103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5395

 

Introduced 2/9/2024, by Rep. Anna Moeller

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 100/5-45.55 new
215 ILCS 124/3
215 ILCS 124/5
215 ILCS 124/10
215 ILCS 124/15
215 ILCS 124/20
215 ILCS 124/25
215 ILCS 124/30
215 ILCS 124/35 new
215 ILCS 124/40 new
215 ILCS 124/50 new
215 ILCS 134/20
215 ILCS 134/25

    Amends the Network Adequacy and Transparency Act. Adds definitions. Provides that the minimum ratio for each provider type shall be no less than any such ratio established for qualified health plans in Federally-Facilitated Exchanges by federal law or by the federal Centers for Medicare and Medicaid Services. Provides that the maximum travel time and distance standards and appointment wait time standards shall be no greater than any such standards established for qualified health plans in Federally-Facilitated Exchanges by federal law or by the federal Centers for Medicare and Medicaid Services. Makes changes to provisions concerning network adequacy, notice of nonrenewal or termination, transition of services, network transparency, administration and enforcement, provider requirements, and provider directory information. Amends the Managed Care Reform and Patient Rights Act. Makes changes to provisions concerning notice of nonrenewal or termination and transition of services. Amends the Illinois Administrative Procedure Act to authorize the Department of Insurance to adopt emergency rules implementing federal standards for provider ratios, time and distance, or appointment wait times when such standards apply to health insurance coverage regulated by the Department of Insurance and are more stringent than the State standards extant at the time the final federal standards are published. Amends the Illinois Administrative Procedure Act to make a conforming change. Effective immediately.


LRB103 37071 RPS 67189 b

 

 

A BILL FOR

 

HB5395LRB103 37071 RPS 67189 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 Administrative Procedure Act is
5amended by adding Section 5-45.55 as follows:
 
6    (5 ILCS 100/5-45.55 new)
7    Sec. 5-45.55. Emergency rulemaking; Network Adequacy and
8Transparency Act. To provide for the expeditious and timely
9implementation of the Network Adequacy and Transparency Act,
10emergency rules implementing federal standards for provider
11ratios, travel time and distance, and appointment wait times
12if such standards apply to health insurance coverage regulated
13by the Department of Insurance and are more stringent than the
14State standards extant at the time the final federal standards
15are published may be adopted in accordance with Section 5-45
16by the Department of Insurance. The adoption of emergency
17rules authorized by Section 5-45 and this Section is deemed to
18be necessary for the public interest, safety, and welfare.
19    This Section is repealed one year after the effective date
20of this amendatory Act of the 103rd General Assembly.
 
21    Section 15. The Network Adequacy and Transparency Act is
22amended by changing Sections 3, 5, 10, 15, 20, 25, and 30 and

 

 

HB5395- 2 -LRB103 37071 RPS 67189 b

1by adding Sections 35, 40, and 50 as follows:
 
2    (215 ILCS 124/3)
3    Sec. 3. Applicability of Act. This Act applies to an
4individual or group policy of accident and health insurance
5coverage with a network plan amended, delivered, issued, or
6renewed in this State on or after January 1, 2019. This Act
7does not apply to an individual or group policy for excepted
8benefits or short-term, limited-duration health insurance
9coverage dental or vision insurance or a limited health
10service organization with a network plan amended, delivered,
11issued, or renewed in this State on or after January 1, 2019,
12except to the extent that federal law establishes network
13adequacy and transparency standards for stand-alone dental
14plans, which the Department shall enforce.
15(Source: P.A. 100-502, eff. 9-15-17; 100-601, eff. 6-29-18.)
 
16    (215 ILCS 124/5)
17    Sec. 5. Definitions. In this Act:
18    "Authorized representative" means a person to whom a
19beneficiary has given express written consent to represent the
20beneficiary; a person authorized by law to provide substituted
21consent for a beneficiary; or the beneficiary's treating
22provider only when the beneficiary or his or her family member
23is unable to provide consent.
24    "Beneficiary" means an individual, an enrollee, an

 

 

HB5395- 3 -LRB103 37071 RPS 67189 b

1insured, a participant, or any other person entitled to
2reimbursement for covered expenses of or the discounting of
3provider fees for health care services under a program in
4which the beneficiary has an incentive to utilize the services
5of a provider that has entered into an agreement or
6arrangement with an issuer insurer.
7    "Department" means the Department of Insurance.
8    "Essential community provider" has the meaning ascribed to
9that term in 45 CFR 156.235.
10    "Excepted benefits" has the meaning ascribed to that term
11in 42 U.S.C. 300gg-91(c).
12    "Exchange" has the meaning ascribed to that term in 45 CFR
13155.20.
14    "Director" means the Director of Insurance.
15    "Family caregiver" means a relative, partner, friend, or
16neighbor who has a significant relationship with the patient
17and administers or assists the patient with activities of
18daily living, instrumental activities of daily living, or
19other medical or nursing tasks for the quality and welfare of
20that patient.
21    "Group health plan" has the meaning ascribed to that term
22in Section 5 of the Illinois Health Insurance Portability and
23Accountability Act.
24    "Health insurance coverage" has the meaning ascribed to
25that term in Section 5 of the Illinois Health Insurance
26Portability and Accountability Act. "Health insurance

 

 

HB5395- 4 -LRB103 37071 RPS 67189 b

1coverage" does not include any coverage or benefits under
2Medicare or under the medical assistance program established
3under Article V of the Illinois Public Aid Code.
4    "Issuer" means a "health insurance issuer" as defined in
5Section 5 of the Illinois Health Insurance Portability and
6Accountability Act.
7    "Insurer" means any entity that offers individual or group
8accident and health insurance, including, but not limited to,
9health maintenance organizations, preferred provider
10organizations, exclusive provider organizations, and other
11plan structures requiring network participation, excluding the
12medical assistance program under the Illinois Public Aid Code,
13the State employees group health insurance program, workers
14compensation insurance, and pharmacy benefit managers.
15    "Material change" means a significant reduction in the
16number of providers available in a network plan, including,
17but not limited to, a reduction of 10% or more in a specific
18type of providers within any county, the removal of a major
19health system that causes a network to be significantly
20different within any county from the network when the
21beneficiary purchased the network plan, or any change that
22would cause the network to no longer satisfy the requirements
23of this Act or the Department's rules for network adequacy and
24transparency.
25    "Network" means the group or groups of preferred providers
26providing services to a network plan.

 

 

HB5395- 5 -LRB103 37071 RPS 67189 b

1    "Network plan" means an individual or group policy of
2accident and health insurance coverage that either requires a
3covered person to use or creates incentives, including
4financial incentives, for a covered person to use providers
5managed, owned, under contract with, or employed by the issuer
6or by a third party contracted to arrange, contract for, or
7administer such provider-related incentives for the issuer
8insurer.
9    "Ongoing course of treatment" means (1) treatment for a
10life-threatening condition, which is a disease or condition
11for which likelihood of death is probable unless the course of
12the disease or condition is interrupted; (2) treatment for a
13serious acute condition, defined as a disease or condition
14requiring complex ongoing care that the covered person is
15currently receiving, such as chemotherapy, radiation therapy,
16or post-operative visits, or a serious and complex condition
17as defined under 42 U.S.C. 300gg-113(b)(2); (3) a course of
18treatment for a health condition that a treating provider
19attests that discontinuing care by that provider would worsen
20the condition or interfere with anticipated outcomes; or (4)
21the third trimester of pregnancy through the post-partum
22period; (5) undergoing a course of institutional or inpatient
23care from the provider within the meaning of 42 U.S.C.
24300gg-113(b)(1)(B); (6) being scheduled to undergo nonelective
25surgery from the provider, including receipt of preoperative
26or postoperative care from such provider with respect to such

 

 

HB5395- 6 -LRB103 37071 RPS 67189 b

1a surgery; (7) being determined to be terminally ill, as
2determined under 42 U.S.C. 1395x(dd)(3)(A), and receiving
3treatment for such illness from such provider; or (8) any
4other treatment of a condition or disease that requires
5repeated health care services pursuant to a plan of treatment
6by a provider because of the potential for changes in the
7therapeutic regimen.
8    "Preferred provider" means any provider who has entered,
9either directly or indirectly, into an agreement with an
10employer or risk-bearing entity relating to health care
11services that may be rendered to beneficiaries under a network
12plan.
13    "Providers" means physicians licensed to practice medicine
14in all its branches, other health care professionals,
15hospitals, or other health care institutions or facilities
16that provide health care services.
17    "Short-term, limited-duration health insurance coverage"
18has the meaning ascribed to that term in Section 5 of the
19Short-Term, Limited-Duration Health Insurance Coverage Act.
20    "Stand-alone dental plan" has the meaning ascribed to that
21term in 45 CFR 156.400.
22    "Telehealth" has the meaning given to that term in Section
23356z.22 of the Illinois Insurance Code.
24    "Telemedicine" has the meaning given to that term in
25Section 49.5 of the Medical Practice Act of 1987.
26    "Tiered network" means a network that identifies and

 

 

HB5395- 7 -LRB103 37071 RPS 67189 b

1groups some or all types of provider and facilities into
2specific groups to which different provider reimbursement,
3covered person cost-sharing or provider access requirements,
4or any combination thereof, apply for the same services.
5    "Woman's principal health care provider" means a physician
6licensed to practice medicine in all of its branches
7specializing in obstetrics, gynecology, or family practice.
8(Source: P.A. 102-92, eff. 7-9-21; 102-813, eff. 5-13-22.)
 
9    (215 ILCS 124/10)
10    Sec. 10. Network adequacy.
11    (a) Before issuing, delivering, or renewing a network
12plan, an issuer An insurer providing a network plan shall file
13a description of all of the following with the Director:
14        (1) The written policies and procedures for adding
15    providers to meet patient needs based on increases in the
16    number of beneficiaries, changes in the
17    patient-to-provider ratio, changes in medical and health
18    care capabilities, and increased demand for services.
19        (2) The written policies and procedures for making
20    referrals within and outside the network.
21        (3) The written policies and procedures on how the
22    network plan will provide 24-hour, 7-day per week access
23    to network-affiliated primary care, emergency services,
24    and women's principal health care providers.
25    An issuer insurer shall not prohibit a preferred provider

 

 

HB5395- 8 -LRB103 37071 RPS 67189 b

1from discussing any specific or all treatment options with
2beneficiaries irrespective of the insurer's position on those
3treatment options or from advocating on behalf of
4beneficiaries within the utilization review, grievance, or
5appeals processes established by the issuer insurer in
6accordance with any rights or remedies available under
7applicable State or federal law.
8    (b) Before issuing, delivering, or renewing a network
9plan, an issuer Insurers must file for review a description of
10the services to be offered through a network plan. The
11description shall include all of the following:
12        (1) A geographic map of the area proposed to be served
13    by the plan by county service area and zip code, including
14    marked locations for preferred providers.
15        (2) As deemed necessary by the Department, the names,
16    addresses, phone numbers, and specialties of the providers
17    who have entered into preferred provider agreements under
18    the network plan.
19        (3) The number of beneficiaries anticipated to be
20    covered by the network plan.
21        (4) An Internet website and toll-free telephone number
22    for beneficiaries and prospective beneficiaries to access
23    current and accurate lists of preferred providers in each
24    plan, additional information about the plan, as well as
25    any other information required by Department rule.
26        (5) A description of how health care services to be

 

 

HB5395- 9 -LRB103 37071 RPS 67189 b

1    rendered under the network plan are reasonably accessible
2    and available to beneficiaries. The description shall
3    address all of the following:
4            (A) the type of health care services to be
5        provided by the network plan;
6            (B) the ratio of physicians and other providers to
7        beneficiaries, by specialty and including primary care
8        physicians and facility-based physicians when
9        applicable under the contract, necessary to meet the
10        health care needs and service demands of the currently
11        enrolled population;
12            (C) the travel and distance standards for plan
13        beneficiaries in county service areas; and
14            (D) a description of how the use of telemedicine,
15        telehealth, or mobile care services may be used to
16        partially meet the network adequacy standards, if
17        applicable.
18        (6) A provision ensuring that whenever a beneficiary
19    has made a good faith effort, as evidenced by accessing
20    the provider directory, calling the network plan, and
21    calling the provider, to utilize preferred providers for a
22    covered service and it is determined the insurer does not
23    have the appropriate preferred providers due to
24    insufficient number, type, unreasonable travel distance or
25    delay, or preferred providers refusing to provide a
26    covered service because it is contrary to the conscience

 

 

HB5395- 10 -LRB103 37071 RPS 67189 b

1    of the preferred providers, as protected by the Health
2    Care Right of Conscience Act, the issuer insurer shall
3    ensure, directly or indirectly, by terms contained in the
4    payer contract, that the beneficiary will be provided the
5    covered service at no greater cost to the beneficiary than
6    if the service had been provided by a preferred provider.
7    This paragraph (6) does not apply to: (A) a beneficiary
8    who willfully chooses to access a non-preferred provider
9    for health care services available through the panel of
10    preferred providers, or (B) a beneficiary enrolled in a
11    health maintenance organization. In these circumstances,
12    the contractual requirements for non-preferred provider
13    reimbursements shall apply unless Section 356z.3a of the
14    Illinois Insurance Code requires otherwise. In no event
15    shall a beneficiary who receives care at a participating
16    health care facility be required to search for
17    participating providers under the circumstances described
18    in subsection (b) or (b-5) of Section 356z.3a of the
19    Illinois Insurance Code except under the circumstances
20    described in paragraph (2) of subsection (b-5).
21        (7) A provision that the beneficiary shall receive
22    emergency care coverage such that payment for this
23    coverage is not dependent upon whether the emergency
24    services are performed by a preferred or non-preferred
25    provider and the coverage shall be at the same benefit
26    level as if the service or treatment had been rendered by a

 

 

HB5395- 11 -LRB103 37071 RPS 67189 b

1    preferred provider. For purposes of this paragraph (7),
2    "the same benefit level" means that the beneficiary is
3    provided the covered service at no greater cost to the
4    beneficiary than if the service had been provided by a
5    preferred provider. This provision shall be consistent
6    with Section 356z.3a of the Illinois Insurance Code.
7        (8) A limitation that, if the plan provides that the
8    beneficiary will incur a penalty for failing to
9    pre-certify inpatient hospital treatment, the penalty may
10    not exceed $1,000 per occurrence in addition to the plan
11    cost sharing provisions.
12        (9) For a network plan to be offered through the
13    Exchange in the individual or small group market, as well
14    as any off-Exchange mirror of such a network plan,
15    evidence that the network plan includes essential
16    community providers in accordance with rules established
17    by the Exchange that will operate in this State for the
18    applicable plan year.
19    (c) The issuer network plan shall demonstrate to the
20Director a minimum ratio of providers to plan beneficiaries as
21required by the Department for each network plan.
22        (1) The minimum ratio of physicians or other providers
23    to plan beneficiaries shall be established annually by the
24    Department in consultation with the Department of Public
25    Health based upon the guidance from the federal Centers
26    for Medicare and Medicaid Services. The Department shall

 

 

HB5395- 12 -LRB103 37071 RPS 67189 b

1    not establish ratios for vision or dental providers who
2    provide services under dental-specific or vision-specific
3    benefits, except to the extent provided under federal law
4    for stand-alone dental plans. The Department shall
5    consider establishing ratios for the following physicians
6    or other providers:
7            (A) Primary Care;
8            (B) Pediatrics;
9            (C) Cardiology;
10            (D) Gastroenterology;
11            (E) General Surgery;
12            (F) Neurology;
13            (G) OB/GYN;
14            (H) Oncology/Radiation;
15            (I) Ophthalmology;
16            (J) Urology;
17            (K) Behavioral Health;
18            (L) Allergy/Immunology;
19            (M) Chiropractic;
20            (N) Dermatology;
21            (O) Endocrinology;
22            (P) Ears, Nose, and Throat (ENT)/Otolaryngology;
23            (Q) Infectious Disease;
24            (R) Nephrology;
25            (S) Neurosurgery;
26            (T) Orthopedic Surgery;

 

 

HB5395- 13 -LRB103 37071 RPS 67189 b

1            (U) Physiatry/Rehabilitative;
2            (V) Plastic Surgery;
3            (W) Pulmonary;
4            (X) Rheumatology;
5            (Y) Anesthesiology;
6            (Z) Pain Medicine;
7            (AA) Pediatric Specialty Services;
8            (BB) Outpatient Dialysis; and
9            (CC) HIV.
10        (2) The Director shall establish a process for the
11    review of the adequacy of these standards, along with an
12    assessment of additional specialties to be included in the
13    list under this subsection (c).
14        (3) Notwithstanding any other law or rule, the minimum
15    ratio for each provider type shall be no less than any such
16    ratio established for qualified health plans in
17    Federally-Facilitated Exchanges by federal law or by the
18    federal Centers for Medicare and Medicaid Services, even
19    if the network plan is issued in the large group market or
20    is otherwise not issued through an exchange. Federal
21    standards for stand-alone dental plans shall only apply to
22    such network plans. In the absence of an applicable
23    Department rule, the federal standards shall apply for the
24    time period specified in the federal law, regulation, or
25    guidance. If the Centers for Medicare and Medicaid
26    Services establish standards that are more stringent than

 

 

HB5395- 14 -LRB103 37071 RPS 67189 b

1    the standards in effect under any Department rule, the
2    Department may amend its rules to conform to the more
3    stringent federal standards.
4    (d) The network plan shall demonstrate to the Director
5maximum travel and distance standards and appointment wait
6time standards for plan beneficiaries, which shall be
7established annually by the Department in consultation with
8the Department of Public Health based upon the guidance from
9the federal Centers for Medicare and Medicaid Services. These
10standards shall consist of the maximum minutes or miles to be
11traveled by a plan beneficiary for each county type, such as
12large counties, metro counties, or rural counties as defined
13by Department rule.
14    The maximum travel time and distance standards must
15include standards for each physician and other provider
16category listed for which ratios have been established.
17    The Director shall establish a process for the review of
18the adequacy of these standards along with an assessment of
19additional specialties to be included in the list under this
20subsection (d).
21    Notwithstanding any other law or Department rule, the
22maximum travel time and distance standards and appointment
23wait time standards shall be no greater than any such
24standards established for qualified health plans in
25Federally-Facilitated Exchanges by federal law or by the
26federal Centers for Medicare and Medicaid Services, even if

 

 

HB5395- 15 -LRB103 37071 RPS 67189 b

1the network plan is issued in the large group market or is
2otherwise not issued through an exchange. Federal standards
3for stand-alone dental plans shall only apply to such network
4plans. In the absence of an applicable Department rule, the
5federal standards shall apply for the time period specified in
6the federal law, regulation, or guidance. If the Centers for
7Medicare and Medicaid Services establish standards that are
8more stringent than the standards in effect under any
9Department rule, the Department may amend its rules to conform
10to the more stringent federal standards.
11    If the federal area designations for the maximum time or
12distance or appointment wait time standards required are
13changed by the most recent Letter to Issuers in the
14Federally-facilitated Marketplaces, the Department shall post
15on its website notice of such changes and may amend its rules
16to conform to those designations if the Director deems
17appropriate.
18    (d-5)(1) Every issuer insurer shall ensure that
19beneficiaries have timely and proximate access to treatment
20for mental, emotional, nervous, or substance use disorders or
21conditions in accordance with the provisions of paragraph (4)
22of subsection (a) of Section 370c of the Illinois Insurance
23Code. Issuers Insurers shall use a comparable process,
24strategy, evidentiary standard, and other factors in the
25development and application of the network adequacy standards
26for timely and proximate access to treatment for mental,

 

 

HB5395- 16 -LRB103 37071 RPS 67189 b

1emotional, nervous, or substance use disorders or conditions
2and those for the access to treatment for medical and surgical
3conditions. As such, the network adequacy standards for timely
4and proximate access shall equally be applied to treatment
5facilities and providers for mental, emotional, nervous, or
6substance use disorders or conditions and specialists
7providing medical or surgical benefits pursuant to the parity
8requirements of Section 370c.1 of the Illinois Insurance Code
9and the federal Paul Wellstone and Pete Domenici Mental Health
10Parity and Addiction Equity Act of 2008. Notwithstanding the
11foregoing, the network adequacy standards for timely and
12proximate access to treatment for mental, emotional, nervous,
13or substance use disorders or conditions shall, at a minimum,
14satisfy the following requirements:
15        (A) For beneficiaries residing in the metropolitan
16    counties of Cook, DuPage, Kane, Lake, McHenry, and Will,
17    network adequacy standards for timely and proximate access
18    to treatment for mental, emotional, nervous, or substance
19    use disorders or conditions means a beneficiary shall not
20    have to travel longer than 30 minutes or 30 miles from the
21    beneficiary's residence to receive outpatient treatment
22    for mental, emotional, nervous, or substance use disorders
23    or conditions. Beneficiaries shall not be required to wait
24    longer than 10 business days between requesting an initial
25    appointment and being seen by the facility or provider of
26    mental, emotional, nervous, or substance use disorders or

 

 

HB5395- 17 -LRB103 37071 RPS 67189 b

1    conditions for outpatient treatment or to wait longer than
2    20 business days between requesting a repeat or follow-up
3    appointment and being seen by the facility or provider of
4    mental, emotional, nervous, or substance use disorders or
5    conditions for outpatient treatment; however, subject to
6    the protections of paragraph (3) of this subsection, a
7    network plan shall not be held responsible if the
8    beneficiary or provider voluntarily chooses to schedule an
9    appointment outside of these required time frames.
10        (B) For beneficiaries residing in Illinois counties
11    other than those counties listed in subparagraph (A) of
12    this paragraph, network adequacy standards for timely and
13    proximate access to treatment for mental, emotional,
14    nervous, or substance use disorders or conditions means a
15    beneficiary shall not have to travel longer than 60
16    minutes or 60 miles from the beneficiary's residence to
17    receive outpatient treatment for mental, emotional,
18    nervous, or substance use disorders or conditions.
19    Beneficiaries shall not be required to wait longer than 10
20    business days between requesting an initial appointment
21    and being seen by the facility or provider of mental,
22    emotional, nervous, or substance use disorders or
23    conditions for outpatient treatment or to wait longer than
24    20 business days between requesting a repeat or follow-up
25    appointment and being seen by the facility or provider of
26    mental, emotional, nervous, or substance use disorders or

 

 

HB5395- 18 -LRB103 37071 RPS 67189 b

1    conditions for outpatient treatment; however, subject to
2    the protections of paragraph (3) of this subsection, a
3    network plan shall not be held responsible if the
4    beneficiary or provider voluntarily chooses to schedule an
5    appointment outside of these required time frames.
6    (2) For beneficiaries residing in all Illinois counties,
7network adequacy standards for timely and proximate access to
8treatment for mental, emotional, nervous, or substance use
9disorders or conditions means a beneficiary shall not have to
10travel longer than 60 minutes or 60 miles from the
11beneficiary's residence to receive inpatient or residential
12treatment for mental, emotional, nervous, or substance use
13disorders or conditions.
14    (3) If there is no in-network facility or provider
15available for a beneficiary to receive timely and proximate
16access to treatment for mental, emotional, nervous, or
17substance use disorders or conditions in accordance with the
18network adequacy standards outlined in this subsection, the
19issuer insurer shall provide necessary exceptions to its
20network to ensure admission and treatment with a provider or
21at a treatment facility in accordance with the network
22adequacy standards in this subsection.
23    (4) If the federal Centers for Medicare and Medicaid
24Services establishes or law requires more stringent standards
25for qualified health plans in the Federally-Facilitated
26Exchanges, the federal standards shall control for all network

 

 

HB5395- 19 -LRB103 37071 RPS 67189 b

1plans for the time period specified in the federal law,
2regulation, or guidance, even if the network plan is issued in
3the large group market, is issued through a different type of
4Exchange, or is otherwise not issued through an Exchange.
5    (e) Except for network plans solely offered as a group
6health plan, these ratio and time and distance standards apply
7to the lowest cost-sharing tier of any tiered network.
8    (f) The network plan may consider use of other health care
9service delivery options, such as telemedicine or telehealth,
10mobile clinics, and centers of excellence, or other ways of
11delivering care to partially meet the requirements set under
12this Section.
13    (g) Except for the requirements set forth in subsection
14(d-5), issuers insurers who are not able to comply with the
15provider ratios and time and distance or appointment wait time
16standards established under this Act or federal law by the
17Department may request an exception to these requirements from
18the Department. The Department may grant an exception in the
19following circumstances:
20        (1) if no providers or facilities meet the specific
21    time and distance standard in a specific service area and
22    the issuer insurer (i) discloses information on the
23    distance and travel time points that beneficiaries would
24    have to travel beyond the required criterion to reach the
25    next closest contracted provider outside of the service
26    area and (ii) provides contact information, including

 

 

HB5395- 20 -LRB103 37071 RPS 67189 b

1    names, addresses, and phone numbers for the next closest
2    contracted provider or facility;
3        (2) if patterns of care in the service area do not
4    support the need for the requested number of provider or
5    facility type and the issuer insurer provides data on
6    local patterns of care, such as claims data, referral
7    patterns, or local provider interviews, indicating where
8    the beneficiaries currently seek this type of care or
9    where the physicians currently refer beneficiaries, or
10    both; or
11        (3) other circumstances deemed appropriate by the
12    Department consistent with the requirements of this Act.
13    (h) Issuers Insurers are required to report to the
14Director any material change to an approved network plan
15within 15 days after the change occurs and any change that
16would result in failure to meet the requirements of this Act.
17The issuer shall submit a revised version of the portions of
18the network adequacy filing affected by the material change,
19as determined by the Director by rule, and the issuer shall
20attach versions with the changes indicated for each document
21that was revised from the previous version of the filing. Upon
22notice from the issuer insurer, the Director shall reevaluate
23the network plan's compliance with the network adequacy and
24transparency standards of this Act. For every day past 15 days
25that the issuer fails to submit a revised network adequacy
26filing to the Director, the Director may order a fine of $1,000

 

 

HB5395- 21 -LRB103 37071 RPS 67189 b

1per day.
2    (i) If a network plan is inadequate under this Act with
3respect to a provider type in a county, and if the network plan
4does not have an approved exception for that provider type in
5that county pursuant to subsection (g), an issuer shall
6process out-of-network claims for covered health care services
7received from that provider type within that county at the
8in-network benefit level and shall retroactively adjudicate
9and reimburse beneficiaries to achieve that objective if their
10claims were processed at the out-of-network level contrary to
11this subsection.
12    (j) If the Director determines that a network is
13inadequate in any county and no exception has been granted
14under subsection (g) and the issuer does not have a process in
15place to comply with subsection (d-5), the Director may
16prohibit the network plan from being issued or renewed within
17that county until the Director determines that the network is
18adequate apart from processes and exceptions described in
19subsections (d-5) and (g). Nothing in this subsection shall be
20construed to terminate any beneficiary's health insurance
21coverage under a network plan before the expiration of the
22beneficiary's policy period if the Director makes a
23determination under this subsection after the issuance or
24renewal of the beneficiary's policy or certificate because of
25a material change. Policies or certificates issued or renewed
26in violation of this subsection may subject the issuer to a

 

 

HB5395- 22 -LRB103 37071 RPS 67189 b

1civil penalty of $1,000 per policy.
2(Source: P.A. 102-144, eff. 1-1-22; 102-901, eff. 7-1-22;
3102-1117, eff. 1-13-23.)
 
4    (215 ILCS 124/15)
5    Sec. 15. Notice of nonrenewal or termination.
6    (a) A network plan must give at least 60 days' notice of
7nonrenewal or termination of a provider to the provider and to
8the beneficiaries served by the provider. The notice shall
9include a name and address to which a beneficiary or provider
10may direct comments and concerns regarding the nonrenewal or
11termination and the telephone number maintained by the
12Department for consumer complaints. Immediate written notice
13may be provided without 60 days' notice when a provider's
14license has been disciplined by a State licensing board or
15when the network plan reasonably believes direct imminent
16physical harm to patients under the provider's providers care
17may occur. The notice to the beneficiary shall provide the
18individual with an opportunity to notify the issuer of the
19individual's need for transitional care.
20    (b) Primary care providers must notify active affected
21patients of nonrenewal or termination of the provider from the
22network plan, except in the case of incapacitation.
23(Source: P.A. 100-502, eff. 9-15-17.)
 
24    (215 ILCS 124/20)

 

 

HB5395- 23 -LRB103 37071 RPS 67189 b

1    Sec. 20. Transition of services.
2    (a) A network plan shall provide for continuity of care
3for its beneficiaries as follows:
4        (1) If a beneficiary's physician or hospital provider
5    leaves the network plan's network of providers for reasons
6    other than termination of a contract in situations
7    involving imminent harm to a patient or a final
8    disciplinary action by a State licensing board and the
9    provider remains within the network plan's service area,
10    if benefits provided under such network plan with respect
11    to such provider or facility are terminated because of a
12    change in the terms of the participation of such provider
13    or facility in such plan, or if a contract between a group
14    health plan and a health insurance issuer offering a
15    network plan in connection with the group health plan is
16    terminated and results in a loss of benefits provided
17    under such plan with respect to such provider, then the
18    network plan shall permit the beneficiary to continue an
19    ongoing course of treatment with that provider during a
20    transitional period for the following duration:
21            (A) 90 days from the date of the notice to the
22        beneficiary of the provider's disaffiliation from the
23        network plan if the beneficiary has an ongoing course
24        of treatment; or
25            (B) if the beneficiary has entered the third
26        trimester of pregnancy at the time of the provider's

 

 

HB5395- 24 -LRB103 37071 RPS 67189 b

1        disaffiliation, a period that includes the provision
2        of post-partum care directly related to the delivery.
3        (2) Notwithstanding the provisions of paragraph (1) of
4    this subsection (a), such care shall be authorized by the
5    network plan during the transitional period in accordance
6    with the following:
7            (A) the provider receives continued reimbursement
8        from the network plan at the rates and terms and
9        conditions applicable under the terminated contract
10        prior to the start of the transitional period;
11            (B) the provider adheres to the network plan's
12        quality assurance requirements, including provision to
13        the network plan of necessary medical information
14        related to such care; and
15            (C) the provider otherwise adheres to the network
16        plan's policies and procedures, including, but not
17        limited to, procedures regarding referrals and
18        obtaining preauthorizations for treatment.
19        (3) The provisions of this Section governing health
20    care provided during the transition period do not apply if
21    the beneficiary has successfully transitioned to another
22    provider participating in the network plan, if the
23    beneficiary has already met or exceeded the benefit
24    limitations of the plan, or if the care provided is not
25    medically necessary.
26    (b) A network plan shall provide for continuity of care

 

 

HB5395- 25 -LRB103 37071 RPS 67189 b

1for new beneficiaries as follows:
2        (1) If a new beneficiary whose provider is not a
3    member of the network plan's provider network, but is
4    within the network plan's service area, enrolls in the
5    network plan, the network plan shall permit the
6    beneficiary to continue an ongoing course of treatment
7    with the beneficiary's current physician during a
8    transitional period:
9            (A) of 90 days from the effective date of
10        enrollment if the beneficiary has an ongoing course of
11        treatment; or
12            (B) if the beneficiary has entered the third
13        trimester of pregnancy at the effective date of
14        enrollment, that includes the provision of post-partum
15        care directly related to the delivery.
16        (2) If a beneficiary, or a beneficiary's authorized
17    representative, elects in writing to continue to receive
18    care from such provider pursuant to paragraph (1) of this
19    subsection (b), such care shall be authorized by the
20    network plan for the transitional period in accordance
21    with the following:
22            (A) the provider receives reimbursement from the
23        network plan at rates established by the network plan;
24            (B) the provider adheres to the network plan's
25        quality assurance requirements, including provision to
26        the network plan of necessary medical information

 

 

HB5395- 26 -LRB103 37071 RPS 67189 b

1        related to such care; and
2            (C) the provider otherwise adheres to the network
3        plan's policies and procedures, including, but not
4        limited to, procedures regarding referrals and
5        obtaining preauthorization for treatment.
6        (3) The provisions of this Section governing health
7    care provided during the transition period do not apply if
8    the beneficiary has successfully transitioned to another
9    provider participating in the network plan, if the
10    beneficiary has already met or exceeded the benefit
11    limitations of the plan, or if the care provided is not
12    medically necessary.
13    (c) In no event shall this Section be construed to require
14a network plan to provide coverage for benefits not otherwise
15covered or to diminish or impair preexisting condition
16limitations contained in the beneficiary's contract.
17    (d) A provider shall comply with the requirements of 42
18U.S.C. 300gg-138.
19(Source: P.A. 100-502, eff. 9-15-17.)
 
20    (215 ILCS 124/25)
21    Sec. 25. Network transparency.
22    (a) A network plan shall post electronically an
23up-to-date, accurate, and complete provider directory for each
24of its network plans, with the information and search
25functions, as described in this Section.

 

 

HB5395- 27 -LRB103 37071 RPS 67189 b

1        (1) In making the directory available electronically,
2    the network plans shall ensure that the general public is
3    able to view all of the current providers for a plan
4    through a clearly identifiable link or tab and without
5    creating or accessing an account or entering a policy or
6    contract number.
7        (2) The network plan shall update the online provider
8    directory at least monthly. An issuer's failure to update
9    a network plan's directory shall subject the issuer to a
10    civil penalty of $5,000 per month. Providers shall notify
11    the network plan electronically or in writing of any
12    changes to their information as listed in the provider
13    directory, including the information required in
14    subparagraph (K) of paragraph (1) of subsection (b). If a
15    provider is no longer accepting new patients, the provider
16    must give notice to the issuer within 10 business days
17    after deciding to cease accepting new patients, or within
18    10 business days after the effective date of this
19    amendatory Act of the 103rd General Assembly, whichever is
20    later. The network plan shall update its online provider
21    directory in a manner consistent with the information
22    provided by the provider within 2 10 business days after
23    being notified of the change by the provider. Nothing in
24    this paragraph (2) shall void any contractual relationship
25    between the provider and the plan.
26        (3) At least once every 90 days, the The network plan

 

 

HB5395- 28 -LRB103 37071 RPS 67189 b

1    shall audit each periodically at least 25% of its print
2    and online provider directories for accuracy, make any
3    corrections necessary, and retain documentation of the
4    audit. The network plan shall submit the audit to the
5    Director upon request. As part of these audits, the
6    network plan shall contact any provider in its network
7    that has not submitted a claim to the plan or otherwise
8    communicated his or her intent to continue participation
9    in the plan's network. The audits shall comply with 42
10    U.S.C. 300gg-115(a)(2), except that "provider directory
11    information" shall include all information required to be
12    included in a provider directory pursuant to this Act.
13        (4) A network plan shall provide a print copy of a
14    current provider directory or a print copy of the
15    requested directory information upon request of a
16    beneficiary or a prospective beneficiary. Print copies
17    must be updated quarterly and an errata that reflects
18    changes in the provider network must be updated quarterly.
19        (5) For each network plan, a network plan shall
20    include, in plain language in both the electronic and
21    print directory, the following general information:
22            (A) in plain language, a description of the
23        criteria the plan has used to build its provider
24        network;
25            (B) if applicable, in plain language, a
26        description of the criteria the issuer insurer or

 

 

HB5395- 29 -LRB103 37071 RPS 67189 b

1        network plan has used to create tiered networks;
2            (C) if applicable, in plain language, how the
3        network plan designates the different provider tiers
4        or levels in the network and identifies for each
5        specific provider, hospital, or other type of facility
6        in the network which tier each is placed, for example,
7        by name, symbols, or grouping, in order for a
8        beneficiary-covered person or a prospective
9        beneficiary-covered person to be able to identify the
10        provider tier; and
11            (D) if applicable, a notation that authorization
12        or referral may be required to access some providers.
13        (6) A network plan shall make it clear for both its
14    electronic and print directories what provider directory
15    applies to which network plan, such as including the
16    specific name of the network plan as marketed and issued
17    in this State. The network plan shall include in both its
18    electronic and print directories a customer service email
19    address and telephone number or electronic link that
20    beneficiaries or the general public may use to notify the
21    network plan of inaccurate provider directory information
22    and contact information for the Department's Office of
23    Consumer Health Insurance.
24        (7) A provider directory, whether in electronic or
25    print format, shall accommodate the communication needs of
26    individuals with disabilities, and include a link to or

 

 

HB5395- 30 -LRB103 37071 RPS 67189 b

1    information regarding available assistance for persons
2    with limited English proficiency.
3    (b) For each network plan, a network plan shall make
4available through an electronic provider directory the
5following information in a searchable format:
6        (1) for health care professionals:
7            (A) name;
8            (B) gender;
9            (C) participating office locations;
10            (D) specialty, if applicable;
11            (E) medical group affiliations, if applicable;
12            (F) facility affiliations, if applicable;
13            (G) participating facility affiliations, if
14        applicable;
15            (H) languages spoken other than English, if
16        applicable;
17            (I) whether accepting new patients;
18            (J) board certifications, if applicable; and
19            (K) use of telehealth or telemedicine, including,
20        but not limited to:
21                (i) whether the provider offers the use of
22            telehealth or telemedicine to deliver services to
23            patients for whom it would be clinically
24            appropriate;
25                (ii) what modalities are used and what types
26            of services may be provided via telehealth or

 

 

HB5395- 31 -LRB103 37071 RPS 67189 b

1            telemedicine; and
2                (iii) whether the provider has the ability and
3            willingness to include in a telehealth or
4            telemedicine encounter a family caregiver who is
5            in a separate location than the patient if the
6            patient wishes and provides his or her consent;
7            and
8            (L) whether patients can make an appointment to
9        visit the health care professional.
10        (2) for hospitals:
11            (A) hospital name;
12            (B) hospital type (such as acute, rehabilitation,
13        children's, or cancer);
14            (C) participating hospital location; and
15            (D) hospital accreditation status; and
16        (3) for facilities, other than hospitals, by type:
17            (A) facility name;
18            (B) facility type;
19            (C) types of services performed; and
20            (D) participating facility location or locations.
21    (c) For the electronic provider directories, for each
22network plan, a network plan shall make available all of the
23following information in addition to the searchable
24information required in this Section:
25        (1) for health care professionals:
26            (A) contact information, including both a

 

 

HB5395- 32 -LRB103 37071 RPS 67189 b

1        telephone number and digital contact information if
2        the provider has supplied digital contact information;
3        and
4            (B) languages spoken other than English by
5        clinical staff, if applicable;
6        (2) for hospitals, telephone number and digital
7    contact information; and
8        (3) for facilities other than hospitals, telephone
9    number.
10    (d) The issuer insurer or network plan shall make
11available in print, upon request, the following provider
12directory information for the applicable network plan:
13        (1) for health care professionals:
14            (A) name;
15            (B) contact information, including a telephone
16        number and digital contact information if the provider
17        has supplied digital contact information;
18            (C) participating office location or locations;
19            (D) specialty, if applicable;
20            (E) languages spoken other than English, if
21        applicable;
22            (F) whether accepting new patients; and
23            (G) use of telehealth or telemedicine, including,
24        but not limited to:
25                (i) whether the provider offers the use of
26            telehealth or telemedicine to deliver services to

 

 

HB5395- 33 -LRB103 37071 RPS 67189 b

1            patients for whom it would be clinically
2            appropriate;
3                (ii) what modalities are used and what types
4            of services may be provided via telehealth or
5            telemedicine; and
6                (iii) whether the provider has the ability and
7            willingness to include in a telehealth or
8            telemedicine encounter a family caregiver who is
9            in a separate location than the patient if the
10            patient wishes and provides his or her consent;
11            and
12            (H) whether patients can make an appointment to
13        visit the health care professional.
14        (2) for hospitals:
15            (A) hospital name;
16            (B) hospital type (such as acute, rehabilitation,
17        children's, or cancer); and
18            (C) participating hospital location, and telephone
19        number, and digital contact information; and
20        (3) for facilities, other than hospitals, by type:
21            (A) facility name;
22            (B) facility type;
23            (C) types of services performed; and
24            (D) participating facility location or locations,
25        and telephone numbers, and digital contact information
26        for each location.

 

 

HB5395- 34 -LRB103 37071 RPS 67189 b

1    (e) The network plan shall include a disclosure in the
2print format provider directory that the information included
3in the directory is accurate as of the date of printing and
4that beneficiaries or prospective beneficiaries should consult
5the issuer's insurer's electronic provider directory on its
6website and contact the provider. The network plan shall also
7include a telephone number in the print format provider
8directory for a customer service representative where the
9beneficiary can obtain current provider directory information.
10    (f) The Director may conduct periodic audits of the
11accuracy of provider directories. A network plan shall not be
12subject to any fines or penalties for information required in
13this Section that a provider submits that is inaccurate or
14incomplete.
15    (g) To the extent not otherwise provided in this Act, an
16issuer shall comply with the requirements of 42 U.S.C.
17300gg-115, except that "provider directory information" shall
18include all information required to be included in a provider
19directory pursuant to this Section.
20    (h) This Section applies to network plans not otherwise
21exempt under Section 3, including stand-alone dental plans.
22(Source: P.A. 102-92, eff. 7-9-21; revised 9-26-23.)
 
23    (215 ILCS 124/30)
24    Sec. 30. Administration and enforcement.
25    (a) Issuers Insurers, as defined in this Act, have a

 

 

HB5395- 35 -LRB103 37071 RPS 67189 b

1continuing obligation to comply with the requirements of this
2Act. Other than the duties specifically created in this Act,
3nothing in this Act is intended to preclude, prevent, or
4require the adoption, modification, or termination of any
5utilization management, quality management, or claims
6processing methodologies of an issuer insurer.
7    (b) Nothing in this Act precludes, prevents, or requires
8the adoption, modification, or termination of any network plan
9term, benefit, coverage or eligibility provision, or payment
10methodology.
11    (c) The Director shall enforce the provisions of this Act
12pursuant to the enforcement powers granted to it by law.
13    (d) The Department shall adopt rules to enforce compliance
14with this Act to the extent necessary.
15    (e) In accordance with Section 5-45 of the Illinois
16Administrative Procedure Act, the Department may adopt
17emergency rules to implement federal standards for provider
18ratios, travel time and distance, and appointment wait times
19if such standards apply to health insurance coverage regulated
20by the Department and are more stringent than the State
21standards extant at the time the final federal standards are
22published.
23(Source: P.A. 100-502, eff. 9-15-17.)
 
24    (215 ILCS 124/35 new)
25    Sec. 35. Provider requirements. Providers shall comply

 

 

HB5395- 36 -LRB103 37071 RPS 67189 b

1with 42 U.S.C. 300gg-138 and 300gg-139 and the regulations
2promulgated thereunder, as well as Section 20 and paragraph
3(2) of subsection (a) of Section 25 of this Act, except that
4"provider directory information" includes all information
5required to be included in a provider directory pursuant to
6Section 25 of this Act. To the extent a provider is licensed by
7the Department of Financial and Professional Regulation or by
8the Department of Public Health, that agency shall have the
9authority to investigate, examine, process complaints, issue
10subpoenas, examine witnesses under oath, issue a fine, or take
11disciplinary action against the provider's license for
12violations of these requirements in accordance with the
13provider's applicable licensing statute.
 
14    (215 ILCS 124/40 new)
15    Sec. 40. Confidentiality.
16    (a) All records in the custody or possession of the
17Department are presumed to be open to public inspection or
18copying unless exempt from disclosure by Section 7 or 7.5 of
19the Freedom of Information Act. Except as otherwise provided
20in this Section or other applicable law, the filings required
21under this Act shall be open to public inspection or copying.
22    (b) The following information shall not be deemed
23confidential:
24        (1) actual or projected ratios of providers to
25    beneficiaries;

 

 

HB5395- 37 -LRB103 37071 RPS 67189 b

1        (2) actual or projected time and distance between
2    network providers and beneficiaries or actual or projected
3    waiting times for a beneficiary to see a network provider;
4        (3) geographic maps of network providers;
5        (4) requests for exceptions under subsection (g) of
6    Section 10, except with respect to any discussion of
7    ongoing or planned contractual negotiations with providers
8    that the issuer requests to be treated as confidential;
9        (5) provider directories and provider lists; and
10        (6) insurer or Department statements of determination
11    as to whether a network plan has satisfied the Act's
12    requirements regarding the information described in this
13    subsection.
14    (c) An issuer's work papers and reports on the results of a
15self-audit of its provider directories shall remain
16confidential unless expressly waived by the insurer or unless
17deemed public information under federal law.
18    (d) The filings required under Section 10 of this Act
19shall be confidential while they remain under the Department's
20review but shall become open to public inspection and copying
21upon completion of the review, except as provided in this
22Section or under other applicable law.
23    (e) Nothing in this Section shall supersede the statutory
24requirement that work papers obtained during a market conduct
25examination be deemed confidential.
 

 

 

HB5395- 38 -LRB103 37071 RPS 67189 b

1    (215 ILCS 124/50 new)
2    Sec. 50. Funds for enforcement. Moneys from fines and
3penalties collected from issuers for violations of this Act
4shall be deposited into the Insurance Producer Administration
5Fund for appropriation by the General Assembly to the
6Department to be used for providing financial support of the
7Department's enforcement of this Act.
 
8    Section 20. The Managed Care Reform and Patient Rights Act
9is amended by changing Sections 20 and 25 as follows:
 
10    (215 ILCS 134/20)
11    Sec. 20. Notice of nonrenewal or termination. A health
12care plan must give at least 60 days notice of nonrenewal or
13termination of a health care provider to the health care
14provider and to the enrollees served by the health care
15provider. The notice shall include a name and address to which
16an enrollee or health care provider may direct comments and
17concerns regarding the nonrenewal or termination. Immediate
18written notice may be provided without 60 days notice when a
19health care provider's license has been disciplined by a State
20licensing board. The notice to the enrollee shall provide the
21individual with an opportunity to notify the health care plan
22of the individual's need for transitional care.
23(Source: P.A. 91-617, eff. 1-1-00.)
 

 

 

HB5395- 39 -LRB103 37071 RPS 67189 b

1    (215 ILCS 134/25)
2    Sec. 25. Transition of services.
3    (a) A health care plan shall provide for continuity of
4care for its enrollees as follows:
5        (1) If an enrollee's health care provider physician
6    leaves the health care plan's network of health care
7    providers for reasons other than termination of a contract
8    in situations involving imminent harm to a patient or a
9    final disciplinary action by a State licensing board and
10    the provider physician remains within the health care
11    plan's service area, or if benefits provided under such
12    health care plan with respect to such provider are
13    terminated because of a change in the terms of the
14    participation of such provider in such plan, or if a
15    contract between a group health plan, as defined in
16    Section 5 of the Illinois Health Insurance Portability and
17    Accountability Act, and a health care plan offered in
18    connection with the group health plan is terminated and
19    results in a loss of benefits provided under such plan
20    with respect to such provider, the health care plan shall
21    permit the enrollee to continue an ongoing course of
22    treatment with that provider physician during a
23    transitional period:
24            (A) of 90 days from the date of the notice of
25        provider's physician's termination from the health
26        care plan to the enrollee of the provider's

 

 

HB5395- 40 -LRB103 37071 RPS 67189 b

1        physician's disaffiliation from the health care plan
2        if the enrollee has an ongoing course of treatment; or
3            (B) if the enrollee has entered the third
4        trimester of pregnancy at the time of the provider's
5        physician's disaffiliation, that includes the
6        provision of post-partum care directly related to the
7        delivery.
8        (2) Notwithstanding the provisions in item (1) of this
9    subsection, such care shall be authorized by the health
10    care plan during the transitional period only if the
11    provider physician agrees:
12            (A) to continue to accept reimbursement from the
13        health care plan at the rates applicable prior to the
14        start of the transitional period;
15            (B) to adhere to the health care plan's quality
16        assurance requirements and to provide to the health
17        care plan necessary medical information related to
18        such care; and
19            (C) to otherwise adhere to the health care plan's
20        policies and procedures, including but not limited to
21        procedures regarding referrals and obtaining
22        preauthorizations for treatment.
23        (3) During an enrollee's plan year, a health care plan
24    shall not remove a drug from its formulary or negatively
25    change its preferred or cost-tier sharing unless, at least
26    60 days before making the formulary change, the health

 

 

HB5395- 41 -LRB103 37071 RPS 67189 b

1    care plan:
2            (A) provides general notification of the change in
3        its formulary to current and prospective enrollees;
4            (B) directly notifies enrollees currently
5        receiving coverage for the drug, including information
6        on the specific drugs involved and the steps they may
7        take to request coverage determinations and
8        exceptions, including a statement that a certification
9        of medical necessity by the enrollee's prescribing
10        provider will result in continuation of coverage at
11        the existing level; and
12            (C) directly notifies by first class mail and
13        through an electronic transmission, if available, the
14        prescribing provider of all health care plan enrollees
15        currently prescribed the drug affected by the proposed
16        change; the notice shall include a one-page form by
17        which the prescribing provider can notify the health
18        care plan by first class mail that coverage of the drug
19        for the enrollee is medically necessary.
20        The notification in paragraph (C) may direct the
21    prescribing provider to an electronic portal through which
22    the prescribing provider may electronically file a
23    certification to the health care plan that coverage of the
24    drug for the enrollee is medically necessary. The
25    prescribing provider may make a secure electronic
26    signature beside the words "certification of medical

 

 

HB5395- 42 -LRB103 37071 RPS 67189 b

1    necessity", and this certification shall authorize
2    continuation of coverage for the drug.
3        If the prescribing provider certifies to the health
4    care plan either in writing or electronically that the
5    drug is medically necessary for the enrollee as provided
6    in paragraph (C), a health care plan shall authorize
7    coverage for the drug prescribed based solely on the
8    prescribing provider's assertion that coverage is
9    medically necessary, and the health care plan is
10    prohibited from making modifications to the coverage
11    related to the covered drug, including, but not limited
12    to:
13            (i) increasing the out-of-pocket costs for the
14        covered drug;
15            (ii) moving the covered drug to a more restrictive
16        tier; or
17            (iii) denying an enrollee coverage of the drug for
18        which the enrollee has been previously approved for
19        coverage by the health care plan.
20        Nothing in this item (3) prevents a health care plan
21    from removing a drug from its formulary or denying an
22    enrollee coverage if the United States Food and Drug
23    Administration has issued a statement about the drug that
24    calls into question the clinical safety of the drug, the
25    drug manufacturer has notified the United States Food and
26    Drug Administration of a manufacturing discontinuance or

 

 

HB5395- 43 -LRB103 37071 RPS 67189 b

1    potential discontinuance of the drug as required by
2    Section 506C of the Federal Food, Drug, and Cosmetic Act,
3    as codified in 21 U.S.C. 356c, or the drug manufacturer
4    has removed the drug from the market.
5        Nothing in this item (3) prohibits a health care plan,
6    by contract, written policy or procedure, or any other
7    agreement or course of conduct, from requiring a
8    pharmacist to effect substitutions of prescription drugs
9    consistent with Section 19.5 of the Pharmacy Practice Act,
10    under which a pharmacist may substitute an interchangeable
11    biologic for a prescribed biologic product, and Section 25
12    of the Pharmacy Practice Act, under which a pharmacist may
13    select a generic drug determined to be therapeutically
14    equivalent by the United States Food and Drug
15    Administration and in accordance with the Illinois Food,
16    Drug and Cosmetic Act.
17        This item (3) applies to a policy or contract that is
18    amended, delivered, issued, or renewed on or after January
19    1, 2019. This item (3) does not apply to a health plan as
20    defined in the State Employees Group Insurance Act of 1971
21    or medical assistance under Article V of the Illinois
22    Public Aid Code.
23    (b) A health care plan shall provide for continuity of
24care for new enrollees as follows:
25        (1) If a new enrollee whose physician is not a member
26    of the health care plan's provider network, but is within

 

 

HB5395- 44 -LRB103 37071 RPS 67189 b

1    the health care plan's service area, enrolls in the health
2    care plan, the health care plan shall permit the enrollee
3    to continue an ongoing course of treatment with the
4    enrollee's current physician during a transitional period:
5            (A) of 90 days from the effective date of
6        enrollment if the enrollee has an ongoing course of
7        treatment; or
8            (B) if the enrollee has entered the third
9        trimester of pregnancy at the effective date of
10        enrollment, that includes the provision of post-partum
11        care directly related to the delivery.
12        (2) If an enrollee elects to continue to receive care
13    from such physician pursuant to item (1) of this
14    subsection, such care shall be authorized by the health
15    care plan for the transitional period only if the
16    physician agrees:
17            (A) to accept reimbursement from the health care
18        plan at rates established by the health care plan;
19        such rates shall be the level of reimbursement
20        applicable to similar physicians within the health
21        care plan for such services;
22            (B) to adhere to the health care plan's quality
23        assurance requirements and to provide to the health
24        care plan necessary medical information related to
25        such care; and
26            (C) to otherwise adhere to the health care plan's

 

 

HB5395- 45 -LRB103 37071 RPS 67189 b

1        policies and procedures including, but not limited to
2        procedures regarding referrals and obtaining
3        preauthorization for treatment.
4    (c) In no event shall this Section be construed to require
5a health care plan to provide coverage for benefits not
6otherwise covered or to diminish or impair preexisting
7condition limitations contained in the enrollee's contract. In
8no event shall this Section be construed to prohibit the
9addition of prescription drugs to a health care plan's list of
10covered drugs during the coverage year.
11    (d) In this Section, "ongoing course of treatment" has the
12meaning ascribed to that term in Section 5 of the Network
13Adequacy and Transparency Act.
14(Source: P.A. 100-1052, eff. 8-24-18.)
 
15    Section 95. No acceleration or delay. Where this Act makes
16changes in a statute that is represented in this Act by text
17that is not yet or no longer in effect (for example, a Section
18represented by multiple versions), the use of that text does
19not accelerate or delay the taking effect of (i) the changes
20made by this Act or (ii) provisions derived from any other
21Public Act.
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.