|
persons who are enrolled under Article V of the Illinois |
Public Aid Code or under the Children's Health Insurance |
Program Act, amended, delivered, issued, or renewed on or |
after the effective date of this Act, with the exception of |
employee or employer self-insured health benefit plans under |
the federal Employee Retirement Income Security Act of 1974, |
health care provided pursuant to the Workers' Compensation Act |
or the Workers' Occupational Diseases Act, and State, |
employee, unit of local government, or school district health |
plans. This Act does not diminish a health care plan's duties |
and responsibilities under other federal or State law or rules |
promulgated thereunder. This Act is not intended to alter or |
impede the provisions of any consent decree or judicial order |
to which the State or any of its agencies is a party. |
Section 15. Definitions. As used in this Act:
|
"Adverse determination" has the meaning given to that term |
in Section 10 of the Health Carrier External Review Act.
|
"Appeal" means a formal request, either orally or in |
writing, to reconsider an adverse determination.
|
"Approval" means a determination by a health insurance |
issuer or its contracted utilization review organization that |
a health care service has been reviewed and, based on the |
information provided, satisfies the health insurance issuer's |
or its contracted utilization review organization's |
requirements for medical necessity and appropriateness.
|
|
"Clinical review criteria" has the meaning given to that |
term in Section 10 of the Health Carrier External Review Act.
|
"Department" means the Department of Insurance.
|
"Emergency medical condition" has the meaning given to |
that term in Section 10 of the Managed Care Reform and Patient |
Rights Act.
|
"Emergency services" has the meaning given to that term in |
federal health insurance reform requirements for the group and |
individual health insurance markets, 45 CFR 147.138.
|
"Enrollee" has the meaning given to that term in Section |
10 of the Managed Care Reform and Patient Rights Act.
|
"Health care professional" has the meaning given to that |
term in Section 10 of the Managed Care Reform and Patient |
Rights Act.
|
"Health care provider" has the meaning given to that term |
in Section 10 of the Managed Care Reform and Patient Rights |
Act, except that facilities licensed under the Nursing Home |
Care Act and long-term care facilities as defined in Section |
1-113 of the Nursing Home Care Act are excluded from this Act. |
"Health care service" means any services or level of |
services included in the furnishing to an individual of |
medical care or the hospitalization incident to the furnishing |
of such care, as well as the furnishing to any person of any |
other services for the purpose of preventing, alleviating, |
curing, or healing human illness or injury, including |
behavioral health, mental health, home health, and |
|
pharmaceutical services and products.
|
"Health insurance issuer" has the meaning given to that |
term in Section 5 of the Illinois Health Insurance Portability |
and Accountability Act.
|
"Medically necessary" means a health care professional |
exercising prudent clinical judgment would provide care to a |
patient for the purpose of preventing, diagnosing, or treating |
an illness, injury, disease, or its symptoms and that are: (i) |
in accordance with generally accepted standards of medical |
practice; (ii) clinically appropriate in terms of type, |
frequency, extent, site, and duration and are considered |
effective for the patient's illness, injury, or disease; and |
(iii) not primarily for the convenience of the patient, |
treating physician, other health care professional, caregiver, |
family member, or other interested party, but focused on what |
is best for the patient's health outcome.
|
"Physician" means a person licensed under the Medical |
Practice Act of 1987 or licensed under the laws of another |
state to practice medicine in all its branches.
|
"Prior authorization" means the process by which health |
insurance issuers or their contracted utilization review |
organizations determine the medical necessity and medical |
appropriateness of otherwise covered health care services |
before the rendering of such health care services. "Prior |
authorization" includes any health insurance issuer's or its |
contracted utilization review organization's requirement that |
|
an enrollee, health care professional, or health care provider |
notify the health insurance issuer or its contracted |
utilization review organization before, at the time of, or |
concurrent to providing a health care service.
|
"Urgent health care service" means a health care service |
with respect to which the application of the time periods for |
making a non-expedited prior authorization that in the opinion |
of a health care professional with knowledge of the enrollee's |
medical condition:
|
(1) could seriously jeopardize the life or health of |
the enrollee or the ability of the enrollee to regain |
maximum function; or
|
(2) could subject the enrollee to severe pain that |
cannot be adequately managed without the care or treatment |
that is the subject of the utilization review.
|
"Urgent health care service" does not include emergency |
services.
|
"Utilization review organization" has the meaning given to |
that term in 50 Ill. Adm. Code 4520.30.
|
Section 20. Disclosure and review of prior authorization |
requirements.
|
(a) A health insurance issuer shall maintain a complete |
list of services for which prior authorization is required, |
including for all services where prior authorization is |
performed by an entity under contract with the health |
|
insurance issuer.
|
(b) A health insurance issuer shall make any current prior |
authorization requirements and restrictions, including the |
written clinical review criteria, readily accessible and |
conspicuously posted on its website to enrollees, health care |
professionals, and health care providers. Content published by |
a third party and licensed for use by a health insurance issuer |
or its contracted utilization review organization may be made |
available through the health insurance issuer's or its |
contracted utilization review organization's secure, |
password-protected website so long as the access requirements |
of the website do not unreasonably restrict access. |
Requirements shall be described in detail, written in easily |
understandable language, and readily available to the health |
care professional and health care provider at the point of |
care. The website shall indicate for each service subject to |
prior authorization:
|
(1) when prior authorization became required for |
policies issued or delivered in Illinois, including the |
effective date or dates and the termination date or dates, |
if applicable, in Illinois;
|
(2) the date the Illinois-specific requirement was |
listed on the health insurance issuer's or its contracted |
utilization review organization's website; |
(3) where applicable, the date that prior |
authorization was removed for Illinois; and
|
|
(4) where applicable, access to a standardized |
electronic prior authorization request transaction |
process. |
(c) The clinical review criteria must:
|
(1) be based on nationally recognized, generally |
accepted standards except where State law provides its own |
standard;
|
(2) be developed in accordance with the current |
standards of a national medical accreditation entity;
|
(3) ensure quality of care and access to needed health |
care services;
|
(4) be evidence-based;
|
(5) be sufficiently flexible to allow deviations from |
norms when justified on a case-by-case basis;
and |
(6) be evaluated and updated, if necessary, at least |
annually. |
(d) A health insurance issuer shall not deny a claim for |
failure to obtain prior authorization if the prior |
authorization requirement was not in effect on the date of |
service on the claim.
|
(e) A health insurance issuer or its contracted |
utilization review organization shall not deem as incidental |
or deny supplies or health care services that are routinely |
used as part of a health care service when:
|
(1) an associated health care service has received |
prior authorization; or
|
|
(2) prior authorization for the health care service is |
not required.
|
(f) If a health insurance issuer intends either to |
implement a new prior authorization requirement or restriction |
or amend an existing requirement or restriction, the health |
insurance issuer shall provide contracted health care |
professionals and contracted health care providers of |
enrollees written notice of the new or amended requirement or |
amendment no less than 60 days before the requirement or |
restriction is implemented. The written notice may be provided |
in an electronic format, including email or facsimile, if the |
health care professional or health care provider has agreed in |
advance to receive notices electronically. The health |
insurance issuer shall ensure that the new or amended |
requirement is not implemented unless the health insurance |
issuer's or its contracted utilization review organization's |
website has been updated to reflect the new or amended |
requirement or restriction.
|
(g) Entities using prior authorization shall make |
statistics available regarding prior authorization approvals |
and denials on their website in a readily accessible format. |
The statistics must be updated annually and include all of the |
following information:
|
(1) a list of all health care services, including |
medications, that are subject to prior authorization;
|
(2) the total number of prior authorization requests |
|
received;
|
(3) the number of prior authorization requests denied |
during the previous plan year by the health insurance |
issuer or its contracted utilization review organization |
with respect to each service described in paragraph (1) |
and the top 5 reasons for denial;
|
(4) the number of requests described in paragraph (3) |
that were appealed, the number of the appealed requests |
that upheld the adverse determination, and the number of |
appealed requests that reversed the adverse determination;
|
(5) the average time between submission and response;
|
and |
(6) any other information as the Director determines |
appropriate.
|
Section 25. Health insurance issuer's and its contracted |
utilization review organization's obligations with respect to |
prior authorizations in nonurgent circumstances. |
Notwithstanding any other provision of law, if a health |
insurance issuer requires prior authorization of a health care |
service, the health insurance issuer or its contracted |
utilization review organization must make an approval or |
adverse determination and notify the enrollee, the enrollee's |
health care professional, and the enrollee's health care |
provider of the approval or adverse determination as required |
by applicable law, but no later than 5 calendar days after |
|
obtaining all necessary information to make the approval or |
adverse determination. As used in this Section, "necessary |
information" includes the results of any face-to-face clinical |
evaluation, second opinion, or other clinical information that |
is directly applicable to the requested service that may be |
required. |
Section 30. Health insurance issuer's and its contracted |
utilization review organization's obligations with respect to |
prior authorizations concerning urgent health care services.
|
(a) Notwithstanding any other provision of law, a health |
insurance issuer or its contracted utilization review |
organization must render an approval or adverse determination |
concerning urgent care services and notify the enrollee, the |
enrollee's health care professional, and the enrollee's health |
care provider of that approval or adverse determination as |
required by law, but not later than 48 hours after receiving |
all information needed to complete the review of the requested |
health care services.
|
(b) To facilitate the rendering of a prior authorization |
determination in conformance with this Section, a health |
insurance issuer or its contracted utilization review |
organization must establish a mechanism to ensure health care |
professionals have access to appropriately trained and |
licensed clinical personnel who have access to physicians for |
consultation, designated by the plan to make such |
|
determinations for prior authorization concerning urgent care |
services.
|
Section 35. Personnel qualified to make adverse |
determinations of a prior authorization request. A health |
insurance issuer or its contracted utilization review |
organization must ensure that all adverse determinations are |
made by a physician when the request is by a physician or a |
representative of a physician. The physician must:
|
(1) possess a current and valid nonrestricted license |
in any United States jurisdiction;
and |
(2) have experience treating and managing patients |
with the medical condition or disease for which the health |
care service is being requested.
|
Notwithstanding the foregoing, a licensed health care |
professional who satisfies the requirements of this Section |
may make an adverse determination of a prior authorization |
request submitted by a health care professional licensed in |
the same profession. |
Section 40. Requirements for adverse determination. If a |
health insurance issuer or its contracted utilization review |
organization makes an adverse determination, the health |
insurance issuer or its contracted utilization review |
organization shall include the following in the notification |
to the enrollee, the enrollee's health care professional, and |
|
the enrollee's health care provider: |
(1) the reasons for the adverse determination and |
related evidence-based criteria, including a description |
of any missing or insufficient documentation; |
(2) the right to appeal the adverse determination; |
(3) instructions on how to file the appeal; and |
(4) additional documentation necessary to support the |
appeal. |
Section 45. Requirements applicable to the personnel who |
can review appeals. A health insurance issuer or its |
contracted utilization review organization must ensure that |
all appeals are reviewed by a physician when the request is by |
a physician or a representative of a physician. The physician |
must:
|
(1) possess a current and valid nonrestricted license |
to practice medicine in any United States jurisdiction;
|
(2) be in the same or similar specialty as a physician |
who typically manages the medical condition or disease;
|
(3) be knowledgeable of, and have experience |
providing, the health care services under appeal;
|
(4) not have been directly involved in making the |
adverse determination; and
|
(5) consider all known clinical aspects of the health |
care service under review, including, but not limited to, |
a review of all pertinent medical records provided to the |
|
health insurance issuer or its contracted utilization |
review organization by the enrollee's health care |
professional or health care provider and any medical |
literature provided to the health insurance issuer or its |
contracted utilization review organization by the health |
care professional or health care provider.
|
Notwithstanding the foregoing, a licensed health care |
professional who satisfies the requirements in this Section |
may review appeal requests submitted by a health care |
professional licensed in the same profession. |
Section 50. Review of prior authorization requirements. A |
health insurance issuer shall periodically review its prior |
authorization requirements and consider removal of prior |
authorization requirements:
|
(1) where a medication or procedure prescribed is |
customary and properly indicated or is a treatment for the |
clinical indication as supported by peer-reviewed medical |
publications;
or |
(2) for patients currently managed with an established |
treatment regimen. |
Section 55. Denial.
|
(a) The health insurance issuer or its contracted |
utilization review organization may not revoke or further |
limit, condition, or restrict a previously issued prior |
|
authorization approval while it remains valid under this Act.
|
(b) Notwithstanding any other provision of law, if a claim |
is properly coded and submitted timely to a health insurance |
issuer, the health insurance issuer shall make payment |
according to the terms of coverage on claims for health care |
services for which prior authorization was required and |
approval received before the rendering of health care |
services, unless one of the following occurs:
|
(1) it is timely determined that the enrollee's health |
care professional or health care provider knowingly |
provided health care services that required prior |
authorization from the health insurance issuer or its |
contracted utilization review organization without first |
obtaining prior authorization for those health care |
services;
|
(2) it is timely determined that the health care |
services claimed were not performed;
|
(3) it is timely determined that the health care |
services rendered were contrary to the instructions of the |
health insurance issuer or its contracted utilization |
review organization or delegated reviewer if contact was |
made between those parties before the service being |
rendered;
|
(4) it is timely determined that the enrollee |
receiving such health care services was not an enrollee of |
the health care plan; or
|
|
(5) the approval was based upon a material |
misrepresentation by the enrollee, health care |
professional, or health care provider; as used in this |
paragraph (5), "material" means a fact or situation that |
is not merely technical in nature and results or could |
result in a substantial change in the situation.
|
(c) Nothing in this Section shall preclude a utilization |
review organization or a health insurance issuer from |
performing post-service reviews of health care claims for |
purposes of payment integrity or for the prevention of fraud, |
waste, or abuse. |
Section 60. Length of prior authorization approval. A |
prior authorization approval shall be valid for the lesser of |
6 months after the date the health care professional or health |
care provider receives the prior authorization approval or the |
length of treatment as determined by the patient's health care |
professional or the renewal of the plan, and the approval |
period shall be effective regardless of any changes, including |
any changes in dosage for a prescription drug prescribed by |
the health care professional. All dosage increases must be |
based on established evidentiary standards and nothing in this |
Section shall prohibit a health insurance issuer from having |
safety edits in place. This Section shall not apply to the |
prescription of benzodiazepines or Schedule II narcotic drugs, |
such as opioids. Except to the extent required by medical |
|
exceptions processes for prescription drugs set forth in |
Section 45.1 of the Managed Care Reform and Patient Rights |
Act, nothing in this Section shall require a policy to cover |
any care, treatment, or services for any health condition that |
the terms of coverage otherwise completely exclude from the |
policy's covered benefits without regard for whether the care, |
treatment, or services are medically necessary. |
Section 65. Length of prior authorization approval for |
treatment for chronic or long-term conditions. If a health |
insurance issuer requires a prior authorization for a |
recurring health care service or maintenance medication for |
the treatment of a chronic or long-term condition, the |
approval shall remain valid for the lesser of 12 months from |
the date the health care professional or health care provider |
receives the prior authorization approval or the length of the |
treatment as determined by the patient's health care |
professional. This Section shall not apply to the prescription |
of benzodiazepines or Schedule II narcotic drugs, such as |
opioids. Except to the extent required by medical exceptions |
processes for prescription drugs set forth in Section 45.1 of |
the Managed Care Reform and Patient Rights Act, nothing in |
this Section shall require a policy to cover any care, |
treatment, or services for any health condition that the terms |
of coverage otherwise completely exclude from the policy's |
covered benefits without regard for whether the care, |
|
treatment, or services are medically necessary. |
Section 70. Continuity of care for enrollees.
|
(a) On receipt of information documenting a prior |
authorization approval from the enrollee or from the |
enrollee's health care professional or health care provider, a |
health insurance issuer shall honor a prior authorization |
granted to an enrollee from a previous health insurance issuer |
or its contracted utilization review organization for at least |
the initial 90 days of an enrollee's coverage under a new |
health plan, subject to the terms of the member's coverage |
agreement.
|
(b) During the time period described in subsection (a), a |
health insurance issuer or its contracted utilization review |
organization may perform its own review to grant a prior |
authorization approval subject to the terms of the member's |
coverage agreement.
|
(c) If there is a change in coverage of or approval |
criteria for a previously authorized health care service, the |
change in coverage or approval criteria does not affect an |
enrollee who received prior authorization approval before the |
effective date of the change for the remainder of the |
enrollee's plan year.
|
(d) Except to the extent required by medical exceptions |
processes for prescription drugs, nothing in this Section |
shall require a policy to cover any care, treatment, or |
|
services for any health condition that the terms of coverage |
otherwise completely exclude from the policy's covered |
benefits without regard for whether the care, treatment, or |
services are medically necessary.
|
Section 75. Health care services deemed authorized if a |
health insurance issuer or its contracted utilization review |
organization fails to comply with the requirements of this |
Act. A failure by a health insurance issuer or its contracted |
utilization review organization to comply with the deadlines |
and other requirements specified in this Act shall result in |
any health care services subject to review to be automatically |
deemed authorized by the health insurance issuer or its |
contracted utilization review organization. |
Section 80. Severability. If any provision of this Act or |
its application to any person or circumstance is held invalid, |
the invalidity does not affect other provisions or |
applications of this Act that can be given effect without the |
invalid provision or application, and to this end the |
provisions of this Act are declared to be severable. |
Section 85. Administration and enforcement.
|
(a) The Department shall enforce the provisions of this |
Act pursuant to the enforcement powers granted to it by law. To |
enforce the provisions of this Act, the Director is hereby |
|
granted specific authority to issue a cease and desist order |
or require a utilization review organization or health |
insurance issuer to submit a plan of correction for violations |
of this Act, or both, in accordance with the requirements and |
authority set forth in Section 85 of the Managed Care Reform |
and Patient Rights Act. Subject to the provisions of the |
Illinois Administrative Procedure Act, the Director may, |
pursuant to Section 403A of the Illinois Insurance Code, |
impose upon a utilization review organization or health |
insurance issuer an administrative fine not to exceed $250,000 |
for failure to submit a requested plan of correction, failure |
to comply with its plan of correction, or repeated violations |
of this Act.
|
(b) Any person who believes that his or her utilization |
review organization or health insurance issuer is in violation |
of the provisions of this Act may file a complaint with the |
Department. The Department shall review all complaints |
received and investigate all complaints that it deems to state |
a potential violation. The Department shall fairly, |
efficiently, and timely review and investigate complaints. |
Health insurance issuers and utilization review organizations |
found to be in violation of this Act shall be penalized in |
accordance with this Section.
|
(c) The Department of Healthcare and Family Services shall |
enforce the provisions of this Act as it applies to persons |
enrolled under Article V of the Illinois Public Aid Code or |
|
under the Children's Health Insurance Program Act.
|
Section 900. The Illinois Insurance Code is amended by |
changing Sections 155.36 and 370g as follows:
|
(215 ILCS 5/155.36)
|
Sec. 155.36. Managed Care Reform and Patient Rights Act. |
Insurance
companies that transact the kinds of insurance |
authorized under Class 1(b) or
Class 2(a) of Section 4 of this |
Code shall comply
with Sections 45, 45.1, 45.2, 65, 70, and 85, |
subsection (d) of Section 30, and the definition of the term |
"emergency medical
condition" in Section
10 of the Managed |
Care Reform and Patient Rights Act.
|
(Source: P.A. 101-608, eff. 1-1-20.)
|
(215 ILCS 5/370g) (from Ch. 73, par. 982g)
|
Sec. 370g. Definitions. As used in this Article, the |
following definitions
apply:
|
(a) "Health care services" means health care services or |
products
rendered or sold by a provider within the scope of the |
provider's license
or legal authorization. The term includes, |
but is not limited to, hospital,
medical, surgical, dental, |
vision and pharmaceutical services or products.
|
(b) "Insurer" means an insurance company or a health |
service corporation
authorized in this State to issue policies |
or subscriber contracts which
reimburse for expenses of health |
|
care services.
|
(c) "Insured" means an individual entitled to |
reimbursement for expenses
of health care services under a |
policy or subscriber contract issued or
administered by an |
insurer.
|
(d) "Provider" means an individual or entity duly licensed |
or legally
authorized to provide health care services.
|
(e) "Noninstitutional provider" means any person licensed |
under the Medical
Practice Act of 1987, as now or hereafter |
amended.
|
(f) "Beneficiary" means an individual entitled to |
reimbursement for
expenses of or the discount of provider fees |
for health care services under
a program where the beneficiary |
has an incentive to utilize the services of a
provider which |
has entered into an agreement or arrangement with an
|
administrator.
|
(g) "Administrator" means any person, partnership or |
corporation, other
than an insurer or health maintenance |
organization holding a certificate of
authority under the |
"Health Maintenance Organization Act", as now or hereafter
|
amended, that arranges, contracts with, or administers |
contracts with a
provider whereby beneficiaries are provided |
an incentive to use the services of
such provider.
|
(h) "Emergency medical condition" has the meaning given to |
that term in Section 10 of the Managed Care Reform and Patient |
Rights Act. means a medical condition manifesting
itself
by
|
|
acute symptoms of sufficient severity (including severe
pain) |
such that a prudent
layperson, who possesses an average |
knowledge of health and medicine, could
reasonably expect the |
absence of immediate medical attention to result in:
|
(1) placing the health of the individual (or, with |
respect to a pregnant
woman, the
health of the woman or her |
unborn child) in serious jeopardy;
|
(2) serious
impairment to bodily functions; or
|
(3) serious dysfunction of any bodily organ
or part.
|
(Source: P.A. 91-617, eff. 1-1-00.)
|
Section 905. The Managed Care Reform and Patient Rights |
Act is amended by changing Section 10 as follows:
|
(215 ILCS 134/10)
|
Sec. 10. Definitions.
|
"Adverse determination" means a determination by a health |
care plan under
Section 45 or by a utilization review program |
under Section
85 that
a health care service is not medically |
necessary.
|
"Clinical peer" means a health care professional who is in |
the same
profession and the same or similar specialty as the |
health care provider who
typically manages the medical |
condition, procedures, or treatment under
review.
|
"Department" means the Department of Insurance.
|
"Emergency medical condition" means a medical condition |
|
manifesting itself by
acute symptoms of sufficient severity, |
regardless of the final diagnosis given, such that a prudent
|
layperson, who possesses an average knowledge of health and |
medicine, could
reasonably expect the absence of immediate |
medical attention to result in:
|
(1) placing the health of the individual (or, with |
respect to a pregnant
woman, the
health of the woman or her |
unborn child) in serious jeopardy;
|
(2) serious
impairment to bodily functions;
|
(3) serious dysfunction of any bodily organ
or part;
|
(4) inadequately controlled pain; or |
(5) with respect to a pregnant woman who is having |
contractions: |
(A) inadequate time to complete a safe transfer to |
another hospital before delivery; or |
(B) a transfer to another hospital may pose a |
threat to the health or safety of the woman or unborn |
child. |
"Emergency medical screening examination" means a medical |
screening
examination and
evaluation by a physician licensed |
to practice medicine in all its branches, or
to the extent |
permitted
by applicable laws, by other appropriately licensed |
personnel under the
supervision of or in
collaboration with a |
physician licensed to practice medicine in all its
branches to |
determine whether
the need for emergency services exists.
|
"Emergency services" means, with respect to an enrollee of |
|
a health care
plan,
transportation services, including but not |
limited to ambulance services, and
covered inpatient and |
outpatient hospital services
furnished by a provider
qualified |
to furnish those services that are needed to evaluate or |
stabilize an
emergency medical condition. "Emergency services" |
does not
refer to post-stabilization medical services.
|
"Enrollee" means any person and his or her dependents |
enrolled in or covered
by a health care plan.
|
"Health care plan" means a plan, including, but not |
limited to, a health maintenance organization, a managed care |
community network as defined in the Illinois Public Aid Code, |
or an accountable care entity as defined in the Illinois |
Public Aid Code that receives capitated payments to cover |
medical services from the Department of Healthcare and Family |
Services, that establishes, operates, or maintains a
network |
of health care providers that has entered into an agreement |
with the
plan to provide health care services to enrollees to |
whom the plan has the
ultimate obligation to arrange for the |
provision of or payment for services
through organizational |
arrangements for ongoing quality assurance,
utilization review |
programs, or dispute resolution.
Nothing in this definition |
shall be construed to mean that an independent
practice |
association or a physician hospital organization that |
subcontracts
with
a health care plan is, for purposes of that |
subcontract, a health care plan.
|
For purposes of this definition, "health care plan" shall |
|
not include the
following:
|
(1) indemnity health insurance policies including |
those using a contracted
provider network;
|
(2) health care plans that offer only dental or only |
vision coverage;
|
(3) preferred provider administrators, as defined in |
Section 370g(g) of
the
Illinois Insurance Code;
|
(4) employee or employer self-insured health benefit |
plans under the
federal Employee Retirement Income |
Security Act of 1974;
|
(5) health care provided pursuant to the Workers' |
Compensation Act or the
Workers' Occupational Diseases |
Act; and
|
(6) not-for-profit voluntary health services plans |
with health maintenance
organization
authority in |
existence as of January 1, 1999 that are affiliated with a |
union
and that
only extend coverage to union members and |
their dependents.
|
"Health care professional" means a physician, a registered |
professional
nurse,
or other individual appropriately licensed |
or registered
to provide health care services.
|
"Health care provider" means any physician, hospital |
facility, facility licensed under the Nursing Home Care Act, |
long-term care facility as defined in Section 1-113 of the |
Nursing Home Care Act, or other
person that is licensed or |
otherwise authorized to deliver health care
services. Nothing |
|
in this
Act shall be construed to define Independent Practice |
Associations or
Physician-Hospital Organizations as health |
care providers.
|
"Health care services" means any services included in the |
furnishing to any
individual of medical care, or the
|
hospitalization incident to the furnishing of such care, as |
well as the
furnishing to any person of
any and all other |
services for the purpose of preventing,
alleviating, curing, |
or healing human illness or injury including behavioral |
health, mental health, home health ,
and pharmaceutical |
services and products.
|
"Medical director" means a physician licensed in any state |
to practice
medicine in all its
branches appointed by a health |
care plan.
|
"Person" means a corporation, association, partnership,
|
limited liability company, sole proprietorship, or any other |
legal entity.
|
"Physician" means a person licensed under the Medical
|
Practice Act of 1987.
|
"Post-stabilization medical services" means health care |
services
provided to an enrollee that are furnished in a |
licensed hospital by a provider
that is qualified to furnish |
such services, and determined to be medically
necessary and |
directly related to the emergency medical condition following
|
stabilization.
|
"Stabilization" means, with respect to an emergency |
|
medical condition, to
provide such medical treatment of the |
condition as may be necessary to assure,
within reasonable |
medical probability, that no material deterioration
of the |
condition is likely to result.
|
"Utilization review" means the evaluation of the medical |
necessity,
appropriateness, and efficiency of the use of |
health care services, procedures,
and facilities.
|
"Utilization review program" means a program established |
by a person to
perform utilization review.
|
(Source: P.A. 101-452, eff. 1-1-20 .)
|
Section 910. The Illinois Public Aid Code is amended by |
adding Section 5-5.12d as follows: |
(305 ILCS 5/5-5.12d new) |
Sec. 5-5.12d. Managed care organization prior |
authorization of health care services. |
(a) As used in this Section, "health care service" has the |
meaning given to that term in the Prior Authorization Reform |
Act. |
(b) Notwithstanding any other provision of law to the |
contrary, all managed care organizations shall comply with the |
requirements of the Prior Authorization Reform Act.
|
Section 999. Effective date. This Act takes effect January |
1, 2022.
|