Rep. Art Tenhouse
Filed: 4/1/2004
 
 

 




 

 		












09300HB6013ham001

LRB093 19669 WGH 49450 a






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AMENDMENT TO HOUSE BILL 6013




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    AMENDMENT NO. ______. Amend House Bill 6013 by replacing 
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everything after the enacting clause with the following:
 

 
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    "Section 5. The Illinois Insurance Code is amended  by 
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adding Section 370e-1 as follows:
 
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    (215 ILCS 5/370e-1 new)

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    Sec. 370e-1. Physicians and hospitals; surcharge. 
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Notwithstanding any other provision of law, an individual or 
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group policy of accident and health insurance that is amended, 
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delivered, issued, or renewed on or after the effective date of 
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this amendatory Act of the 93rd General Assembly
shall contain 
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provisions authorizing a physician or hospital to impose a 
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surcharge, in an amount to be determined by the physician or 
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hospital, to reasonably cover the cost of medical liability 
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insurance. Any such surcharge shall be itemized by the 
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physician or hospital separately from all other charges imposed 
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by the physician or hospital and shall be billed directly to 
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the insured. Any such  surcharge shall be paid directly by the 
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insured to the physician or hospital. Any such surcharge shall 
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not be deemed to be a co-payment or deductible for any purpose, 
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and the company issuing the policy of accident and health 
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insurance shall not be responsible for paying the surcharge. If 
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any provision of this Section conflicts with any other 
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provision of this Code, this Section shall control.

 
 


 






09300HB6013ham001
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LRB093 19669 WGH 49450 a




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    Section 10. The Health Maintenance Organization Act is 
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amended  by adding Section 5-7.2 as follows:
 
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    (215 ILCS 125/5-7.2 new)

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    Sec. 5-7.2. Physicians and hospitals; surcharge. 
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Notwithstanding any other provision of law, a contract or 
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evidence of coverage issued by a health maintenance 
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organization that is amended, delivered, issued, or renewed on 
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or after the effective date of this amendatory Act of the 93rd 
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General Assembly
shall contain provisions authorizing a 
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physician or hospital to impose a surcharge, in an amount to be 
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determined by the physician or hospital, to reasonably cover 
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the cost of medical liability insurance. Any such surcharge 
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shall be itemized by the physician or hospital separately from 
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all other charges imposed by the physician or hospital and 
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shall be billed directly to the enrollee. Any such  surcharge 
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shall be paid directly by the enrollee
to the physician or 
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hospital. Any such surcharge shall not be deemed to be a 
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co-payment or deductible for any purpose, and the health 
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maintenance organization shall not be responsible for paying 
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the surcharge. If any provision of this Section conflicts with 
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any other provision of this Act, this Section shall control.

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