Full Text of HB4935 96th General Assembly
HB4935ham001 96TH GENERAL ASSEMBLY
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Health Care Licenses Committee
Adopted in House Comm. on Mar 25, 2010
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09600HB4935ham001 |
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LRB096 16173 AMC 38576 a |
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| AMENDMENT TO HOUSE BILL 4935
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| 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
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| on page 3, by deleting lines 1 through 7; and
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| on page 7, by replacing lines 18 through 26 with the following: |
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09600HB4935ham001 |
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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 |
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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
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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 | 4 |
| amended by adding Section 50 as follows: | 5 |
| (225 ILCS 47/50 new) | 6 |
| 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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09600HB4935ham001 |
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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 |
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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 |
| (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 |
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09600HB4935ham001 |
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LRB096 16173 AMC 38576 a |
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| 1 |
| 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 |
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09600HB4935ham001 |
- 8 - |
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 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 |
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09600HB4935ham001 |
- 9 - |
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
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09600HB4935ham001 |
- 10 - |
LRB096 16173 AMC 38576 a |
|
| 1 |
| 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 |
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09600HB4935ham001 |
- 11 - |
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 |
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|
09600HB4935ham001 |
- 12 - |
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 |
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09600HB4935ham001 |
- 13 - |
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. ".
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