Health Care Licenses Committee
Adopted in House Comm. on Mar 25, 2010
 
 

 




 

 		












09600HB4935ham001

LRB096 16173 AMC 38576 a






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AMENDMENT TO HOUSE BILL 4935




2
    AMENDMENT NO. ______. Amend House Bill 4935 on page 2, by 
3
replacing lines 23 through 26 with the following:
4
"rendered. Nothing in this subparagraph (L) affects any bona 
5
fide independent contractor or employment  arrangements among 
6
health care professionals, health facilities, health care 
7
providers, or other entities, except as otherwise prohibited by 
8
law.  Any employment arrangements may include provisions  for 
9
compensation, health insurance, pension, or other employment 
10
benefits for the provision of services within the scope of the 
11
licensee's practice under this Act.  Nothing in this 
12
subparagraph (L) shall be construed to require an employment 
13
arrangement to receive professional fees for services 
14
rendered;"; and 


 
15
on page 3, by deleting lines 1 through 7; and
 

16
on page 7, by replacing lines 18 through 26 with the following:
 


 






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LRB096 16173 AMC 38576 a




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"rendered. Nothing in this paragraph (12) affects any bona fide 
2
independent contractor or employment  arrangements among health 
3
care professionals, health facilities, health care providers, 
4
or other entities, except as otherwise prohibited by law.  Any 
5
employment arrangements may include provisions  for 
6
compensation, health insurance, pension, or other employment 
7
benefits for the provision of services within the scope of the 
8
licensee's practice under this Act.  Nothing in this paragraph 
9
(12) shall be construed to require an employment arrangement to 
10
receive professional fees for services rendered."; and
 
11
on page 8, by deleting lines 1 through 2; and
 

12
on page 14, by replacing lines 16 through 26 with the 
13
following:

14
"Nothing in this paragraph (l) affects any bona fide 
15
independent contractor or employment  arrangements among health 
16
care professionals, health facilities, health care providers, 
17
or other entities, except as otherwise prohibited by law.  Any 
18
employment arrangements may include provisions  for 
19
compensation, health insurance, pension, or other employment 
20
benefits for the provision of services within the scope of the 
21
licensee's practice under this Act.  Nothing in this paragraph 
22
(l) shall be construed to require an employment arrangement to 
23
receive professional fees for services rendered;"; and
 
 


 






09600HB4935ham001
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LRB096 16173 AMC 38576 a




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on page 19, by replacing lines 22 through 26 with the 
2
following:
3
"Nothing in this item 5 affects any bona fide independent 
4
contractor or employment  arrangements among health care 
5
professionals, health facilities, health care providers, or 
6
other entities, except as otherwise prohibited by law.  Any 
7
employment arrangements may include provisions  for 
8
compensation, health insurance, pension, or other employment 
9
benefits for the provision of services within the scope of the 
10
licensee's practice under this Act.  Nothing in this item 5 
11
shall be construed to require an employment arrangement to 
12
receive professional fees for services rendered."; and

 
13
on page 20, by deleting lines 1 through 5; and

 
14
on page 26, by replacing lines 9 through 19 with the following:
15
"rendered. Nothing in this paragraph (1) affects any bona fide 
16
independent contractor or employment  arrangements among health 
17
care professionals, health facilities, health care providers, 
18
or other entities, except as otherwise prohibited by law.  Any 
19
employment arrangements may include provisions  for 
20
compensation, health insurance, pension, or other employment 
21
benefits for the provision of services within the scope of the 
22
licensee's practice under this Act.  Nothing in this paragraph 
23
(1) shall be construed to require an employment arrangement to 
24
receive professional fees for services rendered."; and

 
 


 






09600HB4935ham001
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LRB096 16173 AMC 38576 a




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on page 29, immediately below line 19, by inserting the 
2
following:
 
3
    "Section 27. The Health Care Worker Self-Referral Act is 
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amended by adding Section 50 as follows:
 
5
    (225 ILCS 47/50 new)
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    Sec. 50. Statutorily required referrals.
7
    (a) With respect to statutorily required referrals for 
8
physical therapy services, occupational therapy services, 
9
athletic trainer  services, or genetic counselor services, a 
10
patient shall be informed that he or she may request a referral 
11
for these services outside or independent of the authorized 
12
referring health care worker's group practice, facility, or 
13
health professional's or provider's office (hereinafter 
14
"practice").  This notice to the patient may take the following 
15
or a similar form:
16
        For your information, the health care professionals in 
17
    this practice (or legal entity) are financially 
18
    integrated.  If you are referred  to a health care 
19
    professional in this practice for  physical therapy 
20
    services, occupational therapy services, athletic trainer  
21
    services, or genetic counselor services, please note that 
22
    you may request and receive a referral for these services 
23
    outside or independent of this practice. 
 


 






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LRB096 16173 AMC 38576 a




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    (b) For the purposes of this Section, "referral" means the 
2
authority required by Illinois law for a physical therapist, 
3
occupational therapist, athletic trainer, or genetic counselor  
4
to provide services to a patient."; and
 
5
on page 31, by replacing lines 11 through 20 with the 
6
following:

7
"affects any bona fide independent contractor or employment  
8
arrangements among health care professionals, health 
9
facilities, health care providers, or other entities, except as 
10
otherwise prohibited by law.  Any employment arrangements may 
11
include provisions  for compensation, health insurance, 
12
pension, or other employment benefits for the provision of 
13
services within the scope of the licensee's practice under this 
14
Act.  Nothing in this paragraph (m) shall be construed to 
15
require an employment arrangement to receive professional fees 
16
for services rendered."; and
 

17
on page 37, by replacing lines 11 through 21 with the 
18
following:

19
"rendered. Nothing in this paragraph (12) affects any bona fide 
20
independent contractor or employment  arrangements among health 
21
care professionals, health facilities, health care providers, 
22
or other entities, except as otherwise prohibited by law.  Any 
23
employment arrangements may include provisions  for 
24
compensation, health insurance, pension, or other employment 
 


 






09600HB4935ham001
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LRB096 16173 AMC 38576 a




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benefits for the provision of services within the scope of the 
2
licensee's practice under this Act.  Nothing in this paragraph 
3
(12) shall be construed to require an employment arrangement to 
4
receive professional fees for services rendered."; and
 
5
on page 44, by replacing lines 6  through 15 with the following:
6
    "(12) affects any bona fide independent contractor or 
7
    employment  arrangements among health care professionals, 
8
    health facilities, health care providers, or other 
9
    entities, except as otherwise prohibited by law.  Any 
10
    employment arrangements may include provisions  for 
11
    compensation, health insurance, pension, or other 
12
    employment benefits for the provision of services within 
13
    the scope of the licensee's practice under this Act.  
14
    Nothing in this paragraph (12) shall be construed to 
15
    require an employment arrangement to receive professional 
16
    fees for services rendered."; and

 
17
on page 56, by replacing lines 4 through 14 with the following:
18
"Nothing in this paragraph (28) affects any bona fide 
19
independent contractor or employment  arrangements among health 
20
care professionals, health facilities, health care providers, 
21
or other entities, except as otherwise prohibited by law.  Any 
22
employment arrangements may include provisions  for 
23
compensation, health insurance, pension, or other employment 
24
benefits for the provision of services within the scope of the 
 


 






09600HB4935ham001
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LRB096 16173 AMC 38576 a




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licensee's practice under this Act.  Nothing in this paragraph 
2
(28) shall be construed to require an employment arrangement to 
3
receive professional fees for services rendered."; and

 
4
on page 62, by replacing lines 12 through 22 with the 
5
following:

6
"rendered. Nothing in this paragraph (11) affects any bona fide 
7
independent contractor or employment  arrangements among health 
8
care professionals, health facilities, health care providers, 
9
or other entities, except as otherwise prohibited by law.  Any 
10
employment arrangements may include provisions  for 
11
compensation, health insurance, pension, or other employment 
12
benefits for the provision of services within the scope of the 
13
licensee's practice under this Act.  Nothing in this paragraph 
14
(11) shall be construed to require an employment arrangement to 
15
receive professional fees for services rendered;"; and

 
16
on page 68, by replacing lines 25 through 26 with the 
17
following:
18
"Nothing in this paragraph (12) affects any bona fide 
19
independent contractor or employment  arrangements among health 
20
care professionals, health facilities, health care providers, 
21
or other entities, except as otherwise prohibited by law.  Any 
22
employment arrangements may include provisions  for 
23
compensation, health insurance, pension, or other employment 
24
benefits for the provision of services within the scope of the 
 


 






09600HB4935ham001
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LRB096 16173 AMC 38576 a




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licensee's practice under this Act.  Nothing in this paragraph 
2
(12) shall be construed to require an employment arrangement to 
3
receive professional fees for services rendered."; and

 
4
on page 69, by deleting lines 1 through 9; and
 

5
on page 74, by replacing lines 5 through 15 with the following:

6
"rendered. Nothing in this item 9 affects any bona fide 
7
independent contractor or employment  arrangements among health 
8
care professionals, health facilities, health care providers, 
9
or other entities, except as otherwise prohibited by law.  Any 
10
employment arrangements may include provisions  for 
11
compensation, health insurance, pension, or other employment 
12
benefits for the provision of services within the scope of the 
13
licensee's practice under this Act.  Nothing in this item 9 
14
shall be construed to require an employment arrangement to 
15
receive professional fees for services rendered."; and

 
16
on page 83, by replacing lines 16 through 26 with the 
17
following:
18
"Nothing in this paragraph (L) affects any bona fide 
19
independent contractor or employment  arrangements among health 
20
care professionals, health facilities, health care providers, 
21
or other entities, except as otherwise prohibited by law.  Any 
22
employment arrangements may include provisions  for 
23
compensation, health insurance, pension, or other employment 
 


 






09600HB4935ham001
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LRB096 16173 AMC 38576 a




1
benefits for the provision of services within the scope of the 
2
licensee's practice under this Act.  Nothing in this paragraph 
3
(L) shall be construed to require an employment arrangement to 
4
receive professional fees for services rendered;"; and

 
5
on page 88, by replacing lines 17 through 23 with the 
6
following:

7
"rendered. Nothing in this paragraph (11) affects any bona fide 
8
independent contractor or employment  arrangements, which may 
9
include provisions  for compensation, health insurance, 
10
pension, or other employment benefits, with persons or entities 
11
authorized under this Act for the provision of services within 
12
the scope of the licensee's practice under this Act."; and

 
13
on page 95, by replacing line 26 with the following:
14
"or corporation. Nothing in this paragraph (12) affects any 
15
bona fide independent contractor or employment  arrangements 
16
among health care professionals, health facilities, health 
17
care providers, or other entities, except as otherwise 
18
prohibited by law.  Any employment arrangements may include 
19
provisions  for compensation, health insurance, pension, or 
20
other employment benefits for the provision of services within 
21
the scope of the licensee's practice under this Act.  Nothing in 
22
this paragraph (12) shall be construed to require an employment 
23
arrangement to receive professional fees for services 
24
rendered."; and

 
 


 






09600HB4935ham001
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LRB096 16173 AMC 38576 a




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on page 96, by deleting lines 1 through 10; and 
 
2
on page 104, by replacing line 26 with the following:

3
"Nothing in this paragraph (12) affects any bona fide 
4
independent contractor or employment  arrangements among health 
5
care professionals, health facilities, health care providers, 
6
or other entities, except as otherwise prohibited by law.  Any 
7
employment arrangements may include provisions  for 
8
compensation, health insurance, pension, or other employment 
9
benefits for the provision of services within the scope of the 
10
licensee's practice under this Act.  Nothing in this paragraph 
11
(12) shall be construed to require an employment arrangement to 
12
receive professional fees for services rendered."; and

 
13
on page 105, by deleting lines 1 through 10; and
 

14
on page 109, by replacing lines 15 through 25 with the 
15
following:

16
"Nothing in this paragraph (12) affects any bona fide 
17
independent contractor or employment  arrangements among health 
18
care professionals, health facilities, health care providers, 
19
or other entities, except as otherwise prohibited by law.  Any 
20
employment arrangements may include provisions  for 
21
compensation, health insurance, pension, or other employment 
22
benefits for the provision of services within the scope of the 
 


 






09600HB4935ham001
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LRB096 16173 AMC 38576 a




1
licensee's practice under this Act.  Nothing in this paragraph 
2
(12) shall be construed to require an employment arrangement to 
3
receive professional fees for services rendered."; and

 
4
on page 114, by replacing lines 20 through 25 with the 
5
following:

6
"representative. Nothing in this paragraph (d) affects any bona 
7
fide independent contractor or employment  arrangements among 
8
health care professionals, health facilities, health care 
9
providers, or other entities, except as otherwise prohibited by 
10
law.  Any employment arrangements may include provisions  for 
11
compensation, health insurance, pension, or other employment 
12
benefits for the provision of services within the scope of the 
13
licensee's practice under this Act.  Nothing in this paragraph 
14
(d) shall be construed to require an employment arrangement to 
15
receive professional fees for services rendered."; and

 
16
on page 115, by deleting lines 1 through 5; and
 

17
on page 123, by replacing lines 5 through 15 with the 
18
following:
19
"Nothing in this paragraph (9) affects any bona fide 
20
independent contractor or employment  arrangements among health 
21
care professionals, health facilities, health care providers, 
22
or other entities, except as otherwise prohibited by law.  Any 
23
employment arrangements may include provisions  for 
 


 






09600HB4935ham001
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LRB096 16173 AMC 38576 a




1
compensation, health insurance, pension, or other employment 
2
benefits for the provision of services within the scope of the 
3
licensee's practice under this Act.  Nothing in this paragraph 
4
(9) shall be construed to require an employment arrangement to 
5
receive professional fees for services rendered."; and

 
6
on page 130, by replacing lines 9 through 19 with the 
7
following:

8
"Nothing in this paragraph (9) affects any bona fide 
9
independent contractor or employment  arrangements among health 
10
care professionals, health facilities, health care providers, 
11
or other entities, except as otherwise prohibited by law.  Any 
12
employment arrangements may include provisions  for 
13
compensation, health insurance, pension, or other employment 
14
benefits for the provision of services within the scope of the 
15
licensee's practice under this Act.  Nothing in this paragraph 
16
(9) shall be construed to require an employment arrangement to 
17
receive professional fees for services rendered."; and
 

18
on page 135, by replacing lines 1 through 11 with the 
19
following:

20
"Nothing in this paragraph (14) affects any bona fide 
21
independent contractor or employment  arrangements among health 
22
care professionals, health facilities, health care providers, 
23
or other entities, except as otherwise prohibited by law.  Any 
24
employment arrangements may include provisions  for 
 


 






09600HB4935ham001
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LRB096 16173 AMC 38576 a




1
compensation, health insurance, pension, or other employment 
2
benefits for the provision of services within the scope of the 
3
licensee's practice under this Act.  Nothing in this paragraph 
4
(14) shall be construed to require an employment arrangement to 
5
receive professional fees for services rendered."; and
 
6
on page 139, by replacing lines 17 through 25 with the 
7
following:

8
"rendered. Nothing in this paragraph (10) affects any bona fide 
9
independent contractor or employment  arrangements among health 
10
care professionals, health facilities, health care providers, 
11
or other entities, except as  otherwise prohibited by law.  Any 
12
employment arrangements with health care providers may include 
13
provisions  for compensation, health insurance, pension, or 
14
other employment benefits for the provision of services within 
15
the scope of the licensee's practice under this Act.  Nothing in 
16
this paragraph (10) shall be construed to require an employment 
17
arrangement to receive professional fees for services 
18
rendered.".