104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3517

 

Introduced 2/5/2026, by Sen. Ram Villivalam

 

SYNOPSIS AS INTRODUCED:
 
215 ILCS 5/356z.3a
215 ILCS 125/4-15  from Ch. 111 1/2, par. 1409.8

    Amends the Illinois Insurance Code. In provisions concerning the payment of nonparticipating ground ambulance service providers, makes changes to defined term, removes jurisdictional provisions, and provides that, for nonparticipating ground ambulance service providers owned and operated by (instead of subject to) a unit of local government, a rate shall be paid that is equal to the rate established or approved by the governing body of the unit of local government providing the ground ambulance service. Establishes a rate of pay for nonparticipating ground ambulance service providers that are not owned and operated by (instead of subject to the jurisdiction of) a unit of local government. Amends the Health Maintenance Organization Act. Replaces provisions concerning coverage for emergency transportation by ambulance with provisions concerning coverage for ground ambulance service.


LRB104 18998 BAB 32443 b

 

 

A BILL FOR

 

SB3517LRB104 18998 BAB 32443 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Insurance Code is amended by
5changing Section 356z.3a as follows:
 
6    (215 ILCS 5/356z.3a)
7    Sec. 356z.3a. Billing; emergency services;
8nonparticipating 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
11nonparticipating ground ambulance service providers, the
12average of the provider's gross charge rates in place for each
13individual charge described in subsection (b-15) of this
14Section for dates of service that fall within the 12-month
15period ending on June 30 immediately preceding the date on
16which the reporting of average gross charge rates is required.
17    "Cost sharing" means the amount an insured, beneficiary,
18or enrollee is responsible for paying for a covered item or
19service under the terms of the policy or certificate. "Cost
20sharing" includes copayments, coinsurance, and amounts paid
21toward deductibles, but does not include amounts paid towards
22premiums, balance billing by out-of-network providers, or the
23cost of items or services that are not covered under the policy
24or certificate.
25    "Emergency department of a hospital" means any hospital
26department that provides emergency services, including a

 

 

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1hospital outpatient department.
2    "Emergency medical condition" has the meaning ascribed to
3that term in Section 10 of the Managed Care Reform and Patient
4Rights Act.
5    "Emergency medical screening examination" has the meaning
6ascribed to that term in Section 10 of the Managed Care Reform
7and Patient Rights Act.
8    "Emergency services" means, with respect to an emergency
9medical 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
6ambulance service provided by ground ambulance service
7providers, regardless of whether the patient was transported,
8if the service was provided pursuant to a request to 9-1-1 or
9an equivalent telephone number, texting system, or other
10method of summoning emergency service or if the service
11provided was provided when a patient's condition, at the time
12of service, was considered to be an emergency medical
13condition as determined by a physician licensed under the
14Medical Practice Act of 1987.
15    "Evaluation" means, with respect to emergency ground
16ambulance service, the provision of a medical screening
17examination to determine whether an emergency medical
18condition exists.
19    "Freestanding Emergency Center" means a facility licensed
20under Section 32.5 of the Emergency Medical Services (EMS)
21Systems Act.
22    "Ground ambulance service" means both medical
23transportation service that is described as ground ambulance
24service by the Centers for Medicare and Medicaid Services and
25medical nontransportation service, such as evaluation without
26transport, treatment without transport, or paramedic

 

 

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1intercept, and that is, in either case, provided in a vehicle
2that is licensed as an ambulance under the Emergency Medical
3Services (EMS) Systems Act or by EMS Personnel assigned to a
4vehicle that is licensed as an ambulance under the Emergency
5Medical Services (EMS) Systems Act. "Ground ambulance service"
6may include any combination of the following: emergency ground
7ambulance service in a ground ambulance, urgent ground
8ambulance service, evaluation without treatment, treatment
9without transport, and paramedic intercept.
10    "Ground ambulance service provider" means a vehicle
11service provider under the Emergency Medical Services (EMS)
12Systems Act that operates licensed ground ambulances for the
13purpose of providing emergency ground ambulance services,
14urgent ground ambulances services, or both. "Ground ambulance
15service provider" includes both ambulance providers and
16ambulance suppliers as described by the Centers for Medicare
17and Medicaid Services.
18    "Health care facility" means, in the context of
19non-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
4subsection (d) of Section 370g. "Health care provider" does
5not include a provider of air ambulance or ground ambulance
6services.
7    "Health care services" has the meaning ascribed to that
8term in subsection (a) of Section 370g.
9    "Health insurance issuer" has the meaning ascribed to that
10term in Section 5 of the Illinois Health Insurance Portability
11and Accountability Act.
12    "Nonparticipating emergency facility" means, with respect
13to the furnishing of an item or service under a policy of group
14or individual health insurance coverage, any of the following
15facilities that does not have a contractual relationship
16directly or indirectly with a health insurance issuer in
17relation 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"
26means, with respect to the furnishing of an item or services

 

 

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1under a policy of group or individual health insurance
2coverage, any ground ambulance service provider that does not
3have a contractual relationship directly or indirectly with a
4health insurance issuer in relation to the coverage.
5    "Nonparticipating provider" means, with respect to the
6furnishing of an item or service under a policy of group or
7individual health insurance coverage, any health care provider
8who does not have a contractual relationship directly or
9indirectly with a health insurance issuer in relation to the
10coverage.
11    "Paramedic intercept" means a service in which a vehicle
12licensed under the Emergency Medical Services (EMS) Systems
13Act ground ambulance staffed by licensed advanced life support
14EMS Personnel paramedics rendezvouses with a ground ambulance
15staffed with basic life support or intermediate life support
16EMS Personnel nonparamedics to provide advanced life support
17care. As used in this definition, "advanced life support care"
18means life support care that is warranted when a patient's
19condition and need for treatment exceed the basic life support
20or intermediate life support level of care.
21    "Participating emergency facility" means any of the
22following facilities that has a contractual relationship
23directly or indirectly with a health insurance issuer offering
24group or individual health insurance coverage setting forth
25the terms and conditions on which a relevant health care
26service is provided to an insured, beneficiary, or enrollee

 

 

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1under 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
10between an emergency facility and an issuer that is used to
11address unique situations in which an insured, beneficiary, or
12enrollee requires services that typically occur out-of-network
13constitutes a contractual relationship and is limited to the
14parties to the agreement.
15    "Participating ground ambulance service provider" means
16any ground ambulance service provider that has a contractual
17relationship directly or indirectly with a health insurance
18issuer offering group or individual health insurance coverage
19setting forth the terms and conditions on which a relevant
20health care service is provided to an insured, beneficiary, or
21enrollee under the coverage. As used in this definition, a
22single case agreement between a ground ambulance service
23provider and a health insurance issuer that is used to address
24unique situations in which an insured, beneficiary, or
25enrollee requires services that typically occur out-of-network
26constitutes a contractual relationship and is limited to the

 

 

SB3517- 9 -LRB104 18998 BAB 32443 b

1parties of the agreement.
2    "Participating health care facility" means any health care
3facility that has a contractual relationship directly or
4indirectly with a health insurance issuer offering group or
5individual health insurance coverage setting forth the terms
6and conditions on which a relevant health care service is
7provided to an insured, beneficiary, or enrollee under the
8coverage. A single case agreement between an emergency
9facility and an issuer that is used to address unique
10situations in which an insured, beneficiary, or enrollee
11requires services that typically occur out-of-network
12constitutes a contractual relationship for purposes of this
13definition and is limited to the parties to the agreement.
14    "Participating provider" means any health care provider
15that has a contractual relationship directly or indirectly
16with a health insurance issuer offering group or individual
17health insurance coverage setting forth the terms and
18conditions on which a relevant health care service is provided
19to an insured, beneficiary, or enrollee under the coverage.
20    "Qualifying payment amount" has the meaning given to that
21term in 42 U.S.C. 300gg-111(a)(3)(E) and the regulations
22promulgated thereunder.
23    "Recognized amount" means, except as otherwise provided in
24this Section, the lesser of the amount initially billed by the
25provider or the qualifying payment amount.
26    "Stabilize" means "stabilization" as defined in Section 10

 

 

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1of the Managed Care Reform and Patient Rights Act.
2    "Treating provider" means a health care provider who has
3evaluated the individual.
4    "Treatment" means, with respect to the provision of
5emergency ground ambulance service, the provision of an
6evaluation and either (i) a therapy or therapeutic agent used
7to treat an emergency medical condition or (ii) a procedure
8used to treat an emergency medical condition.
9    "Urgent ground ambulance service" means ground ambulance
10service that is deemed medically necessary by a health care
11professional and is required within 12 hours after the
12certification of the need for the service.
13    "Visit" means, with respect to health care services
14furnished to an individual at a health care facility, health
15care services furnished by a provider at the facility, as well
16as equipment, devices, telehealth services, imaging services,
17laboratory services, and preoperative and postoperative
18services regardless of whether the provider furnishing such
19services is at the facility.
20    (b) Emergency services. When a beneficiary, insured, or
21enrollee receives emergency services from a nonparticipating
22provider or a nonparticipating emergency facility, the health
23insurance issuer shall ensure that the beneficiary, insured,
24or enrollee shall incur no greater out-of-pocket costs than
25the beneficiary, insured, or enrollee would have incurred with
26a participating provider or a participating emergency

 

 

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1facility. Any cost-sharing requirements shall be applied as
2though the emergency services had been received from a
3participating provider or a participating facility. Cost
4sharing shall be calculated based on the recognized amount for
5the emergency services. If the cost sharing for the same item
6or service furnished by a participating provider would have
7been a flat-dollar copayment, that amount shall be the
8cost-sharing amount unless the provider has billed a lesser
9total amount. In no event shall the beneficiary, insured,
10enrollee, or any group policyholder or plan sponsor be liable
11to or billed by the health insurance issuer, the
12nonparticipating provider, or the nonparticipating emergency
13facility for any amount beyond the cost sharing calculated in
14accordance with this subsection with respect to the emergency
15services delivered. Administrative requirements or limitations
16shall be no greater than those applicable to emergency
17services received from a participating provider or a
18participating emergency facility.
19    (b-5) Non-emergency services at participating health care
20facilities.
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

 

 

SB3517- 14 -LRB104 18998 BAB 32443 b

1nonparticipating 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 owned and operated by subject to a unit of
13        local government that has jurisdiction over where the
14        service was provided, a rate that is equal to the rate
15        established or approved by the governing body of the
16        unit of local government providing the ground
17        ambulance service having jurisdiction for that area or
18        subarea; or
19            (B) for nonparticipating ground ambulance service
20        providers that are not owned and operated by subject
21        to the jurisdiction of a unit of local government, a
22        rate that is equal to the lesser of (i) the negotiated
23        rate between the nonparticipating ground ambulance
24        service provider and the health insurance issuer; (ii)
25        85% of the nonparticipating ground ambulance service
26        provider's billed charges; or (iii) the average gross

 

 

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1        charge rate in effect for the date of service in
2        question for a base charge and, if applicable, a
3        loaded mileage charge, the nonparticipating ground
4        ambulance service provider has filed with the
5        Department of Public Health in accordance with
6        subsection (b-15).
7            By accepting the payment from the health insurance
8        issuer, the nonparticipating ground ambulance service
9        provider shall not seek any payment from the
10        beneficiary, insured, or enrollee for any amount that
11        exceeds the deductible, coinsurance, or copay for
12        services provided to the beneficiary, insured, or
13        enrollee.
14    (b-15) Beginning on October 1, 2026, and each October 1
15thereafter, each nonparticipating ground ambulance service
16provider shall file annually with the Department of Public
17Health, in the form and manner prescribed by the Department of
18Public Health, its average gross charge rates and any other
19information required by the Department of Public Health, by
20rule, for each of the following ground ambulance charge
21descriptions, as applicable: (1) basic life support, urgent
22base; (2) basic life support, emergency base; (3) advanced
23life support, urgent, level 1 base; (4) advanced life support,
24emergency, level 1 base; (5) advanced life support, emergency,
25level 2 base; (6) specialty care transport base; (7) emergency
26response, evaluation without transport base; (8) emergency

 

 

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1response, treatment without transport base; (9) emergency
2response, paramedic intercept base; and (10) loaded mileage,
3per loaded mile charge for each of the applicable base charge
4descriptions services. The Department of Public Health shall
5publish the submitted rate information by January 1, 2027 and
6every January 1 thereafter. The Department of Public Health
7may request information from ground ambulance service
8providers and health insurance issuers regarding factors
9contributing to the network status of the ground ambulance
10service providers. The Department of Public Health may, upon
11the submission of rate information, assess a fee to each
12ground ambulance service provider that shall not exceed the
13administrative costs to complete the Department of Public
14Health's obligations in this subsection. The Department of
15Public Health may also request information from nationally
16recognized organizations that provide data on health care
17costs. The Department of Insurance shall direct the health
18insurance issuer to the location in which the information
19reported to the Department of Public Health is stored.
20    (c) Notwithstanding any other provision of this Code,
21except when the notice and consent criteria are satisfied for
22the situation in paragraph (2) of subsection (b-5), any
23benefits a beneficiary, insured, or enrollee receives for
24services under the situations in subsection (b), (b-5),
25(b-10), or (b-15) are assigned to the nonparticipating
26providers, nonparticipating ground ambulance service provider,

 

 

SB3517- 18 -LRB104 18998 BAB 32443 b

1or the facility acting on their behalf. Upon receipt of the
2provider's bill or facility's bill, the health insurance
3issuer shall provide the nonparticipating provider,
4nonparticipating ground ambulance service provider, or the
5facility with a written explanation of benefits that specifies
6the proposed reimbursement and the applicable deductible,
7copayment, or coinsurance amounts owed by the insured,
8beneficiary, or enrollee. The health insurance issuer shall
9pay any reimbursement subject to this Section directly to the
10nonparticipating provider, nonparticipating ground ambulance
11service provider, or the facility.
12    (d) For bills assigned under subsection (c), the
13nonparticipating provider or the facility may bill the health
14insurance issuer for the services rendered, and the health
15insurance issuer may pay the billed amount or attempt to
16negotiate reimbursement with the nonparticipating provider or
17the facility. Within 30 calendar days after the provider or
18facility transmits the bill to the health insurance issuer,
19the issuer shall send an initial payment or notice of denial of
20payment with the written explanation of benefits to the
21provider or facility. If attempts to negotiate reimbursement
22for services provided by a nonparticipating provider do not
23result in a resolution of the payment dispute within 30 days
24after receipt of written explanation of benefits by the health
25insurance issuer, then the health insurance issuer or
26nonparticipating provider or the facility may initiate binding

 

 

SB3517- 19 -LRB104 18998 BAB 32443 b

1arbitration to determine payment for services provided on a
2per-bill or batched-bill basis, in accordance with Section
3300gg-111 of the Public Health Service Act and the regulations
4promulgated thereunder. The party requesting arbitration shall
5notify the other party arbitration has been initiated and
6state its final offer before arbitration. In response to this
7notice, the nonrequesting party shall inform the requesting
8party of its final offer before the arbitration occurs.
9Arbitration shall be initiated by filing a request with the
10Department of Insurance.
11    (e) The Department of Insurance shall publish a list of
12approved arbitrators or entities that shall provide binding
13arbitration. These arbitrators shall be American Arbitration
14Association or American Health Lawyers Association trained
15arbitrators. Both parties must agree on an arbitrator from the
16Department of Insurance's or its approved entity's list of
17arbitrators. If no agreement can be reached, then a list of 5
18arbitrators shall be provided by the Department of Insurance
19or the approved entity. From the list of 5 arbitrators, the
20health insurance issuer can veto 2 arbitrators and the
21provider or facility can veto 2 arbitrators. The remaining
22arbitrator shall be the chosen arbitrator. This arbitration
23shall consist of a review of the written submissions by both
24parties. The arbitrator shall not establish a rebuttable
25presumption that the qualifying payment amount should be the
26total amount owed to the provider or facility by the

 

 

SB3517- 20 -LRB104 18998 BAB 32443 b

1combination of the issuer and the insured, beneficiary, or
2enrollee. Binding arbitration shall provide for a written
3decision within 45 days after the request is filed with the
4Department of Insurance. Both parties shall be bound by the
5arbitrator's decision. The arbitrator's expenses and fees,
6together with other expenses, not including attorney's fees,
7incurred in the conduct of the arbitration, shall be paid as
8provided in the decision.
9    (f) (Blank).
10    (g) Section 368a of this Code Act shall not apply during
11the pendency of a decision under subsection (d). Upon the
12issuance of the arbitrator's decision, Section 368a applies
13with respect to the amount, if any, by which the arbitrator's
14determination exceeds the issuer's initial payment under
15subsection (c), or the entire amount of the arbitrator's
16determination if initial payment was denied. Any interest
17required to be paid to a provider under Section 368a shall not
18accrue until after 30 days of an arbitrator's decision as
19provided in subsection (d), but in no circumstances longer
20than 150 days from the date the nonparticipating
21facility-based provider billed for services rendered.
22    (h) Nothing in this Section shall be interpreted to change
23the prudent layperson provisions with respect to emergency
24services under the Managed Care Reform and Patient Rights Act.
25    (i) Nothing in this Section shall preclude a health care
26provider from billing a beneficiary, insured, or enrollee for

 

 

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1reasonable administrative fees, such as service fees for
2checks returned for nonsufficient funds and missed
3appointments.
4    (j) Nothing in this Section shall preclude a beneficiary,
5insured, or enrollee from assigning benefits to a
6nonparticipating provider when the notice and consent criteria
7are satisfied under paragraph (2) of subsection (b-5) or in
8any other situation not described in subsection (b) or (b-5).
9    (k) Except when the notice and consent criteria are
10satisfied under paragraph (2) of subsection (b-5), if an
11individual receives health care services under the situations
12described in subsection (b) or (b-5), no referral requirement
13or any other provision contained in the policy or certificate
14of coverage shall deny coverage, reduce benefits, or otherwise
15defeat the requirements of this Section for services that
16would have been covered with a participating provider.
17However, this subsection shall not be construed to preclude a
18provider contract with a health insurance issuer, or with an
19administrator or similar entity acting on the issuer's behalf,
20from imposing requirements on the participating provider,
21participating emergency facility, or participating health care
22facility relating to the referral of covered individuals to
23nonparticipating providers.
24    (l) Except if the notice and consent criteria are
25satisfied under paragraph (2) of subsection (b-5),
26cost-sharing amounts calculated in conformity with this

 

 

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1Section shall count toward any deductible or out-of-pocket
2maximum applicable to in-network coverage.
3    (m) The Department has the authority to enforce the
4requirements of this Section in the situations described in
5subsections (b) and (b-5), and in any other situation for
6which 42 U.S.C. Chapter 6A, Subchapter XXV, Parts D or E and
7regulations promulgated thereunder would prohibit an
8individual from being billed or liable for emergency services
9furnished by a nonparticipating provider or nonparticipating
10emergency facility or for non-emergency health care services
11furnished by a nonparticipating provider at a participating
12health care facility.
13    (n) This Section does not apply with respect to air
14ambulance services. This Section does not apply to any policy
15of excepted benefits or to short-term, limited-duration health
16insurance coverage.
17    (o) A home rule unit may not regulate payments for ground
18ambulance service in a manner inconsistent with this Section.
19This subsection is a limitation under subsection (i) of
20Section 6 of Article VII of the Illinois Constitution on the
21concurrent exercise by home rule units of powers and functions
22exercised by the State.
23    (p) (o) Notwithstanding any other provision of law to the
24contrary, if a beneficiary, insured, or enrollee receives
25neonatal intensive care from a nonparticipating provider or
26nonparticipating facility, a health insurance issuer shall

 

 

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1ensure that the beneficiary, insured, or enrollee shall incur
2no greater out-of-pocket costs than he or she would have
3incurred with a participating provider or a participating
4facility, as long as the nonparticipating provider or
5nonparticipating facility bills the neonatal intensive care as
6emergency services.
7(Source: P.A. 103-440, eff. 1-1-24; 104-60, eff. 1-1-26;
8104-248, eff. 8-15-25; revised 11-21-25.)
 
9    Section 10. The Health Maintenance Organization Act is
10amended by changing Section 4-15 as follows:
 
11    (215 ILCS 125/4-15)  (from Ch. 111 1/2, par. 1409.8)
12    Sec. 4-15. (a) No contract or evidence of coverage for
13basic health care services delivered, issued for delivery,
14renewed, or amended by a Health Maintenance Organization shall
15exclude coverage for ground ambulance service as defined in
16Section 356z.3a of the Illinois Insurance Code emergency
17transportation by ambulance. For the purposes of this Section,
18the term "emergency" means a need for immediate medical
19attention resulting from a life threatening condition or
20situation or a need for immediate medical attention as
21otherwise reasonably determined by a physician, public safety
22official or other emergency medical personnel.
23    (b) Payments to nonparticipating ground ambulance service
24providers shall be as described in subsection (b-10) of

 

 

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1Section 356z.3a of the Illinois Insurance Code Upon reasonable
2demand by a provider of emergency transportation by ambulance,
3a Health Maintenance Organization shall promptly pay to the
4provider, subject to coverage limitations stated in the
5contract or evidence of coverage, the charges for emergency
6transportation by ambulance provided to an enrollee in a
7health care plan arranged for by the Health Maintenance
8Organization. By accepting any such payment from the Health
9Maintenance Organization, the provider of emergency
10transportation by ambulance agrees not to seek any payment
11from the enrollee for services provided to the enrollee.
12(Source: P.A. 86-833; 86-1028.)