90th General Assembly
Summary of HB3265
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House Sponsors:
FLOWERS-KLINGLER-SCOTT-MCKEON-GASH, SILVA, FANTIN, 
   JONES,LOU, BURKE, PHELPS, PUGH, REITZ, RODRIGUEZ, 
   SCHAKOWSKY, SCULLY, SLONE, MCAULIFFE, DEUCHLER, DART, 
   HANNIG, GIGLIO, CURRY,JULIE, ACEVEDO, BOLAND, BRADLEY, 
   BUGIELSKI, CAPPARELLI, CROTTY, CURRIE, DAVIS,STEVE, 
   ERWIN, FEIGENHOLTZ, FRITCHEY, GILES, HARTKE, HOFFMAN, 
   HOWARD, JONES,SHIRLEY, KENNER, LANG, LOPEZ, LYONS,JOSEPH, 
   MORROW, MURPHY, NOVAK, SMITH,MICHAEL, STROGER, 
   YOUNGE, GRANBERG, MCGUIRE AND MOORE,EUGENE.

Short description: 
HMO HLTH ADVOCACY OFFICE                                                   

Synopsis of Bill as introduced:
        Amends the Health Maintenance Organization Act.  Establishes  the      
   office  of  health care consumer assistance, advocacy, and information      
   within  the  Department  of  Insurance.   Provides  for  an  executive      
   director appointed by the Governor to  a  3-year  term.   Directs  the      
   office  to  assist  health  care  consumers  on  a  statewide basis in      
   asserting their  contractual  and  legal  rights,  resolving  consumer      
   complaints,   and   obtaining  appropriate  referrals.   Requires  the      
   executive director to  make  quarterly  reports  to  the  Director  of      
   Insurance  and the Governor.  Requires an annual report to the General      
   Assembly including  recommendations  for  improving  the  health  care      
   consumer  assistance  and  complaint  resolution  process.   Effective      
   immediately.                                                                
        HOUSE AMENDMENT NO. 1.                                                 
          Adds reference to:                                                   
          New Act                                                              
          5 ILCS 375/6.12 new                                                  
          30 ILCS 105/5.480 new                                                
          30 ILCS 805/8.22 new                                                 
          55 ILCS 5/5-1069.8 new                                               
          65 ILCS 5/10-4-2.8 new                                               
          105 ILCS 5/10-22.3g new                                              
          215 ILCS 125/2-2                from Ch. 111 1/2, par. 1404          
          215 ILCS 125/6-7                from Ch. 111 1/2, par. 1418.7        
        Creates the Managed Care Reform Act.  Specifies information  that      
   must  be  disclosed by a managed care plan.  Establishes a multi-level      
   grievance procedure and also  provides  for  an  independent  external      
   review.   Requires  a  managed  care  plan  to  maintain  a  grievance      
   register.  Requires managed care plans to be certified by the Director      
   of  Public  Health  with  respect  to  adequacy  of provider networks.      
   Authorizes the Department of Public Health to impose civil  penalties.      
   Establishes  a process, including hearing, for termination of a health      
   care provider.  Requires managed care plans to report to  professional      
   disciplinary  agencies.   Provides for the registration of utilization      
   service agents.  Establishes  utilization  review  program  standards.      
   Requires  the  Department of Public Health to establish a Managed Care      
   Ombudsman Program.  Amends the State Finance Act to create the Managed      
   Care Entity Responsibility and Patients Rights Fund.  Amends the State      
   Mandates Act to require implementation without reimbursement.   Amends      
   the  State  Employees  Group Insurance Act of 1971, the Counties Code,      
   the Illinois Municipal  Code,  and  the  School  Code  to  impose  the      
   requirements  of  the  Managed  Care  Reform Act upon the provision of      
   health  care  under  those  Acts.   Amends  the   Health   Maintenance      
   Organization  Act  to  provide for 2 public members to be appointed to      
   the  Health  Maintenance  Organization  Guaranty  Association   Board.      
   Effective July 1, 1999.                                                     
        HOUSE AMENDMENT NO. 2.                                                 
        Provides that health insurance carriers, health care  plans,  and      
   other  managed  care  entities  for health care plans have the duty to      
   exercise ordinary care when making health care treatment decisions and      
   are liable for damages for harm to an insured or enrollee  proximately      
   caused by the failure to exercise ordinary care.  Authorizes a private      
   right of action.  Defines terms. Applies only to causes of action that      
   accrue on or after the effective date of the Act.                           
          FISCAL NOTE, AMENDED (Dpt. of Insurance)                             
          Staffing could cost as much as $250,000 annually.                    
          STATE MANDATES ACT FISCAL NOTE, H-AMS 1 & 2                          
          Creates a "personnel mandate" requiring 100% reimbursement.          
 
Last action on Bill: SESSION SINE DIE

   Last action date: 99-01-12

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   2     SENATE -   0


   END OF INQUIRY 
                                                                               



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