Bill Text: IL SB0146 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Fair Patient Billing Act. Provides that before pursuing a collection action against an insured patient for the unpaid amount of services rendered, a health care provider must review a patient's file to ensure that the patient does not have a Medicare supplement policy or any other secondary payer health insurance plan. Provides that if, after reviewing a patient's file, the health care provider finds no supplemental policy in the patient's record, the provider must then provide notice to the patient, and give that patient an opportunity to address the issue. Provides that if a health care provider has neither found information indicating the existence of a supplemental policy, nor received payment for services rendered to the patient, the health care provider may proceed with a collection action against the patient in accordance with specified provisions. Defines "supplemental policy". Makes a conforming change.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-02-10 - Rule 3-9(a) / Re-referred to Assignments [SB0146 Detail]

Download: Illinois-2021-SB0146-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB0146 Introduced 2/9/2021, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED:
210 ILCS 88/30
210 ILCS 88/33 new
Amends the Fair Patient Billing Act. Provides that before pursuing a collection action against an insured patient for the unpaid amount of services rendered, a health care provider must review a patient's file to ensure that the patient does not have a Medicare supplement policy or any other secondary payer health insurance plan. Provides that if, after reviewing a patient's file, the health care provider finds no supplemental policy in the patient's record, the provider must then provide notice to the patient, and give that patient an opportunity to address the issue. Provides that if a health care provider has neither found information indicating the existence of a supplemental policy, nor received payment for services rendered to the patient, the health care provider may proceed with a collection action against the patient in accordance with specified provisions. Defines "supplemental policy". Makes a conforming change.
LRB102 11138 CPF 16470 b
A BILL FOR
SB0146 LRB102 11138 CPF 16470 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Fair Patient Billing Act is amended by
changing Section 30 and by adding Section 33 as follows:
(210 ILCS 88/30)
Sec. 30. Pursuing collection action.
(a) Hospitals and their agents may pursue collection
action against an uninsured patient only if the following
conditions are met:
(1) The hospital has given the uninsured patient the
opportunity to:
(A) assess the accuracy of the bill;
(B) apply for financial assistance under the
hospital's financial assistance policy; and
(C) avail themselves of a reasonable payment plan.
(2) If the uninsured patient has indicated an
inability to pay the full amount of the debt in one
payment, the hospital has offered the patient a reasonable
payment plan. The hospital may require the uninsured
patient to provide reasonable verification of his or her
inability to pay the full amount of the debt in one
payment.

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(3) To the extent the hospital provides financial
assistance and the circumstances of the uninsured patient
suggest the potential for eligibility for charity care,
the uninsured patient has been given at least 60 days
following the date of discharge or receipt of outpatient
care to submit an application for financial assistance.
(4) If the uninsured patient has agreed to a
reasonable payment plan with the hospital, and the patient
has failed to make payments in accordance with that
reasonable payment plan.
(5) If the uninsured patient informs the hospital that
he or she has applied for health care coverage under
Medicaid, Kidcare, or other government-sponsored health
care program (and there is a reasonable basis to believe
that the patient will qualify for such program) but the
patient's application is denied.
(b) A hospital may not refer a bill, or portion thereof, to
a collection agency or attorney for collection action against
the insured patient, without first offering the patient the
opportunity to request a reasonable payment plan for the
amount personally owed by the patient. Such an opportunity
shall be made available for the 30 days following the date of
the initial bill, or after exhaustion of the process outlined
in subsections (a) and (b) of Section 33. If the insured
patient requests a reasonable payment plan, but fails to agree
to a plan within 30 days of the request, the hospital may

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proceed with collection action against the patient.
(c) No collection agency, law firm, or individual may
initiate legal action for non-payment of a hospital bill
against a patient without the written approval of an
authorized hospital employee who reasonably believes that the
conditions for pursuing collection action under this Section
have been met.
(d) Nothing in this Section prohibits a hospital from
engaging an outside third party agency, firm, or individual to
manage the process of implementing the hospital's financial
assistance and reasonable payment plan programs and policies
so long as such agency, firm, or individual is contractually
bound to comply with the terms of this Act.
(Source: P.A. 94-885, eff. 1-1-07.)
(210 ILCS 88/33 new)
Sec. 33. Supplemental policy collection action.
(a) Before pursuing a collection action against an insured
patient for the unpaid amount of services rendered, a health
care provider must review a patient's file to ensure that the
patient does not have a supplemental policy.
(b) If, after reviewing a patient's file, the health care
provider finds no supplemental policy in the patient's record,
the provider must then provide notice to the patient, and give
that patient an opportunity to (1) assess the accuracy of the
bill; (2) indicate or clarify whether he or she is covered by a

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supplemental policy; and (3) address the payment of the unpaid
sum.
(c) If, after exhausting the requirements of subsections
(a) and (b) of this Section, a health care provider has neither
found information indicating the existence of a supplemental
policy, nor received payment for services rendered to the
patient, the health care provider may proceed with a
collection action against the patient, as provided under
subsection (b) of Section 30 of this Act.
(d) For purposes of this Section, "supplemental policy"
means a Medicare supplement policy, as defined in subsection
(c) of Section 363 of the Illinois Insurance Code, or any other
secondary payer health insurance plan.