphs (C)
7through (E) of paragraph (6) of subsection (k) shall be made
8available on a publicly available website whose web address is
9prominently displayed in plan and managed care organization
10informational and marketing materials.
11    (m) In conjunction with its compliance examination program
12conducted in accordance with the Illinois State Auditing Act,
13the Auditor General shall undertake a review of compliance by
14the Department and the Department of Healthcare and Family
15Services with Section 370c and this Section. Any findings
16resulting from the review conducted under this Section shall
17be included in the applicable State agency's compliance
18examination report. Each compliance examination report shall
19be issued in accordance with Section 3-14 of the Illinois
20State Auditing Act. A copy of each report shall also be
21delivered to the head of the applicable State agency and
22posted on the Auditor General's website.
23(Source: P.A. 102-135, eff. 7-23-21; 102-579, eff. 8-25-21;
24102-813, eff. 5-13-22; 103-94, eff. 1-1-24; 103-105, eff.
256-27-23; 103-605, eff. 7-1-24.)

HB3800- 31 -LRB104 09780 BAB 19846 b
1    (215 ILCS 5/1563)
2    Sec. 1563. Fees. The fees required by this Article are as
3follows:
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
14amended 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
18that are not in conflict with this Act shall apply to managed
19care dental plans and other persons subject to this Act. To the
20extent that any provision of this Act or rule under this Act
21would prevent the application of any standard or requirement
22under the Network Adequacy and Transparency Act to a plan that
23is subject to both statutes, the Network Adequacy and
24Transparency Act shall supersede this Act.    

HB3800- 32 -LRB104 09780 BAB 19846 b
1    (b) Solicitation of enrollees by a managed care entity
2granted a certificate of authority or its representatives
3shall not be construed to violate any provision of law
4relating to solicitation or advertising by health
5professionals.
6(Source: P.A. 91-355, eff. 1-1-00.)
7    Section 20. The Network Adequacy and Transparency Act is
8amended 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
13beneficiary has given express written consent to represent the
14beneficiary; a person authorized by law to provide substituted
15consent for a beneficiary; or the beneficiary's treating
16provider only when the beneficiary or his or her family member
17is unable to provide consent.
18    "Beneficiary" means an individual, an enrollee, an
19insured, a participant, or any other person entitled to
20reimbursement for covered expenses of or the discounting of
21provider fees for health care services under a program in
22which the beneficiary has an incentive to utilize the services
23of a provider that has entered into an agreement or
24arrangement with an insurer.

HB3800- 33 -LRB104 09780 BAB 19846 b
1    "Department" means the Department of Insurance.
2    "Director" means the Director of Insurance.
3    "Family caregiver" means a relative, partner, friend, or
4neighbor who has a significant relationship with the patient
5and administers or assists the patient with activities of
6daily living, instrumental activities of daily living, or
7other medical or nursing tasks for the quality and welfare of
8that patient.
9    "Insurer" means any entity that offers individual or group
10accident and health insurance, including, but not limited to,
11health maintenance organizations, preferred provider
12organizations, exclusive provider organizations, and other
13plan structures requiring network participation, excluding the
14medical assistance program under the Illinois Public Aid Code,
15the State employees group health insurance program, workers
16compensation insurance, and pharmacy benefit managers.
17    "Material change" means a significant reduction in the
18number of providers available in a network plan, including,
19but not limited to, a reduction of 10% or more in a specific
20type of providers, the removal of a major health system that
21causes a network to be significantly different from the
22network when the beneficiary purchased the network plan, or
23any change that would cause the network to no longer satisfy
24the requirements of this Act or the Department's rules for
25network adequacy and transparency.
26    "Network" means the group or groups of preferred providers

HB3800- 34 -LRB104 09780 BAB 19846 b
1providing services to a network plan.
2    "Network plan" means an individual or group policy of
3accident and health insurance that either requires a covered
4person to use or creates incentives, including financial
5incentives, for a covered person to use providers managed,
6owned, under contract with, or employed by the insurer.
7    "Ongoing course of treatment" means (1) treatment for a
8life-threatening condition, which is a disease or condition
9for which likelihood of death is probable unless the course of
10the disease or condition is interrupted; (2) treatment for a
11serious acute condition, defined as a disease or condition
12requiring complex ongoing care that the covered person is
13currently receiving, such as chemotherapy, radiation therapy,
14or post-operative visits; (3) a course of treatment for a
15health condition that a treating provider attests that
16discontinuing care by that provider would worsen the condition
17or interfere with anticipated outcomes; or (4) the third
18trimester of pregnancy through the post-partum period.
19    "Preferred provider" means any provider who has entered,
20either directly or indirectly, into an agreement with an
21employer or risk-bearing entity relating to health care
22services that may be rendered to beneficiaries under a network
23plan.
24    "Providers" means physicians licensed to practice medicine
25in all its branches, other health care professionals,
26hospitals, or other health care institutions that provide

HB3800- 35 -LRB104 09780 BAB 19846 b
1health care services.
2    "Short-term, limited-duration insurance" means any type of
3accident and health insurance offered or provided within this
4State pursuant to a group or individual policy or individual
5certificate by a company, regardless of the situs state of the
6delivery of the policy, that has an expiration date specified
7in the contract that is fewer than 365 days after the original
8effective date. Regardless of the duration of coverage,
9"short-term, limited-duration insurance" does not include
10excepted benefits or any student health insurance coverage.    
11    "Telehealth" has the meaning given to that term in Section
12356z.22 of the Illinois Insurance Code.
13    "Telemedicine" has the meaning given to that term in
14Section 49.5 of the Medical Practice Act of 1987.
15    "Tiered network" means a network that identifies and
16groups some or all types of provider and facilities into
17specific groups to which different provider reimbursement,
18covered person cost-sharing or provider access requirements,
19or any combination thereof, apply for the same services.
20    "Woman's principal health care provider" means a physician
21licensed to practice medicine in all of its branches
22specializing 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:

HB3800- 36 -LRB104 09780 BAB 19846 b
1    "Authorized representative" means a person to whom a
2beneficiary has given express written consent to represent the
3beneficiary; a person authorized by law to provide substituted
4consent for a beneficiary; or the beneficiary's treating
5provider only when the beneficiary or his or her family member
6is unable to provide consent.
7    "Beneficiary" means an individual, an enrollee, an
8insured, a participant, or any other person entitled to
9reimbursement for covered expenses of or the discounting of
10provider fees for health care services under a program in
11which the beneficiary has an incentive to utilize the services
12of a provider that has entered into an agreement or
13arrangement with an issuer.
14    "Department" means the Department of Insurance.
15    "Essential community provider" has the meaning ascribed to
16that term in 45 CFR 156.235.
17    "Excepted benefits" has the meaning ascribed to that term
18in 42 U.S.C. 300gg-91(c) and implementing regulations.
19"Excepted benefits" includes individual, group, or blanket
20coverage.
21    "Exchange" has the meaning ascribed to that term in 45 CFR
22155.20.
23    "Director" means the Director of Insurance.
24    "Family caregiver" means a relative, partner, friend, or
25neighbor who has a significant relationship with the patient
26and administers or assists the patient with activities of

HB3800- 37 -LRB104 09780 BAB 19846 b
1daily living, instrumental activities of daily living, or
2other medical or nursing tasks for the quality and welfare of
3that patient.
4    "Group health plan" has the meaning ascribed to that term
5in Section 5 of the Illinois Health Insurance Portability and
6Accountability Act.
7    "Health insurance coverage" has the meaning ascribed to
8that term in Section 5 of the Illinois Health Insurance
9Portability and Accountability Act. "Health insurance
10coverage" does not include any coverage or benefits under
11Medicare or under the medical assistance program established
12under Article V of the Illinois Public Aid Code.
13    "Issuer" means a "health insurance issuer" as defined in
14Section 5 of the Illinois Health Insurance Portability and
15Accountability Act.
16    "Material change" means a significant reduction in the
17number of providers available in a network plan, including,
18but not limited to, a reduction of 10% or more in a specific
19type of providers within any county, the removal of a major
20health system that causes a network to be significantly
21different within any county from the network when the
22beneficiary purchased the network plan, or any change that
23would cause the network to no longer satisfy the requirements
24of this Act or the Department's rules for network adequacy and
25transparency.
26    "Network" means the group or groups of preferred providers

HB3800- 38 -LRB104 09780 BAB 19846 b
1providing services to a network plan.
2    "Network plan" means an individual or group policy of
3health insurance coverage that either requires a covered
4person to use or creates incentives, including financial
5incentives, for a covered person to use providers managed,
6owned, under contract with, or employed by the issuer or by a
7third party contracted to arrange, contract for, or administer
8such provider-related incentives for the issuer.
9    "Ongoing course of treatment" means (1) treatment for a
10life-threatening condition, which is a disease or condition
11for which likelihood of death is probable unless the course of
12the disease or condition is interrupted; (2) treatment for a
13serious acute condition, defined as a disease or condition
14requiring complex ongoing care that the covered person is
15currently receiving, such as chemotherapy, radiation therapy,
16post-operative visits, or a serious and complex condition as
17defined under 42 U.S.C. 300gg-113(b)(2); (3) a course of
18treatment for a health condition that a treating provider
19attests that discontinuing care by that provider would worsen
20the condition or interfere with anticipated outcomes; (4) the
21third trimester of pregnancy through the post-partum period;
22(5) undergoing a course of institutional or inpatient care
23from the provider within the meaning of 42 U.S.C.
24300gg-113(b)(1)(B); (6) being scheduled to undergo nonelective
25surgery from the provider, including receipt of preoperative
26or postoperative care from such provider with respect to such

HB3800- 39 -LRB104 09780 BAB 19846 b
1a surgery; (7) being determined to be terminally ill, as
2determined under 42 U.S.C. 1395x(dd)(3)(A), and receiving
3treatment for such illness from such provider; or (8) any
4other treatment of a condition or disease that requires
5repeated health care services pursuant to a plan of treatment
6by a provider because of the potential for changes in the
7therapeutic regimen or because of the potential for a
8recurrence of symptoms.
9    "Preferred provider" means any provider who has entered,
10either directly or indirectly, into an agreement with an
11employer or risk-bearing entity relating to health care
12services that may be rendered to beneficiaries under a network
13plan.
14    "Providers" means physicians licensed to practice medicine
15in all its branches, other health care professionals,
16hospitals, or other health care institutions or facilities
17that provide health care services.
18    "Short-term, limited-duration insurance" means any type of
19accident and health insurance offered or provided within this
20State pursuant to a group or individual policy or individual
21certificate by a company, regardless of the situs state of the
22delivery of the policy, that has an expiration date specified
23in the contract that is fewer than 365 days after the original
24effective date. Regardless of the duration of coverage,
25"short-term, limited-duration insurance" does not include
26excepted benefits or any student health insurance coverage.

HB3800- 40 -LRB104 09780 BAB 19846 b
1    "Stand-alone dental plan" has the meaning ascribed to that
2term in 45 CFR 156.400.
3    "Telehealth" has the meaning given to that term in Section
4356z.22 of the Illinois Insurance Code.
5    "Telemedicine" has the meaning given to that term in
6Section 49.5 of the Medical Practice Act of 1987.
7    "Tiered network" means a network that identifies and
8groups some or all types of provider and facilities into
9specific groups to which different provider reimbursement,
10covered person cost-sharing or provider access requirements,
11or any combination thereof, apply for the same services.
12    "Woman's principal health care provider" means a physician
13licensed to practice medicine in all of its branches
14specializing in obstetrics, gynecology, or family practice.
15(Source: P.A. 102-92, eff. 7-9-21; 102-813, eff. 5-13-22;
16103-650, 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
20beneficiary has given express written consent to represent the
21beneficiary; a person authorized by law to provide substituted
22consent for a beneficiary; or the beneficiary's treating
23provider only when the beneficiary or his or her family member
24is unable to provide consent.
25    "Beneficiary" means an individual, an enrollee, an

HB3800- 41 -LRB104 09780 BAB 19846 b
1insured, a participant, or any other person entitled to
2reimbursement for covered expenses of or the discounting of
3provider fees for health care services under a program in
4which the beneficiary has an incentive to utilize the services
5of a provider that has entered into an agreement or
6arrangement 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
10neighbor who has a significant relationship with the patient
11and administers or assists the patient with activities of
12daily living, instrumental activities of daily living, or
13other medical or nursing tasks for the quality and welfare of
14that patient.
15    "Insurer" means any entity that offers individual or group
16accident and health insurance, including, but not limited to,
17health maintenance organizations, preferred provider
18organizations, exclusive provider organizations, and other
19plan structures requiring network participation, excluding the
20medical assistance program under the Illinois Public Aid Code,
21the State employees group health insurance program, workers
22compensation insurance, and pharmacy benefit managers.
23    "Material change" means a significant reduction in the
24number of providers available in a network plan, including,
25but not limited to, a reduction of 10% or more in a specific
26type of providers, the removal of a major health system that

HB3800- 42 -LRB104 09780 BAB 19846 b
1causes a network to be significantly different from the
2network when the beneficiary purchased the network plan, or
3any change that would cause the network to no longer satisfy
4the requirements of this Act or the Department's rules for
5network adequacy and transparency.
6    "Network" means the group or groups of preferred providers
7providing services to a network plan.
8    "Network plan" means an individual or group policy of
9accident and health insurance that either requires a covered
10person to use or creates incentives, including financial
11incentives, for a covered person to use providers managed,
12owned, under contract with, or employed by the insurer.
13    "Ongoing course of treatment" means (1) treatment for a
14life-threatening condition, which is a disease or condition
15for which likelihood of death is probable unless the course of
16the disease or condition is interrupted; (2) treatment for a
17serious acute condition, defined as a disease or condition
18requiring complex ongoing care that the covered person is
19currently receiving, such as chemotherapy, radiation therapy,
20or post-operative visits; (3) a course of treatment for a
21health condition that a treating provider attests that
22discontinuing care by that provider would worsen the condition
23or interfere with anticipated outcomes; or (4) the third
24trimester of pregnancy through the post-partum period.
25    "Preferred provider" means any provider who has entered,
26either directly or indirectly, into an agreement with an

HB3800- 43 -LRB104 09780 BAB 19846 b
1employer or risk-bearing entity relating to health care
2services that may be rendered to beneficiaries under a network
3plan.
4    "Providers" means physicians licensed to practice medicine
5in all its branches, other health care professionals,
6hospitals, or other health care institutions that provide
7health care services.
8    "Short-term, limited-duration insurance" means any type of
9accident and health insurance offered or provided within this
10State pursuant to a group or individual policy or individual
11certificate by a company, regardless of the situs state of the
12delivery of the policy, that has an expiration date specified
13in the contract that is fewer than 365 days after the original
14effective date. Regardless of the duration of coverage,
15"short-term, limited-duration insurance" does not include
16excepted benefits or any student health insurance coverage.    
17    "Telehealth" has the meaning given to that term in Section
18356z.22 of the Illinois Insurance Code.
19    "Telemedicine" has the meaning given to that term in
20Section 49.5 of the Medical Practice Act of 1987.
21    "Tiered network" means a network that identifies and
22groups some or all types of provider and facilities into
23specific groups to which different provider reimbursement,
24covered person cost-sharing or provider access requirements,
25or any combination thereof, apply for the same services.
26(Source: P.A. 102-92, eff. 7-9-21; 102-813, eff. 5-13-22;

HB3800- 44 -LRB104 09780 BAB 19846 b
1103-718, 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
5beneficiary has given express written consent to represent the
6beneficiary; a person authorized by law to provide substituted
7consent for a beneficiary; or the beneficiary's treating
8provider only when the beneficiary or his or her family member
9is unable to provide consent.
10    "Beneficiary" means an individual, an enrollee, an
11insured, a participant, or any other person entitled to
12reimbursement for covered expenses of or the discounting of
13provider fees for health care services under a program in
14which the beneficiary has an incentive to utilize the services
15of a provider that has entered into an agreement or
16arrangement 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
2042 U.S.C. 300gg-91(c).
21    "Family caregiver" means a relative, partner, friend, or
22neighbor who has a significant relationship with the patient
23and administers or assists the patient with activities of
24daily living, instrumental activities of daily living, or
25other medical or nursing tasks for the quality and welfare of

HB3800- 45 -LRB104 09780 BAB 19846 b
1that patient.
2    "Insurer" means any entity that offers individual or group
3accident and health insurance, including, but not limited to,
4health maintenance organizations, preferred provider
5organizations, exclusive provider organizations, and other
6plan structures requiring network participation, excluding the
7medical assistance program under the Illinois Public Aid Code,
8the State employees group health insurance program, workers
9compensation insurance, and pharmacy benefit managers.
10    "Material change" means a significant reduction in the
11number of providers available in a network plan, including,
12but not limited to, a reduction of 10% or more in a specific
13type of providers, the removal of a major health system that
14causes a network to be significantly different from the
15network when the beneficiary purchased the network plan, or
16any change that would cause the network to no longer satisfy
17the requirements of this Act or the Department's rules for
18network adequacy and transparency.
19    "Network" means the group or groups of preferred providers
20providing services to a network plan.
21    "Network plan" means an individual or group policy of
22accident and health insurance that either requires a covered
23person to use or creates incentives, including financial
24incentives, for a covered person to use providers managed,
25owned, under contract with, or employed by the insurer.
26    "Ongoing course of treatment" means (1) treatment for a

HB3800- 46 -LRB104 09780 BAB 19846 b
1life-threatening condition, which is a disease or condition
2for which likelihood of death is probable unless the course of
3the disease or condition is interrupted; (2) treatment for a
4serious acute condition, defined as a disease or condition
5requiring complex ongoing care that the covered person is
6currently receiving, such as chemotherapy, radiation therapy,
7or post-operative visits; (3) a course of treatment for a
8health condition that a treating provider attests that
9discontinuing care by that provider would worsen the condition
10or interfere with anticipated outcomes; or (4) the third
11trimester of pregnancy through the post-partum period.
12    "Preferred provider" means any provider who has entered,
13either directly or indirectly, into an agreement with an
14employer or risk-bearing entity relating to health care
15services that may be rendered to beneficiaries under a network
16plan.
17    "Providers" means physicians licensed to practice medicine
18in all its branches, other health care professionals,
19hospitals, or other health care institutions that provide
20health care services.
21    "Short-term, limited-duration health insurance coverage"
22means any type of accident and health insurance offered or
23provided within this State pursuant to a group or individual
24policy or individual certificate by a company, regardless of
25the situs state of the delivery of the policy, that has an
26expiration date specified in the contract that is fewer than

HB3800- 47 -LRB104 09780 BAB 19846 b
1365 days after the original effective date. Regardless of the
2duration of coverage, "short-term, limited-duration insurance"
3does not include excepted benefits or any student health
4insurance coverage. has the meaning given to that term in
5Section 5 of the Short-Term, Limited-Duration Health Insurance
6Coverage Act.    
7    "Stand-alone dental plan" has the meaning given to that
8term in 45 CFR 156.400.
9    "Telehealth" has the meaning given to that term in Section
10356z.22 of the Illinois Insurance Code.
11    "Telemedicine" has the meaning given to that term in
12Section 49.5 of the Medical Practice Act of 1987.
13    "Tiered network" means a network that identifies and
14groups some or all types of provider and facilities into
15specific groups to which different provider reimbursement,
16covered person cost-sharing or provider access requirements,
17or any combination thereof, apply for the same services.
18    "Woman's principal health care provider" means a physician
19licensed to practice medicine in all of its branches
20specializing in obstetrics, gynecology, or family practice.
21(Source: P.A. 102-92, eff. 7-9-21; 102-813, eff. 5-13-22;
22103-777, eff. 1-1-25.)
23    (215 ILCS 124/10)
24    (Text of Section from P.A. 103-650)
25    Sec. 10. Network adequacy.

HB3800- 48 -LRB104 09780 BAB 19846 b
1    (a) Before issuing, delivering, or renewing a network
2plan, an issuer providing a network plan shall file a
3description 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
16discussing any specific or all treatment options with
17beneficiaries irrespective of the insurer's position on those
18treatment options or from advocating on behalf of
19beneficiaries within the utilization review, grievance, or
20appeals processes established by the issuer in accordance with
21any rights or remedies available under applicable State or
22federal law.
23    (b) Before issuing, delivering, or renewing a network
24plan, an issuer must file for review a description of the
25services to be offered through a network plan. The description
26shall include all of the following:

HB3800- 49 -LRB104 09780 BAB 19846 b
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;

HB3800- 50 -LRB104 09780 BAB 19846 b
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,

HB3800- 51 -LRB104 09780 BAB 19846 b
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.

HB3800- 52 -LRB104 09780 BAB 19846 b
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
9ratio of providers to plan beneficiaries as required by the
10Department 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;

HB3800- 53 -LRB104 09780 BAB 19846 b
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

HB3800- 54 -LRB104 09780 BAB 19846 b
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
20maximum travel and distance standards and appointment wait
21time standards for plan beneficiaries, which shall be
22established by the Department in consultation with the
23Department of Public Health based upon the guidance from the
24federal Centers for Medicare and Medicaid Services. These
25standards shall consist of the maximum minutes or miles to be
26traveled by a plan beneficiary for each county type, such as

HB3800- 55 -LRB104 09780 BAB 19846 b
1large counties, metro counties, or rural counties as defined
2by Department rule.
3    The maximum travel time and distance standards must
4include standards for each physician and other provider
5category listed for which ratios have been established.
6    The Director shall establish a process for the review of
7the adequacy of these standards along with an assessment of
8additional specialties to be included in the list under this
9subsection (d).
10    Notwithstanding any other law or Department rule, the
11maximum travel time and distance standards and appointment
12wait time standards shall be no greater than any such
13standards established for qualified health plans in
14Federally-Facilitated Exchanges by federal law or by the
15federal Centers for Medicare and Medicaid Services, even if
16the network plan is issued in the large group market or is
17otherwise not issued through an exchange. Federal standards
18for stand-alone dental plans shall only apply to such network
19plans. In the absence of an applicable Department rule, the
20federal standards shall apply for the time period specified in
21the federal law, regulation, or guidance. If the Centers for
22Medicare and Medicaid Services establish standards that are
23more stringent than the standards in effect under any
24Department rule, the Department may amend its rules to conform
25to the more stringent federal standards.
26    If the federal area designations for the maximum time or

HB3800- 56 -LRB104 09780 BAB 19846 b
1distance or appointment wait time standards required are
2changed by the most recent Letter to Issuers in the
3Federally-facilitated Marketplaces, the Department shall post
4on its website notice of such changes and may amend its rules
5to conform to those designations if the Director deems
6appropriate.
7    (d-5)(1) Every issuer shall ensure that beneficiaries have
8timely and proximate access to treatment for mental,
9emotional, nervous, or substance use disorders or conditions
10in accordance with the provisions of paragraph (4) of
11subsection (a) of Section 370c of the Illinois Insurance Code.
12Issuers shall use a comparable process, strategy, evidentiary
13standard, and other factors in the development and application
14of the network adequacy standards for timely and proximate
15access to treatment for mental, emotional, nervous, or
16substance use disorders or conditions and those for the access
17to treatment for medical and surgical conditions. As such, the
18network adequacy standards for timely and proximate access
19shall equally be applied to treatment facilities and providers
20for mental, emotional, nervous, or substance use disorders or
21conditions and specialists providing medical or surgical
22benefits pursuant to the parity requirements of Section 370c.1
23of the Illinois Insurance Code and the federal Paul Wellstone
24and Pete Domenici Mental Health Parity and Addiction Equity
25Act of 2008. Notwithstanding the foregoing, the network
26adequacy standards for timely and proximate access to

HB3800- 57 -LRB104 09780 BAB 19846 b
1treatment for mental, emotional, nervous, or substance use
2disorders or conditions shall, at a minimum, satisfy the
3following 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

HB3800- 58 -LRB104 09780 BAB 19846 b
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,
22network adequacy standards for timely and proximate access to
23treatment for mental, emotional, nervous, or substance use
24disorders or conditions means a beneficiary shall not have to
25travel longer than 60 minutes or 60 miles from the
26beneficiary's residence to receive inpatient or residential

HB3800- 59 -LRB104 09780 BAB 19846 b
1treatment for mental, emotional, nervous, or substance use
2disorders or conditions.
3    (3) If there is no in-network facility or provider
4available for a beneficiary to receive timely and proximate
5access to treatment for mental, emotional, nervous, or
6substance use disorders or conditions in accordance with the
7network adequacy standards outlined in this subsection, the
8issuer shall provide necessary exceptions to its network to
9ensure admission and treatment with a provider or at a
10treatment facility in accordance with the network adequacy
11standards in this subsection.
12    (4) If the federal Centers for Medicare and Medicaid
13Services establishes or law requires more stringent standards
14for qualified health plans in the Federally-Facilitated
15Exchanges, the federal standards shall control for all network
16plans for the time period specified in the federal law,
17regulation, or guidance, even if the network plan is issued in
18the large group market, is issued through a different type of
19Exchange, or is otherwise not issued through an Exchange.
20    (e) Except for network plans solely offered as a group
21health plan, these ratio and time and distance standards apply
22to the lowest cost-sharing tier of any tiered network.
23    (f) The network plan may consider use of other health care
24service delivery options, such as telemedicine or telehealth,
25mobile clinics, and centers of excellence, or other ways of
26delivering care to partially meet the requirements set under

HB3800- 60 -LRB104 09780 BAB 19846 b
1this Section.
2    (g) Except for the requirements set forth in subsection
3(d-5), insurers issuers who are not able to comply with the
4provider ratios, and time and distance standards, and or    
5appointment wait-time wait time standards established under
6this Act or federal law may request an exception to these
7requirements from the Department. The Department may grant an
8exception 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.

HB3800- 61 -LRB104 09780 BAB 19846 b
1    (h) Issuers are required to report to the Director any
2material change to an approved network plan within 15 business
3days after the change occurs and any change that would result
4in failure to meet the requirements of this Act. The issuer
5shall submit a revised version of the portions of the network
6adequacy filing affected by the material change, as determined
7by the Director by rule, and the issuer shall attach versions
8with the changes indicated for each document that was revised
9from the previous version of the filing. Upon notice from the
10issuer, the Director shall reevaluate the network plan's
11compliance with the network adequacy and transparency
12standards of this Act. For every day past 15 business days that
13the issuer fails to submit a revised network adequacy filing
14to the Director, the Director may order a fine of $5,000 per
15day.
16    (i) If a network plan is inadequate under this Act with
17respect to a provider type in a county, and if the network plan
18does not have an approved exception for that provider type in
19that county pursuant to subsection (g), an issuer shall cover
20out-of-network claims for covered health care services
21received from that provider type within that county at the
22in-network benefit level and shall retroactively adjudicate
23and reimburse beneficiaries to achieve that objective if their
24claims were processed at the out-of-network level contrary to
25this subsection. Nothing in this subsection shall be construed
26to supersede Section 356z.3a of the Illinois Insurance Code.

HB3800- 62 -LRB104 09780 BAB 19846 b
1    (j) If the Director determines that a network is
2inadequate in any county and no exception has been granted
3under subsection (g) and the issuer does not have a process in
4place to comply with subsection (d-5), the Director may
5prohibit the network plan from being issued or renewed within
6that county until the Director determines that the network is
7adequate apart from processes and exceptions described in
8subsections (d-5) and (g). Nothing in this subsection shall be
9construed to terminate any beneficiary's health insurance
10coverage under a network plan before the expiration of the
11beneficiary's policy period if the Director makes a
12determination under this subsection after the issuance or
13renewal of the beneficiary's policy or certificate because of
14a material change. Policies or certificates issued or renewed
15in violation of this subsection may subject the issuer to a
16civil penalty of $5,000 per policy.
17    (k) For the Department to enforce any new or modified
18federal standard before the Department adopts the standard by
19rule, the Department must, no later than May 15 before the
20start of the plan year, give public notice to the affected
21health insurance issuers through a bulletin.
22(Source: P.A. 102-144, eff. 1-1-22; 102-901, eff. 7-1-22;
23102-1117, eff. 1-13-23; 103-650, eff. 1-1-25.)
24    (Text of Section from P.A. 103-656)
25    Sec. 10. Network adequacy.

HB3800- 63 -LRB104 09780 BAB 19846 b
1    (a) An insurer providing a network plan shall file a
2description 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
15discussing any specific or all treatment options with
16beneficiaries irrespective of the insurer's position on those
17treatment options or from advocating on behalf of
18beneficiaries within the utilization review, grievance, or
19appeals processes established by the insurer in accordance
20with any rights or remedies available under applicable State
21or federal law.
22    (b) Insurers must file for review a description of the
23services to be offered through a network plan. The description
24shall 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

HB3800- 64 -LRB104 09780 BAB 19846 b
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

HB3800- 65 -LRB104 09780 BAB 19846 b
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

HB3800- 66 -LRB104 09780 BAB 19846 b
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
24minimum ratio of providers to plan beneficiaries as required
25by the Department.
26        (1) The ratio of physicians or other providers to plan

HB3800- 67 -LRB104 09780 BAB 19846 b
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;

HB3800- 68 -LRB104 09780 BAB 19846 b
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
17maximum travel and distance standards for plan beneficiaries,
18which shall be established annually by the Department in
19consultation with the Department of Public Health based upon
20the guidance from the federal Centers for Medicare and
21Medicaid Services. These standards shall consist of the
22maximum minutes or miles to be traveled by a plan beneficiary
23for each county type, such as large counties, metro counties,
24or rural counties as defined by Department rule.
25    The maximum travel time and distance standards must
26include standards for each physician and other provider

HB3800- 69 -LRB104 09780 BAB 19846 b
1category listed for which ratios have been established.
2    The Director shall establish a process for the review of
3the adequacy of these standards along with an assessment of
4additional specialties to be included in the list under this
5subsection (d).
6    (d-5)(1) Every insurer shall ensure that beneficiaries
7have timely and proximate access to treatment for mental,
8emotional, nervous, or substance use disorders or conditions
9in accordance with the provisions of paragraph (4) of
10subsection (a) of Section 370c of the Illinois Insurance Code.
11Insurers shall use a comparable process, strategy, evidentiary
12standard, and other factors in the development and application
13of the network adequacy standards for timely and proximate
14access to treatment for mental, emotional, nervous, or
15substance use disorders or conditions and those for the access
16to treatment for medical and surgical conditions. As such, the
17network adequacy standards for timely and proximate access
18shall equally be applied to treatment facilities and providers
19for mental, emotional, nervous, or substance use disorders or
20conditions and specialists providing medical or surgical
21benefits pursuant to the parity requirements of Section 370c.1
22of the Illinois Insurance Code and the federal Paul Wellstone
23and Pete Domenici Mental Health Parity and Addiction Equity
24Act of 2008. Notwithstanding the foregoing, the network
25adequacy standards for timely and proximate access to
26treatment for mental, emotional, nervous, or substance use

HB3800- 70 -LRB104 09780 BAB 19846 b
1disorders or conditions shall, at a minimum, satisfy the
2following 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

HB3800- 71 -LRB104 09780 BAB 19846 b
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,
21network adequacy standards for timely and proximate access to
22treatment for mental, emotional, nervous, or substance use
23disorders or conditions means a beneficiary shall not have to
24travel longer than 60 minutes or 60 miles from the
25beneficiary's residence to receive inpatient or residential
26treatment for mental, emotional, nervous, or substance use

HB3800- 72 -LRB104 09780 BAB 19846 b
1disorders or conditions.
2    (3) If there is no in-network facility or provider
3available for a beneficiary to receive timely and proximate
4access to treatment for mental, emotional, nervous, or
5substance use disorders or conditions in accordance with the
6network adequacy standards outlined in this subsection, the
7insurer shall provide necessary exceptions to its network to
8ensure admission and treatment with a provider or at a
9treatment facility in accordance with the network adequacy
10standards in this subsection.
11    (e) Except for network plans solely offered as a group
12health plan, these ratio and time and distance standards apply
13to the lowest cost-sharing tier of any tiered network.
14    (f) The network plan may consider use of other health care
15service delivery options, such as telemedicine or telehealth,
16mobile clinics, and centers of excellence, or other ways of
17delivering care to partially meet the requirements set under
18this Section.
19    (g) Except for the requirements set forth in subsection
20(d-5), insurers who are not able to comply with the provider
21ratios, and time and distance standards, and appointment
22wait-time standards established under this Act or federal law    
23by the Department may request an exception to these
24requirements from the Department. The Department may grant an
25exception in the following circumstances:
26        (1) if no providers or facilities meet the specific

HB3800- 73 -LRB104 09780 BAB 19846 b
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
19material change to an approved network plan within 15 days
20after the change occurs and any change that would result in
21failure to meet the requirements of this Act. Upon notice from
22the insurer, the Director shall reevaluate the network plan's
23compliance with the network adequacy and transparency
24standards of this Act.
25(Source: P.A. 102-144, eff. 1-1-22; 102-901, eff. 7-1-22;
26102-1117, eff. 1-13-23; 103-656, eff. 1-1-25.)

HB3800- 74 -LRB104 09780 BAB 19846 b
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
4description 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
18discussing any specific or all treatment options with
19beneficiaries irrespective of the insurer's position on those
20treatment options or from advocating on behalf of
21beneficiaries within the utilization review, grievance, or
22appeals processes established by the insurer in accordance
23with any rights or remedies available under applicable State
24or federal law.
25    (b) Insurers must file for review a description of the

HB3800- 75 -LRB104 09780 BAB 19846 b
1services to be offered through a network plan. The description
2shall 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

HB3800- 76 -LRB104 09780 BAB 19846 b
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

HB3800- 77 -LRB104 09780 BAB 19846 b
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

HB3800- 78 -LRB104 09780 BAB 19846 b
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
4minimum ratio of providers to plan beneficiaries as required
5by 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;

HB3800- 79 -LRB104 09780 BAB 19846 b
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
23maximum travel and distance standards for plan beneficiaries,
24which shall be established annually by the Department in
25consultation with the Department of Public Health based upon
26the guidance from the federal Centers for Medicare and

HB3800- 80 -LRB104 09780 BAB 19846 b
1Medicaid Services. These standards shall consist of the
2maximum minutes or miles to be traveled by a plan beneficiary
3for each county type, such as large counties, metro counties,
4or rural counties as defined by Department rule.
5    The maximum travel time and distance standards must
6include standards for each physician and other provider
7category listed for which ratios have been established.
8    The Director shall establish a process for the review of
9the adequacy of these standards along with an assessment of
10additional specialties to be included in the list under this
11subsection (d).
12    (d-5)(1) Every insurer shall ensure that beneficiaries
13have timely and proximate access to treatment for mental,
14emotional, nervous, or substance use disorders or conditions
15in accordance with the provisions of paragraph (4) of
16subsection (a) of Section 370c of the Illinois Insurance Code.
17Insurers shall use a comparable process, strategy, evidentiary
18standard, and other factors in the development and application
19of the network adequacy standards for timely and proximate
20access to treatment for mental, emotional, nervous, or
21substance use disorders or conditions and those for the access
22to treatment for medical and surgical conditions. As such, the
23network adequacy standards for timely and proximate access
24shall equally be applied to treatment facilities and providers
25for mental, emotional, nervous, or substance use disorders or
26conditions and specialists providing medical or surgical

HB3800- 81 -LRB104 09780 BAB 19846 b
1benefits pursuant to the parity requirements of Section 370c.1
2of the Illinois Insurance Code and the federal Paul Wellstone
3and Pete Domenici Mental Health Parity and Addiction Equity
4Act of 2008. Notwithstanding the foregoing, the network
5adequacy standards for timely and proximate access to
6treatment for mental, emotional, nervous, or substance use
7disorders or conditions shall, at a minimum, satisfy the
8following 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

HB3800- 82 -LRB104 09780 BAB 19846 b
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,

HB3800- 83 -LRB104 09780 BAB 19846 b
1network adequacy standards for timely and proximate access to
2treatment for mental, emotional, nervous, or substance use
3disorders or conditions means a beneficiary shall not have to
4travel longer than 60 minutes or 60 miles from the
5beneficiary's residence to receive inpatient or residential
6treatment for mental, emotional, nervous, or substance use
7disorders or conditions.
8    (3) If there is no in-network facility or provider
9available for a beneficiary to receive timely and proximate
10access to treatment for mental, emotional, nervous, or
11substance use disorders or conditions in accordance with the
12network adequacy standards outlined in this subsection, the
13insurer shall provide necessary exceptions to its network to
14ensure admission and treatment with a provider or at a
15treatment facility in accordance with the network adequacy
16standards in this subsection.
17    (e) Except for network plans solely offered as a group
18health plan, these ratio and time and distance standards apply
19to the lowest cost-sharing tier of any tiered network.
20    (f) The network plan may consider use of other health care
21service delivery options, such as telemedicine or telehealth,
22mobile clinics, and centers of excellence, or other ways of
23delivering care to partially meet the requirements set under
24this Section.
25    (g) Except for the requirements set forth in subsection
26(d-5), insurers who are not able to comply with the provider

HB3800- 84 -LRB104 09780 BAB 19846 b
1ratios, and time and distance standards, and appointment
2wait-time standards established under this Act or federal law    
3by the Department may request an exception to these
4requirements from the Department. The Department may grant an
5exception 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
25material change to an approved network plan within 15 days
26after the change occurs and any change that would result in

HB3800- 85 -LRB104 09780 BAB 19846 b
1failure to meet the requirements of this Act. Upon notice from
2the insurer, the Director shall reevaluate the network plan's
3compliance with the network adequacy and transparency
4standards of this Act.
5(Source: P.A. 102-144, eff. 1-1-22; 102-901, eff. 7-1-22;
6102-1117, 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
10description 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
23discussing any specific or all treatment options with
24beneficiaries irrespective of the insurer's position on those
25treatment options or from advocating on behalf of

HB3800- 86 -LRB104 09780 BAB 19846 b
1beneficiaries within the utilization review, grievance, or
2appeals processes established by the insurer in accordance
3with any rights or remedies available under applicable State
4or federal law.
5    (b) Insurers must file for review a description of the
6services to be offered through a network plan. The description
7shall 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

HB3800- 87 -LRB104 09780 BAB 19846 b
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

HB3800- 88 -LRB104 09780 BAB 19846 b
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

HB3800- 89 -LRB104 09780 BAB 19846 b
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
9minimum ratio of providers to plan beneficiaries as required
10by 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;

HB3800- 90 -LRB104 09780 BAB 19846 b
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

HB3800- 91 -LRB104 09780 BAB 19846 b
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
10maximum travel and distance standards for plan beneficiaries,
11which shall be established annually by the Department in
12consultation with the Department of Public Health based upon
13the guidance from the federal Centers for Medicare and
14Medicaid Services. These standards shall consist of the
15maximum minutes or miles to be traveled by a plan beneficiary
16for each county type, such as large counties, metro counties,
17or rural counties as defined by Department rule.
18    The maximum travel time and distance standards must
19include standards for each physician and other provider
20category listed for which ratios have been established.
21    The Director shall establish a process for the review of
22the adequacy of these standards along with an assessment of
23additional specialties to be included in the list under this
24subsection (d).
25    If the federal Centers for Medicare and Medicaid Services
26establishes appointment wait-time standards for qualified

HB3800- 92 -LRB104 09780 BAB 19846 b
1health plans, including stand-alone dental plans, in the type
2of exchange in use in this State for a given plan year, the
3Department shall enforce those standards for the same types of
4qualified health plans for that plan year. If the federal
5Centers for Medicare and Medicaid Services establishes time
6and distance standards for stand-alone dental plans in the
7type of exchange in use in this State for a given plan year,
8the Department shall enforce those standards for stand-alone
9dental plans for that plan year.
10    (d-5)(1) Every insurer shall ensure that beneficiaries
11have timely and proximate access to treatment for mental,
12emotional, nervous, or substance use disorders or conditions
13in accordance with the provisions of paragraph (4) of
14subsection (a) of Section 370c of the Illinois Insurance Code.
15Insurers shall use a comparable process, strategy, evidentiary
16standard, and other factors in the development and application
17of the network adequacy standards for timely and proximate
18access to treatment for mental, emotional, nervous, or
19substance use disorders or conditions and those for the access
20to treatment for medical and surgical conditions. As such, the
21network adequacy standards for timely and proximate access
22shall equally be applied to treatment facilities and providers
23for mental, emotional, nervous, or substance use disorders or
24conditions and specialists providing medical or surgical
25benefits pursuant to the parity requirements of Section 370c.1
26of the Illinois Insurance Code and the federal Paul Wellstone

HB3800- 93 -LRB104 09780 BAB 19846 b
1and Pete Domenici Mental Health Parity and Addiction Equity
2Act of 2008. Notwithstanding the foregoing, the network
3adequacy standards for timely and proximate access to
4treatment for mental, emotional, nervous, or substance use
5disorders or conditions shall, at a minimum, satisfy the
6following 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

HB3800- 94 -LRB104 09780 BAB 19846 b
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,
25network adequacy standards for timely and proximate access to
26treatment for mental, emotional, nervous, or substance use

HB3800- 95 -LRB104 09780 BAB 19846 b
1disorders or conditions means a beneficiary shall not have to
2travel longer than 60 minutes or 60 miles from the
3beneficiary's residence to receive inpatient or residential
4treatment for mental, emotional, nervous, or substance use
5disorders or conditions.
6    (3) If there is no in-network facility or provider
7available for a beneficiary to receive timely and proximate
8access to treatment for mental, emotional, nervous, or
9substance use disorders or conditions in accordance with the
10network adequacy standards outlined in this subsection, the
11insurer shall provide necessary exceptions to its network to
12ensure admission and treatment with a provider or at a
13treatment facility in accordance with the network adequacy
14standards in this subsection.
15    (4) If the federal Centers for Medicare and Medicaid
16Services establishes a more stringent standard in any county
17than specified in paragraph (1) or (2) of this subsection
18(d-5) for qualified health plans in the type of exchange in use
19in this State for a given plan year, the federal standard shall
20apply in lieu of the standard in paragraph (1) or (2) of this
21subsection (d-5) for qualified health plans for that plan
22year.
23    (e) Except for network plans solely offered as a group
24health plan, these ratio and time and distance standards apply
25to the lowest cost-sharing tier of any tiered network.
26    (f) The network plan may consider use of other health care

HB3800- 96 -LRB104 09780 BAB 19846 b
1service delivery options, such as telemedicine or telehealth,
2mobile clinics, and centers of excellence, or other ways of
3delivering care to partially meet the requirements set under
4this Section.
5    (g) Except for the requirements set forth in subsection
6(d-5), insurers who are not able to comply with the provider
7ratios, time and distance standards, and appointment wait-time
8standards established under this Act or federal law may
9request an exception to these requirements from the
10Department. The Department may grant an exception in the
11following 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

HB3800- 97 -LRB104 09780 BAB 19846 b
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
5material change to an approved network plan within 15 days
6after the change occurs and any change that would result in
7failure to meet the requirements of this Act. Upon notice from
8the insurer, the Director shall reevaluate the network plan's
9compliance with the network adequacy and transparency
10standards of this Act.
11(Source: P.A. 102-144, eff. 1-1-22; 102-901, eff. 7-1-22;
12102-1117, 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
16description 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

HB3800- 98 -LRB104 09780 BAB 19846 b
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
4discussing any specific or all treatment options with
5beneficiaries irrespective of the insurer's position on those
6treatment options or from advocating on behalf of
7beneficiaries within the utilization review, grievance, or
8appeals processes established by the insurer in accordance
9with any rights or remedies available under applicable State
10or federal law.
11    (b) Insurers must file for review a description of the
12services to be offered through a network plan. The description
13shall 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

HB3800- 99 -LRB104 09780 BAB 19846 b
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

HB3800- 100 -LRB104 09780 BAB 19846 b
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

HB3800- 101 -LRB104 09780 BAB 19846 b
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
15minimum ratio of providers to plan beneficiaries as required
16by 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;

HB3800- 102 -LRB104 09780 BAB 19846 b
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;

HB3800- 103 -LRB104 09780 BAB 19846 b
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
16maximum travel and distance standards for plan beneficiaries,
17which shall be established annually by the Department in
18consultation with the Department of Public Health based upon
19the guidance from the federal Centers for Medicare and
20Medicaid Services. These standards shall consist of the
21maximum minutes or miles to be traveled by a plan beneficiary
22for each county type, such as large counties, metro counties,
23or rural counties as defined by Department rule.
24    The maximum travel time and distance standards must
25include standards for each physician and other provider
26category listed for which ratios have been established.

HB3800- 104 -LRB104 09780 BAB 19846 b
1    The Director shall establish a process for the review of
2the adequacy of these standards along with an assessment of
3additional specialties to be included in the list under this
4subsection (d).
5    (d-5)(1) Every insurer shall ensure that beneficiaries
6have timely and proximate access to treatment for mental,
7emotional, nervous, or substance use disorders or conditions
8in accordance with the provisions of paragraph (4) of
9subsection (a) of Section 370c of the Illinois Insurance Code.
10Insurers shall use a comparable process, strategy, evidentiary
11standard, and other factors in the development and application
12of the network adequacy standards for timely and proximate
13access to treatment for mental, emotional, nervous, or
14substance use disorders or conditions and those for the access
15to treatment for medical and surgical conditions. As such, the
16network adequacy standards for timely and proximate access
17shall equally be applied to treatment facilities and providers
18for mental, emotional, nervous, or substance use disorders or
19conditions and specialists providing medical or surgical
20benefits pursuant to the parity requirements of Section 370c.1
21of the Illinois Insurance Code and the federal Paul Wellstone
22and Pete Domenici Mental Health Parity and Addiction Equity
23Act of 2008. Notwithstanding the foregoing, the network
24adequacy standards for timely and proximate access to
25treatment for mental, emotional, nervous, or substance use
26disorders or conditions shall, at a minimum, satisfy the

HB3800- 105 -LRB104 09780 BAB 19846 b
1following 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,

HB3800- 106 -LRB104 09780 BAB 19846 b
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,
20network adequacy standards for timely and proximate access to
21treatment for mental, emotional, nervous, or substance use
22disorders or conditions means a beneficiary shall not have to
23travel longer than 60 minutes or 60 miles from the
24beneficiary's residence to receive inpatient or residential
25treatment for mental, emotional, nervous, or substance use
26disorders or conditions.

HB3800- 107 -LRB104 09780 BAB 19846 b
1    (3) If there is no in-network facility or provider
2available for a beneficiary to receive timely and proximate
3access to treatment for mental, emotional, nervous, or
4substance use disorders or conditions in accordance with the
5network adequacy standards outlined in this subsection, the
6insurer shall provide necessary exceptions to its network to
7ensure admission and treatment with a provider or at a
8treatment facility in accordance with the network adequacy
9standards in this subsection.
10    (e) Except for network plans solely offered as a group
11health plan, these ratio and time and distance standards apply
12to the lowest cost-sharing tier of any tiered network.
13    (f) The network plan may consider use of other health care
14service delivery options, such as telemedicine or telehealth,
15mobile clinics, and centers of excellence, or other ways of
16delivering care to partially meet the requirements set under
17this Section.
18    (g) Except for the requirements set forth in subsection
19(d-5), insurers who are not able to comply with the provider
20ratios, and time and distance standards, and appointment
21wait-time standards established under this Act or federal law    
22by the Department may request an exception to these
23requirements from the Department. The Department may grant an
24exception 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

HB3800- 108 -LRB104 09780 BAB 19846 b
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
18material change to an approved network plan within 15 days
19after the change occurs and any change that would result in
20failure to meet the requirements of this Act. Upon notice from
21the insurer, the Director shall reevaluate the network plan's
22compliance with the network adequacy and transparency
23standards of this Act.
24(Source: P.A. 102-144, eff. 1-1-22; 102-901, eff. 7-1-22;
25102-1117, eff. 1-13-23; 103-906, eff. 1-1-25.)

HB3800- 109 -LRB104 09780 BAB 19846 b
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
5up-to-date, accurate, and complete provider directory for each
6of its network plans, with the information and search
7functions, 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

HB3800- 110 -LRB104 09780 BAB 19846 b
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

HB3800- 111 -LRB104 09780 BAB 19846 b
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
26available through an electronic provider directory the

HB3800- 112 -LRB104 09780 BAB 19846 b
1following 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

HB3800- 113 -LRB104 09780 BAB 19846 b
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
15network plan, a network plan shall make available all of the
16following information in addition to the searchable
17information 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
26print, upon request, the following provider directory

HB3800- 114 -LRB104 09780 BAB 19846 b
1information 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,

HB3800- 115 -LRB104 09780 BAB 19846 b
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
11print format provider directory that the information included
12in the directory is accurate as of the date of printing and
13that beneficiaries or prospective beneficiaries should consult
14the insurer's electronic provider directory on its website and
15contact the provider. The network plan shall also include a
16telephone number in the print format provider directory for a
17customer service representative where the beneficiary can
18obtain current provider directory information.
19    (f) The Director may conduct periodic audits of the
20accuracy of provider directories. A network plan shall not be
21subject to any fines or penalties for information required in
22this Section that a provider submits that is inaccurate or
23incomplete.
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)

HB3800- 116 -LRB104 09780 BAB 19846 b
1    Sec. 25. Network transparency.
2    (a) A network plan shall post electronically an
3up-to-date, accurate, and complete provider directory for each
4of its network plans, with the information and search
5functions, 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.

HB3800- 117 -LRB104 09780 BAB 19846 b
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

HB3800- 118 -LRB104 09780 BAB 19846 b
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

HB3800- 119 -LRB104 09780 BAB 19846 b
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
25available through an electronic provider directory the
26following information in a searchable format:

HB3800- 120 -LRB104 09780 BAB 19846 b
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

HB3800- 121 -LRB104 09780 BAB 19846 b
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

HB3800- 122 -LRB104 09780 BAB 19846 b
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
5network plan, a network plan shall make available all of the
6following information in addition to the searchable
7information 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
20print, upon request, the following provider directory
21information 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;

HB3800- 123 -LRB104 09780 BAB 19846 b
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;

HB3800- 124 -LRB104 09780 BAB 19846 b
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
15print format provider directory that the information included
16in the directory is accurate as of the date of printing and
17that beneficiaries or prospective beneficiaries should consult
18the issuer's electronic provider directory on its website and
19contact the provider. The network plan shall also include a
20telephone number and email address in the print format
21provider directory for a customer service representative where
22the beneficiary can obtain current provider directory
23information or report provider directory inaccuracies. The
24printed provider directory shall include a detailed
25description of the process to dispute charges for
26out-of-network providers, hospitals, or facilities that were

HB3800- 125 -LRB104 09780 BAB 19846 b
1incorrectly listed as in-network prior to the provision of
2care and a telephone number and email address to dispute those
3charges.
4    (f) The Director may conduct periodic audits of the
5accuracy of provider directories. A network plan shall not be
6subject to any fines or penalties for information required in
7this Section that a provider submits that is inaccurate or
8incomplete.
9    (g) To the extent not otherwise provided in this Act, an
10issuer shall comply with the requirements of 42 U.S.C.
11300gg-115, except that "provider directory information" shall
12include all information required to be included in a provider
13directory pursuant to this Section.
14    (h) If the issuer or the Department identifies a provider
15incorrectly listed in the provider directory, the issuer shall
16check each of the issuer's network plan provider directories
17for the provider within 2 business days to ascertain whether
18the provider is a preferred provider in that network plan and,
19if the provider is incorrectly listed in the provider
20directory, remove the provider from the provider directory
21without delay.
22    (i) If the Director determines that an issuer violated
23this Section, the Director may assess a fine up to $5,000 per
24violation, except for inaccurate information given by a
25provider to the issuer. If an issuer, or any entity or person
26acting on the issuer's behalf, knew or reasonably should have

HB3800- 126 -LRB104 09780 BAB 19846 b
1known that a provider was incorrectly included in a provider
2directory, the Director may assess a fine of up to $25,000 per
3violation against the issuer.
4    (j) This Section applies to network plans not otherwise
5exempt 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
10up-to-date, accurate, and complete provider directory for each
11of its network plans, with the information and search
12functions, 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

HB3800- 127 -LRB104 09780 BAB 19846 b
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;

HB3800- 128 -LRB104 09780 BAB 19846 b
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

HB3800- 129 -LRB104 09780 BAB 19846 b
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
6available through an electronic provider directory the
7following 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;

HB3800- 130 -LRB104 09780 BAB 19846 b
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
21network plan, a network plan shall make available all of the
22following information in addition to the searchable
23information required in this Section:
24        (1) for health care professionals:
25            (A) contact information; and
26            (B) languages spoken other than English by

HB3800- 131 -LRB104 09780 BAB 19846 b
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
6print, upon request, the following provider directory
7information 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

HB3800- 132 -LRB104 09780 BAB 19846 b
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
17print format provider directory that the information included
18in the directory is accurate as of the date of printing and
19that beneficiaries or prospective beneficiaries should consult
20the insurer's electronic provider directory on its website and
21contact the provider. The network plan shall also include a
22telephone number in the print format provider directory for a
23customer service representative where the beneficiary can
24obtain current provider directory information.
25    (f) The Director may conduct periodic audits of the
26accuracy of provider directories. A network plan shall not be

HB3800- 133 -LRB104 09780 BAB 19846 b
1subject to any fines or penalties for information required in
2this Section that a provider submits that is inaccurate or
3incomplete.
4    (g) This Section applies to network plans that are not
5otherwise exempt under Section 3, including stand-alone dental
6plans that are subject to provider directory requirements
7under 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
10amended 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
15the provisions of Sections 133, 134, 136, 137, 139, 140,
16141.1, 141.2, 141.3, 143, 143.31, 143c, 147, 148, 149, 151,
17152, 153, 154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a,
18155.49, 352c, 355.2, 355.3, 355.6, 355b, 355c, 356f, 356g.5-1,
19356m, 356q, 356u.10, 356v, 356w, 356x, 356z.2, 356z.3a,
20356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, 356z.9, 356z.10,
21356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.18,
22356z.19, 356z.20, 356z.21, 356z.22, 356z.23, 356z.24, 356z.25,
23356z.26, 356z.28, 356z.29, 356z.30, 356z.31, 356z.32, 356z.33,
24356z.34, 356z.35, 356z.36, 356z.37, 356z.38, 356z.39, 356z.40,

HB3800- 134 -LRB104 09780 BAB 19846 b
1356z.40a, 356z.41, 356z.44, 356z.45, 356z.46, 356z.47,
2356z.48, 356z.49, 356z.50, 356z.51, 356z.53, 356z.54, 356z.55,
3356z.56, 356z.57, 356z.58, 356z.59, 356z.60, 356z.61, 356z.62,
4356z.63, 356z.64, 356z.65, 356z.66, 356z.67, 356z.68, 356z.69,
5356z.70, 356z.71, 356z.72, 356z.73, 356z.74, 356z.75, 356z.76,
6356z.77, 356z.78, 364, 364.01, 364.3, 367.2, 367.2-5, 367i,
7368a, 368b, 368c, 368d, 368e, 370c, 370c.1, 401, 401.1, 402,
8403, 403A, 408, 408.2, 409, 412, 444, and 444.1, paragraph (c)
9of subsection (2) of Section 367, and Articles IIA, VIII 1/2,
10XII, XII 1/2, XIII, XIII 1/2, XXV, XXVI, and XXXIIB of the
11Illinois Insurance Code.
12    (b) For purposes of the Illinois Insurance Code, except
13for Sections 444 and 444.1 and Articles XIII and XIII 1/2,
14Health Maintenance Organizations in the following categories
15are 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

HB3800- 135 -LRB104 09780 BAB 19846 b
1acquisition of control of a Health Maintenance Organization
2pursuant 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;

HB3800- 136 -LRB104 09780 BAB 19846 b
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
8Insurance Code and this Section 5-3 shall apply to the sale by
9any health maintenance organization of greater than 10% of its
10enrollee population (including, without limitation, the health
11maintenance organization's right, title, and interest in and
12to its health care certificates).
13    (e) In considering any management contract or service
14agreement subject to Section 141.1 of the Illinois Insurance
15Code, the Director (i) shall, in addition to the criteria
16specified in Section 141.2 of the Illinois Insurance Code,
17take into account the effect of the management contract or
18service agreement on the continuation of benefits to enrollees
19and the financial condition of the health maintenance
20organization to be managed or serviced, and (ii) need not take
21into account the effect of the management contract or service
22agreement on competition.
23    (f) Except for small employer groups as defined in the
24Small Employer Rating, Renewability and Portability Health
25Insurance Act and except for medicare supplement policies as
26defined in Section 363 of the Illinois Insurance Code, a

HB3800- 137 -LRB104 09780 BAB 19846 b
1Health Maintenance Organization may by contract agree with a
2group or other enrollment unit to effect refunds or charge
3additional 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
26statement in the evidence of coverage issued to each enrollee

HB3800- 138 -LRB104 09780 BAB 19846 b
1describing the possibility of a refund or additional premium,
2and upon request of any group or enrollment unit, provide to
3the group or enrollment unit a description of the method used
4to calculate (1) the Health Maintenance Organization's
5profitable experience with respect to the group or enrollment
6unit and the resulting refund to the group or enrollment unit
7or (2) the Health Maintenance Organization's unprofitable
8experience with respect to the group or enrollment unit and
9the resulting additional premium to be paid by the group or
10enrollment unit.
11    In no event shall the Illinois Health Maintenance
12Organization Guaranty Association be liable to pay any
13contractual obligation of an insolvent organization to pay any
14refund authorized under this Section.
15    (g) Rulemaking authority to implement Public Act 95-1045,
16if any, is conditioned on the rules being adopted in
17accordance with all provisions of the Illinois Administrative
18Procedure Act and all rules and procedures of the Joint
19Committee on Administrative Rules; any purported rule not so
20adopted, for whatever reason, is unauthorized.
21(Source: P.A. 102-30, eff. 1-1-22; 102-34, eff. 6-25-21;
22102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.
231-1-22; 102-589, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665,
24eff. 10-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22;
25102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff.
261-1-23; 102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093,

HB3800- 139 -LRB104 09780 BAB 19846 b
1eff. 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24;
2103-91, eff. 1-1-24; 103-123, eff. 1-1-24; 103-154, eff.
36-30-23; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445,
4eff. 1-1-24; 103-551, eff. 8-11-23; 103-605, eff. 7-1-24;
5103-618, eff. 1-1-25; 103-649, eff. 1-1-25; 103-656, eff.
61-1-25; 103-700, eff. 1-1-25; 103-718, eff. 7-19-24; 103-751,
7eff. 8-2-24; 103-753, eff. 8-2-24; 103-758, eff. 1-1-25;
8103-777, eff. 8-2-24; 103-914, eff. 1-1-25; 103-918, eff.
91-1-25; 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
13the provisions of Sections 133, 134, 136, 137, 139, 140,
14141.1, 141.2, 141.3, 143, 143.31, 143c, 147, 148, 149, 151,
15152, 153, 154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a,
16155.49, 352c, 355.2, 355.3, 355.6, 355b, 355c, 356f, 356g,
17356g.5-1, 356m, 356q, 356u.10, 356v, 356w, 356x, 356z.2,
18356z.3a, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, 356z.9,
19356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17,
20356z.18, 356z.19, 356z.20, 356z.21, 356z.22, 356z.23, 356z.24,
21356z.25, 356z.26, 356z.28, 356z.29, 356z.30, 356z.31, 356z.32,
22356z.33, 356z.34, 356z.35, 356z.36, 356z.37, 356z.38, 356z.39,
23356z.40, 356z.40a, 356z.41, 356z.44, 356z.45, 356z.46,
24356z.47, 356z.48, 356z.49, 356z.50, 356z.51, 356z.53, 356z.54,
25356z.55, 356z.56, 356z.57, 356z.58, 356z.59, 356z.60, 356z.61,

HB3800- 140 -LRB104 09780 BAB 19846 b
1356z.62, 356z.63, 356z.64, 356z.65, 356z.66, 356z.67, 356z.68,
2356z.69, 356z.70, 356z.71, 356z.72, 356z.73, 356z.74, 356z.75,
3356z.76, 356z.77, 356z.78, 364, 364.01, 364.3, 367.2, 367.2-5,
4367i, 368a, 368b, 368c, 368d, 368e, 370c, 370c.1, 401, 401.1,
5402, 403, 403A, 408, 408.2, 409, 412, 444, and 444.1,
6paragraph (c) of subsection (2) of Section 367, and Articles
7IIA, VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV, XXVI, and
8XXXIIB of the Illinois Insurance Code.
9    (b) For purposes of the Illinois Insurance Code, except
10for Sections 444 and 444.1 and Articles XIII and XIII 1/2,
11Health Maintenance Organizations in the following categories
12are 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
24acquisition of control of a Health Maintenance Organization
25pursuant to Article VIII 1/2 of the Illinois Insurance Code,
26        (1) the Director shall give primary consideration to

HB3800- 141 -LRB104 09780 BAB 19846 b
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

HB3800- 142 -LRB104 09780 BAB 19846 b
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
5Insurance Code and this Section 5-3 shall apply to the sale by
6any health maintenance organization of greater than 10% of its
7enrollee population (including, without limitation, the health
8maintenance organization's right, title, and interest in and
9to its health care certificates).
10    (e) In considering any management contract or service
11agreement subject to Section 141.1 of the Illinois Insurance
12Code, the Director (i) shall, in addition to the criteria
13specified in Section 141.2 of the Illinois Insurance Code,
14take into account the effect of the management contract or
15service agreement on the continuation of benefits to enrollees
16and the financial condition of the health maintenance
17organization to be managed or serviced, and (ii) need not take
18into account the effect of the management contract or service
19agreement on competition.
20    (f) Except for small employer groups as defined in the
21Small Employer Rating, Renewability and Portability Health
22Insurance Act and except for medicare supplement policies as
23defined in Section 363 of the Illinois Insurance Code, a
24Health Maintenance Organization may by contract agree with a
25group or other enrollment unit to effect refunds or charge
26additional premiums under the following terms and conditions:

HB3800- 143 -LRB104 09780 BAB 19846 b
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
23statement in the evidence of coverage issued to each enrollee
24describing the possibility of a refund or additional premium,
25and upon request of any group or enrollment unit, provide to
26the group or enrollment unit a description of the method used

HB3800- 144 -LRB104 09780 BAB 19846 b
1to calculate (1) the Health Maintenance Organization's
2profitable experience with respect to the group or enrollment
3unit and the resulting refund to the group or enrollment unit
4or (2) the Health Maintenance Organization's unprofitable
5experience with respect to the group or enrollment unit and
6the resulting additional premium to be paid by the group or
7enrollment unit.
8    In no event shall the Illinois Health Maintenance
9Organization Guaranty Association be liable to pay any
10contractual obligation of an insolvent organization to pay any
11refund authorized under this Section.
12    (g) Rulemaking authority to implement Public Act 95-1045,
13if any, is conditioned on the rules being adopted in
14accordance with all provisions of the Illinois Administrative
15Procedure Act and all rules and procedures of the Joint
16Committee on Administrative Rules; any purported rule not so
17adopted, for whatever reason, is unauthorized.
18(Source: P.A. 102-30, eff. 1-1-22; 102-34, eff. 6-25-21;
19102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.
201-1-22; 102-589, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665,
21eff. 10-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22;
22102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff.
231-1-23; 102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093,
24eff. 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24;
25103-91, eff. 1-1-24; 103-123, eff. 1-1-24; 103-154, eff.
266-30-23; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445,

HB3800- 145 -LRB104 09780 BAB 19846 b
1eff. 1-1-24; 103-551, eff. 8-11-23; 103-605, eff. 7-1-24;
2103-618, eff. 1-1-25; 103-649, eff. 1-1-25; 103-656, eff.
31-1-25; 103-700, eff. 1-1-25; 103-718, eff. 7-19-24; 103-751,
4eff. 8-2-24; 103-753, eff. 8-2-24; 103-758, eff. 1-1-25;
5103-777, eff. 8-2-24; 103-808, eff. 1-1-26; 103-914, eff.
61-1-25; 103-918, eff. 1-1-25; 103-1024, eff. 1-1-25; revised
711-26-24.)
8    Section 25. The Limited Health Service Organization Act is
9amended 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
12health service organizations shall be subject to the
13provisions of Sections 133, 134, 136, 137, 139, 140, 141.1,
14141.2, 141.3, 143, 143.31, 143c, 147, 148, 149, 151, 152, 153,
15154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.37, 155.49, 352c,
16355.2, 355.3, 355b, 355d, 356m, 356q, 356v, 356z.4, 356z.4a,
17356z.10, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29, 356z.32,
18356z.33, 356z.41, 356z.46, 356z.47, 356z.51, 356z.53, 356z.54,
19356z.57, 356z.59, 356z.61, 356z.64, 356z.67, 356z.68, 356z.71,
20356z.73, 356z.74, 356z.75, 364.3, 368a, 401, 401.1, 402, 403,
21403A, 408, 408.2, 409, 412, 444, and 444.1 and Articles IIA,
22VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV, and XXVI, and
23XXXIIB of the Illinois Insurance Code. Nothing in this Section
24shall require a limited health care plan to cover any service

HB3800- 146 -LRB104 09780 BAB 19846 b
1that is not a limited health service. For purposes of the
2Illinois Insurance Code, except for Sections 444 and 444.1 and
3Articles XIII and XIII 1/2, limited health service
4organizations in the following categories are deemed to be
5domestic 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;
14102-306, eff. 1-1-22; 102-642, eff. 1-1-22; 102-731, eff.
151-1-23; 102-775, eff. 5-13-22; 102-813, eff. 5-13-22; 102-816,
16eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23;
17102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff.
181-1-24; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445,
19eff. 1-1-24; 103-605, eff. 7-1-24; 103-649, eff. 1-1-25;
20103-656, eff. 1-1-25; 103-700, eff. 1-1-25; 103-718, eff.
217-19-24; 103-751, eff. 8-2-24; 103-758, eff. 1-1-25; 103-832,
22eff. 1-1-25; 103-1024, eff. 1-1-25; revised 11-26-24.)
23    Section 30. The Criminal Code of 2012 is amended by
24changing Section 17-0.5 as follows:

HB3800- 147 -LRB104 09780 BAB 19846 b
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
4or device, whether known as a credit card or debit card, which
5has been changed in any respect by addition or deletion of any
6material, except for the signature by the person to whom the
7card is issued.
8    "Cardholder" means the person or organization named on the
9face of a credit card or debit card to whom or for whose
10benefit the credit card or debit card is issued by an issuer.
11    "Computer" means a device that accepts, processes, stores,
12retrieves, or outputs data and includes, but is not limited
13to, auxiliary storage, including cloud-based networks of
14remote services hosted on the Internet, and telecommunications
15devices connected to computers.
16    "Computer network" means a set of related, remotely
17connected devices and any communications facilities including
18more than one computer with the capability to transmit data
19between them through the communications facilities.
20    "Computer program" or "program" means a series of coded
21instructions or statements in a form acceptable to a computer
22which causes the computer to process data and supply the
23results of the data processing.
24    "Computer services" means computer time or services,
25including data processing services, Internet services,
26electronic mail services, electronic message services, or

HB3800- 148 -LRB104 09780 BAB 19846 b
1information or data stored in connection therewith.
2    "Counterfeit" means to manufacture, produce or create, by
3any means, a credit card or debit card without the purported
4issuer's consent or authorization.
5    "Credit card" means any instrument or device, whether
6known as a credit card, credit plate, charge plate or any other
7name, issued with or without fee by an issuer for the use of
8the cardholder in obtaining money, goods, services or anything
9else of value on credit or in consideration or an undertaking
10or guaranty by the issuer of the payment of a check drawn by
11the cardholder.
12    "Data" means a representation in any form of information,
13knowledge, facts, concepts, or instructions, including program
14documentation, which is prepared or has been prepared in a
15formalized manner and is stored or processed in or transmitted
16by a computer or in a system or network. Data is considered
17property and may be in any form, including, but not limited to,
18printouts, magnetic or optical storage media, punch cards, or
19data stored internally in the memory of the computer.
20    "Debit card" means any instrument or device, known by any
21name, issued with or without fee by an issuer for the use of
22the cardholder in obtaining money, goods, services, and
23anything else of value, payment of which is made against funds
24previously deposited by the cardholder. A debit card which
25also can be used to obtain money, goods, services and anything
26else of value on credit shall not be considered a debit card

HB3800- 149 -LRB104 09780 BAB 19846 b
1when it is being used to obtain money, goods, services or
2anything else of value on credit.
3    "Document" includes, but is not limited to, any document,
4representation, or image produced manually, electronically, or
5by computer.
6    "Electronic fund transfer terminal" means any machine or
7device that, when properly activated, will perform any of the
8following 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
26as "EFT System", means that system whereby funds are

HB3800- 150 -LRB104 09780 BAB 19846 b
1transferred electronically from a cardholder's account to any
2other account.
3    "Electronic mail service provider" means any person who
4(i) is an intermediary in sending or receiving electronic mail
5and (ii) provides to end-users of electronic mail services the
6ability to send or receive electronic mail.
7    "Expired credit card or debit card" means a credit card or
8debit card which is no longer valid because the term on it has
9elapsed.
10    "False academic degree" means a certificate, diploma,
11transcript, or other document purporting to be issued by an
12institution of higher learning or purporting to indicate that
13a person has completed an organized academic program of study
14at an institution of higher learning when the person has not
15completed the organized academic program of study indicated on
16the certificate, diploma, transcript, or other document.
17    "False claim" means any statement made to any insurer,
18purported insurer, servicing corporation, insurance broker, or
19insurance agent, or any agent or employee of one of those
20entities, and made as part of, or in support of, a claim for
21payment or other benefit under a policy of insurance, or as
22part of, or in support of, an application for the issuance of,
23or the rating of, any insurance policy, when the statement
24does any of the following:
25        (1) Contains any false, incomplete, or misleading
26 information concerning any fact or thing material to the

HB3800- 151 -LRB104 09780 BAB 19846 b
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
8association, credit union, or other depository of money or
9medium of savings and collective investment.
10    "Governmental entity" means: each officer, board,
11commission, and agency created by the Constitution, whether in
12the executive, legislative, or judicial branch of State
13government; each officer, department, board, commission,
14agency, institution, authority, university, and body politic
15and corporate of the State; each administrative unit or
16corporate outgrowth of State government that is created by or
17pursuant to statute, including units of local government and
18their officers, school districts, and boards of election
19commissioners; and each administrative unit or corporate
20outgrowth of the foregoing items and as may be created by
21executive order of the Governor.
22    "Incomplete credit card or debit card" means a credit card
23or debit card which is missing part of the matter other than
24the signature of the cardholder which an issuer requires to
25appear on the credit card or debit card before it can be used
26by a cardholder, and this includes credit cards or debit cards

HB3800- 152 -LRB104 09780 BAB 19846 b
1which have not been stamped, embossed, imprinted or written
2on.
3    "Institution of higher learning" means a public or private
4college, university, or community college located in the State
5of Illinois that is authorized by the Board of Higher
6Education or the Illinois Community College Board to issue
7post-secondary degrees, or a public or private college,
8university, or community college located anywhere in the
9United States that is or has been legally constituted to offer
10degrees and instruction in its state of origin or
11incorporation.
12    "Insurance company" means any "company" as defined under
13Section 2 of the Illinois Insurance Code, "dental service plan
14corporation" as defined in Section 3 of the Dental Service
15Plan Act, "health maintenance organization" as defined in
16Section 1-2 of the Health Maintenance Organization Act,
17"limited health service organization" as defined in Section
181002 of the Limited Health Service Organization Act, "health
19services plan corporation" as defined in Section 2 of the
20Voluntary Health Services Plans Act, or any trust fund
21organized under the Religious and Charitable Risk Pooling
22Trust Act.
23    "Issuer" means the business organization or financial
24institution which issues a credit card or debit card, or its
25duly authorized agent.
26    "Merchant" has the meaning ascribed to it in Section

HB3800- 153 -LRB104 09780 BAB 19846 b
116-0.1 of this Code.
2    "Person" means any individual, corporation, government,
3governmental subdivision or agency, business trust, estate,
4trust, partnership or association or any other entity.
5    "Receives" or "receiving" means acquiring possession or
6control.
7    "Record of charge form" means any document submitted or
8intended to be submitted to an issuer as evidence of a credit
9transaction for which the issuer has agreed to reimburse
10persons providing money, goods, property, services or other
11things of value.
12    "Revoked credit card or debit card" means a credit card or
13debit card which is no longer valid because permission to use
14it 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
17artifice to deprive another of the intangible right to honest
18services.
19    "Self-insured entity" means any person, business,
20partnership, corporation, or organization that sets aside
21funds to meet his, her, or its losses or to absorb fluctuations
22in the amount of loss, the losses being charged against the
23funds set aside or accumulated.
24    "Social networking website" means an Internet website
25containing profile web pages of the members of the website
26that include the names or nicknames of such members,

HB3800- 154 -LRB104 09780 BAB 19846 b
1photographs placed on the profile web pages by such members,
2or any other personal or personally identifying information
3about such members and links to other profile web pages on
4social networking websites of friends or associates of such
5members that can be accessed by other members or visitors to
6the website. A social networking website provides members of
7or visitors to such website the ability to leave messages or
8comments on the profile web page that are visible to all or
9some visitors to the profile web page and may also include a
10form of electronic mail for members of the social networking
11website.
12    "Statement" means any assertion, oral, written, or
13otherwise, and includes, but is not limited to: any notice,
14letter, or memorandum; proof of loss; bill of lading; receipt
15for payment; invoice, account, or other financial statement;
16estimate of property damage; bill for services; diagnosis or
17prognosis; prescription; hospital, medical, or dental chart or
18other record, x-ray, photograph, videotape, or movie film;
19test result; other evidence of loss, injury, or expense;
20computer-generated document; and data in any form.
21    "Universal Price Code Label" means a unique symbol that
22consists of a machine-readable code and human-readable
23numbers.
24    "With intent to defraud" means to act knowingly, and with
25the specific intent to deceive or cheat, for the purpose of
26causing financial loss to another or bringing some financial

HB3800- 155 -LRB104 09780 BAB 19846 b
1gain to oneself, regardless of whether any person was actually
2defrauded or deceived. This includes an intent to cause
3another to assume, create, transfer, alter, or terminate any
4right, obligation, or power with reference to any person or
5property.
6(Source: P.A. 101-87, eff. 1-1-20.)
7    Section 95. No acceleration or delay. Where this Act makes
8changes in a statute that is represented in this Act by text
9that is not yet or no longer in effect (for example, a Section
10represented by multiple versions), the use of that text does
11not accelerate or delay the taking effect of (i) the changes
12made by this Act or (ii) provisions derived from any other
13Public Act.
14    Section 99. Effective date. This Act takes effect upon
15becoming law, except that the changes to Sections 143d and
161563 of the Illinois Insurance Code take effect January 1,
172026, and the changes to Section 174 of the Illinois Insurance
18Code take effect 60 days after this Act becomes law.

HB3800- 156 -LRB104 09780 BAB 19846 b
1 INDEX
2 Statutes amended in order of appearance
3    20 ILCS 1410/10
4    215 ILCS 5/121-2.08from Ch. 73, par. 733-2.08
5    215 ILCS 5/143dfrom Ch. 73, par. 755d
6    215 ILCS 5/174from Ch. 73, par. 786
7    215 ILCS 5/194from Ch. 73, par. 806
8    215 ILCS 5/356z.73
9    215 ILCS 5/368d
10    215 ILCS 5/370c.1
11    215 ILCS 5/1563
12    215 ILCS 109/75
13    215 ILCS 124/5
14    215 ILCS 124/10
15    215 ILCS 124/25
16    215 ILCS 125/5-3from Ch. 111 1/2, par. 1411.2
17    215 ILCS 130/4003from Ch. 73, par. 1504-3
18    720 ILCS 5/17-0.5
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