Public Act 097-0563
 
HB1973 EnrolledLRB097 09421 CEL 49556 b


  
    AN ACT concerning State government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Illinois Optometric Practice Act of 1987 is 
amended  by changing Section 24.2 as follows:
 
    (225 ILCS 80/24.2)

    (Section scheduled to be repealed on January 1, 2017)
    Sec. 24.2. Prohibition against fee splitting. 
    (a) A licensee under this Act may not directly or 
indirectly divide, share or split any professional fee or other 
form of compensation for professional services with anyone in 
exchange for a referral or otherwise, other than as provided in 
this Section 24.2.
    (b) Nothing contained in this Section abrogates the right 
of 2 or more licensed health care workers as defined in the 
Health Care Worker Self-referral Act to each receive adequate 
compensation for concurrently rendering services to a patient 
and to divide the fee for such service, whether or not the 
worker is employed, provided that the patient has full 
knowledge of the division and the division is made in 
proportion to the actual services personally performed and 
responsibility assumed by each licensee consistent with his or 
her license, except as prohibited by law.
    (c) Nothing contained in this Section prohibits a licensee 
under this Act from practicing optometry through or within any 
form of legal entity authorized to conduct business in this 
State or from pooling, sharing, dividing, or apportioning the 
professional fees and other revenues in accordance with the 
agreements and policies of the entity provided:
        (1) each owner of the entity is licensed under this 
    Act;
        (2) the entity is organized under the Professional 
    Services Corporation Act or , the Professional Association 
    Act, or the Limited Liability Company Act;
        (3) the entity is (i) allowed by Illinois law to 
    provide optometric services or employ optometrists such as 
    a licensed hospital or hospital affiliate or (ii) a 
    licensed ambulatory surgical treatment center owned in 
    full or in part by Illinois-licensed physicians or 
    optometrists in accordance with Section 8 of this Act; or
        (4) the entity is a combination or joint venture of the 
    entities authorized under this subsection (c). 
    (d) Nothing contained in this Section prohibits a licensee 
under this Act from paying a fair market value fee to any 
person or entity whose purpose is to perform billing, 
administrative preparation, or collection services based upon 
a percentage of professional service fees billed or collected, 
a flat fee, or any other arrangement that directly or 
indirectly divides professional fees, for the administrative 
preparation of the licensee's claims or the collection of the 
licensee's charges for professional services, provided that:
        (i) the licensee or the licensee's practice under 
    subsection (c) at all times controls the amount of fees 
    charged and collected; and
        (ii) all charges collected are paid directly to the 
    licensee or the licensee's practice or are deposited 
    directly into an account in the name of and under the sole 
    control of the licensee or the licensee's practice or 
    deposited into a "Trust Account" by a licensed collection 
    agency in accordance with the requirements of Section 8(c) 
    of the Illinois Collection Agency Act.
    (e) Nothing contained in this Section prohibits the 
granting of a security interest in the accounts receivable or 
fees of a licensee under this Act or the licensee's practice 
for bona fide advances made to the licensee or licensee's 
practice provided the licensee retains control and 
responsibility for the collection of the accounts receivable 
and fees.
    (f) Excluding payments that may be made to the owners of or 
licensees in the licensee's practice under subsection (c), a 
licensee under this Act may not divide, share or split a 
professional service fee with, or otherwise directly or 
indirectly pay a percentage of the licensee's professional 
service fees, revenues or profits to anyone for: (i) the 
marketing or management of the licensee's practice, (ii) 
including the licensee or the licensee's practice on any 
preferred provider list, (iii) allowing the licensee to 
participate in any network of health care providers, (iv) 
negotiating fees, charges or terms of service or payment on 
behalf of the licensee, or (v) including the licensee in a 
program whereby patients or beneficiaries are provided an 
incentive to use the services of the licensee.
    (g)  Nothing contained in this Section prohibits the payment 
of rent or other remunerations paid to an individual, 
partnership, or corporation by a licensee for the lease, 
rental, or use of space, owned or controlled by the individual, 
partnership, corporation, or association.
    (h) Nothing contained in this Section prohibits the 
payment, at no more than fair market value, to an individual, 
partnership, or corporation by a licensee for the use of staff, 
administrative services, franchise agreements, marketing 
required by franchise agreements, or equipment owned or 
controlled by the individual, partnership, or corporation, or 
the receipt thereof by a licensee. 

(Source: P.A. 96-608, eff. 8-24-09.)
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.