[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
92_HB3052 LRB9208265LBmb 1 AN ACT in relation to healthcare. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Notice to Health Carriers Act. 6 Section 5. Definitions. For purposes of this Act: 7 "Adverse action" means any action by the Department 8 reducing, limiting, restricting, impairing, suspending, 9 revoking, denying, or failing to renew the license of a 10 physician or other licensed health care professional. 11 "Department" means the Department of Professional 12 Regulation. 13 "Health carrier" or "carrier" means an entity subject to 14 the insurance laws of this State that contracts or offers to 15 contract to provide, deliver, arrange for, pay for, or 16 reimburse any of the costs of health care services. 17 "Licensed health care professional" means an individual 18 who is licensed or otherwise authorized by law to provide 19 health care items and services. 20 Section 10. Required notice. Whenever the Department of 21 Professional Regulation takes any adverse action against a 22 physician or other licensed health care professional, the 23 Department shall notify each health carrier that requests 24 that information not later than 7 days after the close of 25 the month in which the action is taken, except that the 26 Department may by rule designate categories or types of cases 27 in which more timely notice is appropriate and specify a 28 deadline for the notice in those cases. 29 Section 15. Contents of notice. The notice required by -2- LRB9208265LBmb 1 Section 10 shall be in such a form as the Department may 2 require and shall specify the adverse action taken, the date 3 on which the action becomes effective, and any corrective 4 actions taken by the Department including, but not limited 5 to, requiring the physician or other health care professional 6 to obtain additional continuing education credits or other 7 training, except that the notice may not include any 8 individually identifiable health information with respect to 9 a patient of the physician or other licensed health care 10 professional. 11 Section 20. Effect on health carrier contracts. A health 12 carrier may impose a limitation, restriction, suspension, or 13 termination on the agreement under which a physician or 14 licensed health care professional who is the subject of a 15 notice under Section 10 furnishes health care items and 16 services to participants, beneficiaries, or enrollees of the 17 health carrier effective on or after the date upon which the 18 notice under Section 10 is provided to the health carrier, if 19 the health carrier determines that: 20 (1) the physician or licensed health care 21 professional poses an imminent threat to the health and 22 safety of participants, beneficiaries, or enrollees of 23 the plan; 24 (2) the physician or licensed health care 25 professional has engaged in fraudulent activities with 26 respect to the health carrier or has provided false or 27 misleading information to the health carrier or withheld 28 information from the health carrier on matters relating 29 to the professional conduct or qualifications of the 30 physician or licensed health care professional; or 31 (3) the adverse action of which the health carrier 32 was notified pursuant to Section 10 removes or 33 significantly impairs the ability of the physician or -3- LRB9208265LBmb 1 licensed health care professional to furnish health care 2 items and services to participants, beneficiaries, or 3 enrollees of the health carrier. 4 Section 25. Immunity. A physician or licensed health 5 care professional who is the subject of a limitation, 6 restriction, suspension, or termination of the agreement 7 under which the physician or health care professional 8 furnishes health care items or services to participants, 9 beneficiaries, or enrollees of a health carrier shall have no 10 cause of action for damages arising from such action of the 11 health carrier. 12 Section 99. Effective date. This Act takes effect upon 13 becoming law.