Public Act 097-0690
 
SB3261 EnrolledLRB097 19240 RPM 65186 b


  
    AN ACT concerning health facilities.
  
 
    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 
adding Section 27 as follows:
 
    (210 ILCS 88/27 new)
    Sec. 27. Application Procedures for Financial Assistance. 
    (a)  Applications.  The Attorney General shall, by rule, 
adopt standard provisions to be included in all applications 
for financial assistance no later than June 30, 2013.  On or 
before January 1, 2013, a statewide association representing a 
majority of hospitals may submit to the Attorney General 
recommendations concerning standard provisions to be used in an 
application for financial assistance, and the Attorney General 
shall take those recommendations into account when adopting 
rules under this subsection.
    (b) Presumptive Eligibility.  The Attorney General shall, 
by rule, adopt appropriate methodologies for the determination 
of presumptive eligibility no later than June 30, 2013.  On or 
before January 1, 2013, a statewide association representing a 
majority of hospitals may submit to the Attorney General 
recommendations concerning those methodologies, and the 
Attorney General shall take those recommendations into account 
when adopting rules under this subsection. 
 
    Section 10. The Hospital Uninsured Patient Discount Act is 
amended  by changing Section 10 as follows:
 
    (210 ILCS 89/10)

    Sec. 10. Uninsured patient discounts. 
    (a) Eligibility.
        (1) A hospital, other than a rural hospital or Critical 
    Access Hospital, shall provide a discount from its charges 
    to any uninsured patient who applies for a discount and has 
    family income of not more than 600% of the federal poverty 
    income guidelines for all medically necessary health care 
    services exceeding $300 in any one inpatient admission or 
    outpatient encounter.
        (2) A hospital, other than a rural hospital or Critical 
    Access Hospital, shall provide a charitable discount of 
    100% of its charges for all medically necessary health care 
    services exceeding $300 in any one inpatient admission or 
    outpatient encounter to any uninsured patient who applies 
    for a discount and has family income of not more than 200% 
    of the federal poverty income guidelines. 
        (3) (2) A rural hospital or Critical Access Hospital 
    shall provide a discount from its charges to any uninsured 
    patient who applies for a discount and has annual family 
    income of not more than 300% of the federal poverty income 
    guidelines for all medically necessary health care 
    services exceeding $300 in any one inpatient admission or 
    outpatient encounter.
        (4) A rural hospital or Critical Access Hospital shall 
    provide a charitable discount of 100% of its charges for 
    all medically necessary health care services exceeding 
    $300 in any one inpatient admission or outpatient encounter 
    to any uninsured patient who applies for a discount and has 
    family income of not more than 125% of the federal poverty 
    income guidelines. 
    (b) Discount. For all health care services exceeding $300 
in any one inpatient admission or outpatient encounter, a 
hospital shall not collect from an uninsured patient, deemed 
eligible under subsection (a), more than its charges less the 
amount of the uninsured discount.
    (c) Maximum Collectible Amount.
        (1) The maximum amount that may be collected in a 12 
    month period for health care services provided by the 
    hospital from a patient determined by that hospital to be 
    eligible under subsection (a) is 25% of the patient's 
    family income, and is subject to the patient's continued 
    eligibility under this Act.
        (2) The 12 month period to which the maximum amount 
    applies shall begin on the first date, after the effective 
    date of this Act, an uninsured patient receives health care 
    services that are determined to be eligible for the 
    uninsured discount at that hospital.
        (3) To be eligible to have this maximum amount applied 
    to subsequent charges, the uninsured patient shall inform 
    the hospital in subsequent inpatient admissions or 
    outpatient encounters that the patient has previously 
    received health care services from that hospital and was 
    determined to be entitled to the uninsured discount.
        (4) Hospitals may adopt policies to exclude an 
    uninsured patient from the application of subdivision 
    (c)(1) when the patient owns assets having a value in 
    excess of 600% of the federal poverty level for hospitals 
    in a metropolitan statistical area or owns assets having a 
    value in excess of 300% of the federal poverty level for 
    Critical Access Hospitals or hospitals outside a 
    metropolitan statistical area, not counting the following 
    assets: the uninsured patient's primary residence; 
    personal property exempt from judgment under Section 
    12-1001 of the Code of Civil Procedure; or any amounts held 
    in a pension or retirement plan, provided, however, that 
    distributions and payments from pension or retirement 
    plans may be included as income for the purposes of this 
    Act.
    (d) Each hospital bill, invoice, or other summary of 
charges to an uninsured patient shall include with it, or on 
it, a prominent statement that an uninsured patient who meets 
certain income requirements may qualify for an uninsured 
discount and information regarding how an uninsured patient may 
apply for consideration under the hospital's financial 
assistance policy.

(Source: P.A. 95-965, eff. 12-22-08.)
 

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