Bill Text: IL HB4986 | 2025-2026 | 104th General Assembly | Introduced
Bill Title: Amends the Illinois Insurance Code. Removes language providing that provisions concerning reimbursement for certain telehealth services are inoperative on and after January 1, 2028.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2026-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB4986 Detail]
Download: Illinois-2025-HB4986-Introduced.html
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| 1 | AN ACT concerning regulation. | |||||||||||||||||||
| 2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
| 3 | represented in the General Assembly: | |||||||||||||||||||
| 4 | Section 5. The Illinois Insurance Code is amended by | |||||||||||||||||||
| 5 | changing Section 356z.22 as follows: | |||||||||||||||||||
| 6 | (215 ILCS 5/356z.22) | |||||||||||||||||||
| 7 | Sec. 356z.22. Coverage for telehealth services. | |||||||||||||||||||
| 8 | (a) For purposes of this Section: | |||||||||||||||||||
| 9 | "Asynchronous store and forward system" has the meaning | |||||||||||||||||||
| 10 | given to that term in Section 5 of the Telehealth Act. | |||||||||||||||||||
| 11 | "Distant site" has the meaning given to that term in | |||||||||||||||||||
| 12 | Section 5 of the Telehealth Act. | |||||||||||||||||||
| 13 | "E-visits" has the meaning given to that term in Section 5 | |||||||||||||||||||
| 14 | of the Telehealth Act. | |||||||||||||||||||
| 15 | "Facility" means any hospital facility licensed under the | |||||||||||||||||||
| 16 | Hospital Licensing Act or the University of Illinois Hospital | |||||||||||||||||||
| 17 | Act, a federally qualified health center, a community mental | |||||||||||||||||||
| 18 | health center, a behavioral health clinic, a substance use | |||||||||||||||||||
| 19 | disorder treatment program licensed by the Division of | |||||||||||||||||||
| 20 | Substance Use Prevention and Recovery of the Department of | |||||||||||||||||||
| 21 | Human Services, or other building, place, or institution that | |||||||||||||||||||
| 22 | is owned or operated by a person that is licensed or otherwise | |||||||||||||||||||
| 23 | authorized to deliver health care services. | |||||||||||||||||||
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| 1 | "Health care professional" has the meaning given to that | ||||||
| 2 | term in Section 5 of the Telehealth Act. | ||||||
| 3 | "Interactive telecommunications system" has the meaning | ||||||
| 4 | given to that term in Section 5 of the Telehealth Act. As used | ||||||
| 5 | in this Section, "interactive telecommunications system" does | ||||||
| 6 | not include virtual check-ins. | ||||||
| 7 | "Originating site" has the meaning given to that term in | ||||||
| 8 | Section 5 of the Telehealth Act. | ||||||
| 9 | "Telehealth services" has the meaning given to that term | ||||||
| 10 | in Section 5 of the Telehealth Act. As used in this Section, | ||||||
| 11 | "telehealth services" do not include asynchronous store and | ||||||
| 12 | forward systems, remote patient monitoring technologies, | ||||||
| 13 | e-visits, or virtual check-ins. | ||||||
| 14 | "Virtual check-in" has the meaning given to that term in | ||||||
| 15 | Section 5 of the Telehealth Act. | ||||||
| 16 | (b) An individual or group policy of accident or health | ||||||
| 17 | insurance that is amended, delivered, issued, or renewed on or | ||||||
| 18 | after the effective date of this amendatory Act of the 102nd | ||||||
| 19 | General Assembly shall cover telehealth services, e-visits, | ||||||
| 20 | and virtual check-ins rendered by a health care professional | ||||||
| 21 | when clinically appropriate and medically necessary to | ||||||
| 22 | insureds, enrollees, and members in the same manner as any | ||||||
| 23 | other benefits covered under the policy. An individual or | ||||||
| 24 | group policy of accident or health insurance may provide | ||||||
| 25 | reimbursement to a facility that serves as the originating | ||||||
| 26 | site at the time a telehealth service is rendered. | ||||||
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| 1 | (c) To ensure telehealth service, e-visit, and virtual | ||||||
| 2 | check-in access is equitable for all patients in receipt of | ||||||
| 3 | health care services under this Section and health care | ||||||
| 4 | professionals and facilities are able to deliver medically | ||||||
| 5 | necessary services that can be appropriately delivered via | ||||||
| 6 | telehealth within the scope of their licensure or | ||||||
| 7 | certification, coverage required under this Section shall | ||||||
| 8 | comply with all of the following: | ||||||
| 9 | (1) An individual or group policy of accident or | ||||||
| 10 | health insurance shall not: | ||||||
| 11 | (A) require that in-person contact occur between a | ||||||
| 12 | health care professional and a patient before the | ||||||
| 13 | provision of a telehealth service; | ||||||
| 14 | (B) require patients, health care professionals, | ||||||
| 15 | or facilities to prove or document a hardship or | ||||||
| 16 | access barrier to an in-person consultation for | ||||||
| 17 | coverage and reimbursement of telehealth services, | ||||||
| 18 | e-visits, or virtual check-ins; | ||||||
| 19 | (C) require the use of telehealth services, | ||||||
| 20 | e-visits, or virtual check-ins when the health care | ||||||
| 21 | professional has determined that it is not | ||||||
| 22 | appropriate; | ||||||
| 23 | (D) require the use of telehealth services when a | ||||||
| 24 | patient chooses an in-person consultation; | ||||||
| 25 | (E) require a health care professional to be | ||||||
| 26 | physically present in the same room as the patient at | ||||||
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| 1 | the originating site, unless deemed medically | ||||||
| 2 | necessary by the health care professional providing | ||||||
| 3 | the telehealth service; | ||||||
| 4 | (F) create geographic or facility restrictions or | ||||||
| 5 | requirements for telehealth services, e-visits, or | ||||||
| 6 | virtual check-ins; | ||||||
| 7 | (G) require health care professionals or | ||||||
| 8 | facilities to offer or provide telehealth services, | ||||||
| 9 | e-visits, or virtual check-ins; | ||||||
| 10 | (H) require patients to use telehealth services, | ||||||
| 11 | e-visits, or virtual check-ins, or require patients to | ||||||
| 12 | use a separate panel of health care professionals or | ||||||
| 13 | facilities to receive telehealth service, e-visit, or | ||||||
| 14 | virtual check-in coverage and reimbursement; or | ||||||
| 15 | (I) impose upon telehealth services, e-visits, or | ||||||
| 16 | virtual check-ins utilization review requirements that | ||||||
| 17 | are unnecessary, duplicative, or unwarranted or impose | ||||||
| 18 | any treatment limitations, prior authorization, | ||||||
| 19 | documentation, or recordkeeping requirements that are | ||||||
| 20 | more stringent than the requirements applicable to the | ||||||
| 21 | same health care service when rendered in-person, | ||||||
| 22 | except procedure code modifiers may be required to | ||||||
| 23 | document telehealth. | ||||||
| 24 | (2) Deductibles, copayments, coinsurance, or any other | ||||||
| 25 | cost-sharing applicable to services provided through | ||||||
| 26 | telehealth shall not exceed the deductibles, copayments, | ||||||
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| 1 | coinsurance, or any other cost-sharing required by the | ||||||
| 2 | individual or group policy of accident or health insurance | ||||||
| 3 | for the same services provided through in-person | ||||||
| 4 | consultation. | ||||||
| 5 | (3) An individual or group policy of accident or | ||||||
| 6 | health insurance shall notify health care professionals | ||||||
| 7 | and facilities of any instructions necessary to facilitate | ||||||
| 8 | billing for telehealth services, e-visits, and virtual | ||||||
| 9 | check-ins. | ||||||
| 10 | (d) For purposes of reimbursement, an individual or group | ||||||
| 11 | policy of accident or health insurance that is amended, | ||||||
| 12 | delivered, issued, or renewed on or after the effective date | ||||||
| 13 | of this amendatory Act of the 102nd General Assembly shall | ||||||
| 14 | reimburse an in-network health care professional or facility, | ||||||
| 15 | including a health care professional or facility in a tiered | ||||||
| 16 | network, for telehealth services provided through an | ||||||
| 17 | interactive telecommunications system on the same basis, in | ||||||
| 18 | the same manner, and at the same reimbursement rate that would | ||||||
| 19 | apply to the services if the services had been delivered via an | ||||||
| 20 | in-person encounter by an in-network or tiered network health | ||||||
| 21 | care professional or facility. This subsection applies only to | ||||||
| 22 | those services provided by telehealth that may otherwise be | ||||||
| 23 | billed as an in-person service. This subsection is inoperative | ||||||
| 24 | on and after January 1, 2028, except that this subsection is | ||||||
| 25 | operative after that date with respect to mental health and | ||||||
| 26 | substance use disorder telehealth services. | ||||||
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| 1 | (e) The Department and the Department of Public Health | ||||||
| 2 | shall commission a report to the General Assembly administered | ||||||
| 3 | by an established medical college in this State wherein | ||||||
| 4 | supervised clinical training takes place at an affiliated | ||||||
| 5 | institution that uses telehealth services, subject to | ||||||
| 6 | appropriation. The report shall study the telehealth coverage | ||||||
| 7 | and reimbursement policies established in subsections (b) and | ||||||
| 8 | (d) of this Section, to determine if the policies improve | ||||||
| 9 | access to care, reduce health disparities, promote health | ||||||
| 10 | equity, have an impact on utilization and cost-avoidance, | ||||||
| 11 | including direct or indirect cost savings to the patient, and | ||||||
| 12 | to provide any recommendations for telehealth access expansion | ||||||
| 13 | in the future. An individual or group policy of accident or | ||||||
| 14 | health insurance shall provide data necessary to carry out the | ||||||
| 15 | requirements of this subsection upon request of the | ||||||
| 16 | Department. The Department and the Department of Public Health | ||||||
| 17 | shall submit the report by December 31, 2026. The established | ||||||
| 18 | medical college may utilize subject matter expertise to | ||||||
| 19 | complete any necessary actuarial analysis. | ||||||
| 20 | (f) Nothing in this Section is intended to limit the | ||||||
| 21 | ability of an individual or group policy of accident or health | ||||||
| 22 | insurance and a health care professional or facility to | ||||||
| 23 | voluntarily negotiate alternate reimbursement rates for | ||||||
| 24 | telehealth services. Such voluntary negotiations shall take | ||||||
| 25 | into consideration the ongoing investment necessary to ensure | ||||||
| 26 | these telehealth platforms may be continuously maintained, | ||||||
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| 1 | seamlessly updated, and integrated with a patient's electronic | ||||||
| 2 | medical records. | ||||||
| 3 | (g) An individual or group policy of accident or health | ||||||
| 4 | insurance that is amended, delivered, issued, or renewed on or | ||||||
| 5 | after the effective date of this amendatory Act of the 102nd | ||||||
| 6 | General Assembly shall provide coverage for telehealth | ||||||
| 7 | services for licensed dietitian nutritionists and certified | ||||||
| 8 | diabetes educators who counsel diabetes patients in the | ||||||
| 9 | diabetes patients' homes to remove the hurdle of | ||||||
| 10 | transportation for diabetes patients to receive treatment, in | ||||||
| 11 | accordance with the Dietitian Nutritionist Practice Act. | ||||||
| 12 | (h) Any policy, contract, or certificate of health | ||||||
| 13 | insurance coverage that does not distinguish between | ||||||
| 14 | in-network and out-of-network health care professionals and | ||||||
| 15 | facilities shall be subject to this Section as though all | ||||||
| 16 | health care professionals and facilities were in-network. | ||||||
| 17 | (i) Health care professionals and facilities shall | ||||||
| 18 | determine the appropriateness of specific sites, technology | ||||||
| 19 | platforms, and technology vendors for a telehealth service, as | ||||||
| 20 | long as delivered services adhere to all federal and State | ||||||
| 21 | privacy, security, and confidentiality laws, rules, or | ||||||
| 22 | regulations, including, but not limited to, the Health | ||||||
| 23 | Insurance Portability and Accountability Act of 1996 and the | ||||||
| 24 | Mental Health and Developmental Disabilities Confidentiality | ||||||
| 25 | Act. | ||||||
| 26 | (j) Nothing in this Section shall be deemed as precluding | ||||||
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| 1 | a health insurer from providing benefits for other telehealth | ||||||
| 2 | services, including, but not limited to, services not required | ||||||
| 3 | for coverage provided through an asynchronous store and | ||||||
| 4 | forward system, remote patient monitoring services, other | ||||||
| 5 | monitoring services, or oral communications otherwise covered | ||||||
| 6 | under the policy. | ||||||
| 7 | (k) There shall be no restrictions on originating site | ||||||
| 8 | requirements for telehealth coverage or reimbursement to the | ||||||
| 9 | distant site under this Section other than requiring the | ||||||
| 10 | telehealth services to be medically necessary and clinically | ||||||
| 11 | appropriate. | ||||||
| 12 | (l) The Department may adopt rules, including emergency | ||||||
| 13 | rules subject to the provisions of Section 5-45 of the | ||||||
| 14 | Illinois Administrative Procedure Act, to implement the | ||||||
| 15 | provisions of this Section. | ||||||
| 16 | (Source: P.A. 102-104, eff. 7-22-21.) | ||||||
