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