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NETWORK ADEQUACY-GENETIC MED, the official text

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HB1331 Enrolled                     LRB104 07370 BAB 17410 b

1   AN ACT concerning regulation.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Network Adequacy and Transparency Act is

5 amended by changing Section 10 as follows:

6   (215 ILCS 124/10)

7   (Text of Section from P.A. 103-650)

8   Sec. 10. Network adequacy.

9   (a) Before issuing, delivering, or renewing a network

10 plan, an issuer providing a network plan shall file a

11 description of all of the following with the Director:

12  (1) The written policies and procedures for adding

13  providers to meet patient needs based on increases in the

14  number  of         beneficiaries,    changes  in       the

15  patient-to-provider ratio, changes in medical and health

16  care capabilities, and increased demand for services.

17  (2) The written policies and procedures for making

18  referrals within and outside the network.

19  (3) The written policies and procedures on how the

20  network plan will provide 24-hour, 7-day per week access

21  to network-affiliated primary care, emergency services,

22  and women's principal health care providers.

23  An issuer shall not prohibit a preferred provider from
    HB1331 Enrolled    -2-              LRB104 07370 BAB 17410 b

1 discussing any specific or all treatment options with

2 beneficiaries irrespective of the insurer's position on those

3 treatment options or from advocating on behalf of

4 beneficiaries within the utilization review, grievance, or

5 appeals processes established by the issuer in accordance with

6 any rights or remedies available under applicable State or

7 federal law.

8   (b) Before issuing, delivering, or renewing a network

9 plan, an issuer must file for review a description of the

10 services to be offered through a network plan. The description

11 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
    HB1331 Enrolled       -3-      LRB104 07370 BAB 17410 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
    HB1331 Enrolled  -4-  LRB104 07370 BAB 17410 b

1   of the preferred providers, as protected by the Health

2   Care Right of Conscience Act, the issuer shall ensure,

3   directly or indirectly, by terms contained in the payer

4   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
    HB1331 Enrolled           -5-     LRB104 07370 BAB 17410 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 shall demonstrate to the Director a minimum

20 ratio of providers to plan beneficiaries as required by the

21 Department for each network plan.

22  (1) The minimum ratio of physicians or other providers

23  to plan beneficiaries shall be established 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
    HB1331 Enrolled      -6-  LRB104 07370 BAB 17410 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;
    HB1331 Enrolled  -7-             LRB104 07370 BAB 17410 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; and.

10  (DD) Genetic Medicine and Genetic Counseling.

11  (2) The Director shall establish a process for the

12  review of the adequacy of these standards, along with an

13  assessment of additional specialties to be included in the

14  list under this subsection (c).

15  (3) Notwithstanding any other law or rule, the minimum

16  ratio for each provider type shall be no less than any such

17  ratio established for qualified health plans in

18  Federally-Facilitated Exchanges by federal law or by the

19  federal Centers for Medicare and Medicaid Services, even

20  if the network plan is issued in the large group market or

21  is otherwise not issued through an exchange. Federal

22  standards for stand-alone dental plans shall only apply to

23  such network plans. In the absence of an applicable

24  Department rule, the federal standards shall apply for the

25  time period specified in the federal law, regulation, or

26  guidance. If the Centers for Medicare and Medicaid
    HB1331 Enrolled     -8-       LRB104 07370 BAB 17410 b

1   Services establish standards that are more stringent than

2   the standards in effect under any Department rule, the

3   Department may amend its rules to conform to the more

4   stringent federal standards.

5   (d) The network plan shall demonstrate to the Director

6 maximum travel and distance standards and appointment wait

7 time standards for plan beneficiaries, which shall be

8 established by the Department in consultation with the

9 Department of Public Health based upon the guidance from the

10 federal Centers for Medicare and Medicaid Services. These

11 standards shall consist of the maximum minutes or miles to be

12 traveled by a plan beneficiary for each county type, such as

13 large counties, metro counties, or rural counties as defined

14 by Department rule.

15  The maximum travel time and distance standards must

16 include standards for each physician and other provider

17 category listed for which ratios have been established.

18  The Director shall establish a process for the review of

19 the adequacy of these standards along with an assessment of

20 additional specialties to be included in the list under this

21 subsection (d).

22  Notwithstanding any other law or Department rule, the

23 maximum travel time and distance standards and appointment

24 wait time standards shall be no greater than any such

25 standards established for qualified health plans in

26 Federally-Facilitated Exchanges by federal law or by the
    HB1331 Enrolled  -9-  LRB104 07370 BAB 17410 b

1 federal Centers for Medicare and Medicaid Services, even if

2 the network plan is issued in the large group market or is

3 otherwise not issued through an exchange. Federal standards

4 for stand-alone dental plans shall only apply to such network

5 plans. In the absence of an applicable Department rule, the

6 federal standards shall apply for the time period specified in

7 the federal law, regulation, or guidance. If the Centers for

8 Medicare and Medicaid Services establish standards that are

9 more stringent than the standards in effect under any

10 Department rule, the Department may amend its rules to conform

11 to the more stringent federal standards.

12  If the federal area designations for the maximum time or

13 distance or appointment wait time standards required are

14 changed by the most recent Letter to Issuers in the

15 Federally-facilitated Marketplaces, the Department shall post

16 on its website notice of such changes and may amend its rules

17 to conform to those designations if the Director deems

18 appropriate.

19  (d-5)(1) Every issuer shall ensure that beneficiaries have

20 timely and proximate access to treatment for mental,

21 emotional, nervous, or substance use disorders or conditions

22 in accordance with the provisions of paragraph (4) of

23 subsection (a) of Section 370c of the Illinois Insurance Code.

24 Issuers shall use a comparable process, strategy, evidentiary

25 standard, and other factors in the development and application

26 of the network adequacy standards for timely and proximate
    HB1331 Enrolled         - 10 - LRB104 07370 BAB 17410 b

1 access to treatment for mental, emotional, nervous, or

2 substance use disorders or conditions and those for the access

3 to treatment for medical and surgical conditions. As such, the

4 network adequacy standards for timely and proximate access

5 shall equally be applied to treatment facilities and providers

6 for mental, emotional, nervous, or substance use disorders or

7 conditions and specialists providing medical or surgical

8 benefits pursuant to the parity requirements of Section 370c.1

9 of the Illinois Insurance Code and the federal Paul Wellstone

10 and Pete Domenici Mental Health Parity and Addiction Equity

11 Act of 2008. Notwithstanding the foregoing, the network

12 adequacy standards for timely and proximate access to

13 treatment for mental, emotional, nervous, or substance use

14 disorders or conditions shall, at a minimum, satisfy the

15 following requirements:

16  (A) For beneficiaries residing in the metropolitan

17  counties of Cook, DuPage, Kane, Lake, McHenry, and Will,

18  network adequacy standards for timely and proximate access

19  to treatment for mental, emotional, nervous, or substance

20  use disorders or conditions means a beneficiary shall not

21  have to travel longer than 30 minutes or 30 miles from the

22  beneficiary's residence to receive outpatient treatment

23  for mental, emotional, nervous, or substance use disorders

24  or conditions. Beneficiaries shall not be required to wait

25  longer than 10 business days between requesting an initial

26  appointment and being seen by the facility or provider of
    HB1331 Enrolled  - 11 - LRB104 07370 BAB 17410 b

1   mental, emotional, nervous, or substance use disorders or

2   conditions for outpatient treatment or to wait longer than

3   20 business days between requesting a repeat or follow-up

4   appointment and being seen by the facility or provider of

5   mental, emotional, nervous, or substance use disorders or

6   conditions for outpatient treatment; however, subject to

7   the protections of paragraph (3) of this subsection, a

8   network plan shall not be held responsible if the

9   beneficiary or provider voluntarily chooses to schedule an

10  appointment outside of these required time frames.

11  (B) For beneficiaries residing in Illinois counties

12  other than those counties listed in subparagraph (A) of

13  this paragraph, network adequacy standards for timely and

14  proximate access to treatment for mental, emotional,

15  nervous, or substance use disorders or conditions means a

16  beneficiary shall not have to travel longer than 60

17  minutes or 60 miles from the beneficiary's residence to

18  receive outpatient treatment for mental, emotional,

19  nervous, or substance use disorders or conditions.

20  Beneficiaries shall not be required to wait longer than 10

21  business days between requesting an initial appointment

22  and being seen by the facility or provider of mental,

23  emotional, nervous, or substance use disorders or

24  conditions for outpatient treatment or to wait longer than

25  20 business days between requesting a repeat or follow-up

26  appointment and being seen by the facility or provider of
    HB1331 Enrolled          - 12 - LRB104 07370 BAB 17410 b

1   mental, emotional, nervous, or substance use disorders or

2   conditions for outpatient treatment; however, subject to

3   the protections of paragraph (3) of this subsection, a

4   network plan shall not be held responsible if the

5   beneficiary or provider voluntarily chooses to schedule an

6   appointment outside of these required time frames.

7   (2) For beneficiaries residing in all Illinois counties,

8 network adequacy standards for timely and proximate access to

9 treatment for mental, emotional, nervous, or substance use

10 disorders or conditions means a beneficiary shall not have to

11 travel longer than 60 minutes or 60 miles from the

12 beneficiary's residence to receive inpatient or residential

13 treatment for mental, emotional, nervous, or substance use

14 disorders or conditions.

15  (3) If there is no in-network facility or provider

16 available for a beneficiary to receive timely and proximate

17 access to treatment for mental, emotional, nervous, or

18 substance use disorders or conditions in accordance with the

19 network adequacy standards outlined in this subsection, the

20 issuer shall provide necessary exceptions to its network to

21 ensure admission and treatment with a provider or at a

22 treatment facility in accordance with the network adequacy

23 standards in this subsection.

24  (4) If the federal Centers for Medicare and Medicaid

25 Services establishes or law requires more stringent standards

26 for qualified health plans in the Federally-Facilitated
    HB1331 Enrolled          - 13 - LRB104 07370 BAB 17410 b

1 Exchanges, the federal standards shall control for all network

2 plans for the time period specified in the federal law,

3 regulation, or guidance, even if the network plan is issued in

4 the large group market, is issued through a different type of

5 Exchange, or is otherwise not issued through an Exchange.

6   (e) Except for network plans solely offered as a group

7 health plan, these ratio and time and distance standards apply

8 to the lowest cost-sharing tier of any tiered network.

9   (f) The network plan may consider use of other health care

10 service delivery options, such as telemedicine or telehealth,

11 mobile clinics, and centers of excellence, or other ways of

12 delivering care to partially meet the requirements set under

13 this Section.

14  (g) Except for the requirements set forth in subsection

15 (d-5), issuers who are not able to comply with the provider

16 ratios and time and distance or appointment wait time

17 standards established under this Act or federal law may

18 request an exception to these requirements from the

19 Department. The Department may grant an exception in the

20 following circumstances:

21  (1) if no providers or facilities meet the specific

22  time and distance standard in a specific service area and

23  the issuer (i) discloses information on the distance and

24  travel time points that beneficiaries would have to travel

25  beyond the required criterion to reach the next closest

26  contracted provider outside of the service area and (ii)
    HB1331 Enrolled  - 14 - LRB104 07370 BAB 17410 b

1   provides contact information, including names, addresses,

2   and phone numbers for the next closest contracted provider

3   or facility;

4   (2) if patterns of care in the service area do not

5   support the need for the requested number of provider or

6   facility type and the issuer provides data on local

7   patterns of care, such as claims data, referral patterns,

8   or local provider interviews, indicating where the

9   beneficiaries currently seek this type of care or where

10  the physicians currently refer beneficiaries, or both; or

11  (3) other circumstances deemed appropriate by the

12  Department consistent with the requirements of this Act.

13  (h) Issuers are required to report to the Director any

14 material change to an approved network plan within 15 business

15 days after the change occurs and any change that would result

16 in failure to meet the requirements of this Act. The issuer

17 shall submit a revised version of the portions of the network

18 adequacy filing affected by the material change, as determined

19 by the Director by rule, and the issuer shall attach versions

20 with the changes indicated for each document that was revised

21 from the previous version of the filing. Upon notice from the

22 issuer, the Director shall reevaluate the network plan's

23 compliance with the network adequacy and transparency

24 standards of this Act. For every day past 15 business days that

25 the issuer fails to submit a revised network adequacy filing

26 to the Director, the Director may order a fine of $5,000 per
    HB1331 Enrolled  - 15 - LRB104 07370 BAB 17410 b

1 day.

2   (i) If a network plan is inadequate under this Act with

3 respect to a provider type in a county, and if the network plan

4 does not have an approved exception for that provider type in

5 that county pursuant to subsection (g), an issuer shall cover

6 out-of-network claims for covered health care services

7 received from that provider type within that county at the

8 in-network benefit level and shall retroactively adjudicate

9 and reimburse beneficiaries to achieve that objective if their

10 claims were processed at the out-of-network level contrary to

11 this subsection. Nothing in this subsection shall be construed

12 to supersede Section 356z.3a of the Illinois Insurance Code.

13  (j) If the Director determines that a network is

14 inadequate in any county and no exception has been granted

15 under subsection (g) and the issuer does not have a process in

16 place to comply with subsection (d-5), the Director may

17 prohibit the network plan from being issued or renewed within

18 that county until the Director determines that the network is

19 adequate apart from processes and exceptions described in

20 subsections (d-5) and (g). Nothing in this subsection shall be

21 construed to terminate any beneficiary's health insurance

22 coverage under a network plan before the expiration of the

23 beneficiary's policy period if the Director makes a

24 determination under this subsection after the issuance or

25 renewal of the beneficiary's policy or certificate because of

26 a material change. Policies or certificates issued or renewed
    HB1331 Enrolled  - 16 - LRB104 07370 BAB 17410 b

1 in violation of this subsection may subject the issuer to a

2 civil penalty of $5,000 per policy.

3   (k) For the Department to enforce any new or modified

4 federal standard before the Department adopts the standard by

5 rule, the Department must, no later than May 15 before the

6 start of the plan year, give public notice to the affected

7 health insurance issuers through a bulletin.

8 (Source: P.A. 102-144, eff. 1-1-22; 102-901, eff. 7-1-22;

9 102-1117, eff. 1-13-23; 103-650, eff. 1-1-25.)

10  (Text of Section from P.A. 103-656)

11  Sec. 10. Network adequacy.

12  (a) An insurer providing a network plan shall file a

13 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 insurer shall not prohibit a preferred provider from
    HB1331 Enrolled    - 17 - LRB104 07370 BAB 17410 b

1 discussing any specific or all treatment options with

2 beneficiaries irrespective of the insurer's position on those

3 treatment options or from advocating on behalf of

4 beneficiaries within the utilization review, grievance, or

5 appeals processes established by the insurer in accordance

6 with any rights or remedies available under applicable State

7 or federal law.

8   (b) Insurers must file for review a description of the

9 services to be offered through a network plan. The description

10 shall include all of the following:

11  (1) A geographic map of the area proposed to be served

12  by the plan by county service area and zip code, including

13  marked locations for preferred providers.

14  (2) As deemed necessary by the Department, the names,

15  addresses, phone numbers, and specialties of the providers

16  who have entered into preferred provider agreements under

17  the network plan.

18  (3) The number of beneficiaries anticipated to be

19  covered by the network plan.

20  (4) An Internet website and toll-free telephone number

21  for beneficiaries and prospective beneficiaries to access

22  current and accurate lists of preferred providers,

23  additional information about the plan, as well as any

24  other information required by Department rule.

25  (5) A description of how health care services to be

26  rendered under the network plan are reasonably accessible
    HB1331 Enrolled       - 18 - LRB104 07370 BAB 17410 b

1   and available to beneficiaries. The description shall

2   address all of the following:

3   (A) the type of health care services to be

4   provided by the network plan;

5   (B) the ratio of physicians and other providers to

6   beneficiaries, by specialty and including primary care

7   physicians and facility-based physicians when

8   applicable under the contract, necessary to meet the

9   health care needs and service demands of the currently

10  enrolled population;

11  (C) the travel and distance standards for plan

12  beneficiaries in county service areas; and

13  (D) a description of how the use of telemedicine,

14  telehealth, or mobile care services may be used to

15  partially meet the network adequacy standards, if

16  applicable.

17  (6) A provision ensuring that whenever a beneficiary

18  has made a good faith effort, as evidenced by accessing

19  the provider directory, calling the network plan, and

20  calling the provider, to utilize preferred providers for a

21  covered service and it is determined the insurer does not

22  have the appropriate preferred providers due to

23  insufficient number, type, unreasonable travel distance or

24  delay, or preferred providers refusing to provide a

25  covered service because it is contrary to the conscience

26  of the preferred providers, as protected by the Health
    HB1331 Enrolled  - 19 - LRB104 07370 BAB 17410 b

1   Care Right of Conscience Act, the insurer shall ensure,

2   directly or indirectly, by terms contained in the payer

3   contract, that the beneficiary will be provided the

4   covered service at no greater cost to the beneficiary than

5   if the service had been provided by a preferred provider.

6   This paragraph (6) does not apply to: (A) a beneficiary

7   who willfully chooses to access a non-preferred provider

8   for health care services available through the panel of

9   preferred providers, or (B) a beneficiary enrolled in a

10  health maintenance organization. In these circumstances,

11  the contractual requirements for non-preferred provider

12  reimbursements shall apply unless Section 356z.3a of the

13  Illinois Insurance Code requires otherwise. In no event

14  shall a beneficiary who receives care at a participating

15  health care facility be required to search for

16  participating providers under the circumstances described

17  in subsection (b) or (b-5) of Section 356z.3a of the

18  Illinois Insurance Code except under the circumstances

19  described in paragraph (2) of subsection (b-5).

20  (7) A provision that the beneficiary shall receive

21  emergency care coverage such that payment for this

22  coverage is not dependent upon whether the emergency

23  services are performed by a preferred or non-preferred

24  provider and the coverage shall be at the same benefit

25  level as if the service or treatment had been rendered by a

26  preferred provider. For purposes of this paragraph (7),
    HB1331 Enrolled        - 20 - LRB104 07370 BAB 17410 b

1   "the same benefit level" means that the beneficiary is

2   provided the covered service at no greater cost to the

3   beneficiary than if the service had been provided by a

4   preferred provider. This provision shall be consistent

5   with Section 356z.3a of the Illinois Insurance Code.

6   (8) A limitation that complies with subsections (d)

7   and (e) of Section 55 of the Prior Authorization Reform

8   Act.

9   (c) The network plan shall demonstrate to the Director a

10 minimum ratio of providers to plan beneficiaries as required

11 by the Department.

12  (1) The ratio of physicians or other providers to plan

13  beneficiaries shall be established annually by the

14  Department in consultation with the Department of Public

15  Health based upon the guidance from the federal Centers

16  for Medicare and Medicaid Services. The Department shall

17  not establish ratios for vision or dental providers who

18  provide services under dental-specific or vision-specific

19  benefits. The Department shall consider establishing

20  ratios for the following physicians or other providers:

21        (A) Primary Care;

22        (B) Pediatrics;

23        (C) Cardiology;

24        (D) Gastroenterology;

25        (E) General Surgery;

26        (F) Neurology;
    HB1331 Enrolled   - 21 - LRB104 07370 BAB 17410 b

1   (G) OB/GYN;

2   (H) Oncology/Radiation;

3   (I) Ophthalmology;

4   (J) Urology;

5   (K) Behavioral Health;

6   (L) Allergy/Immunology;

7   (M) Chiropractic;

8   (N) Dermatology;

9   (O) Endocrinology;

10  (P) Ears, Nose, and Throat (ENT)/Otolaryngology;

11  (Q) Infectious Disease;

12  (R) Nephrology;

13  (S) Neurosurgery;

14  (T) Orthopedic Surgery;

15  (U) Physiatry/Rehabilitative;

16  (V) Plastic Surgery;

17  (W) Pulmonary;

18  (X) Rheumatology;

19  (Y) Anesthesiology;

20  (Z) Pain Medicine;

21  (AA) Pediatric Specialty Services;

22  (BB) Outpatient Dialysis; and

23  (CC) HIV; and.

24  (DD) Genetic Medicine and Genetic Counseling.

25  (2) The Director shall establish a process for the

26  review of the adequacy of these standards, along with an
    HB1331 Enrolled  - 22 - LRB104 07370 BAB 17410 b

1   assessment of additional specialties to be included in the

2   list under this subsection (c).

3   (d) The network plan shall demonstrate to the Director

4 maximum travel and distance standards for plan beneficiaries,

5 which shall be established annually by the Department in

6 consultation with the Department of Public Health based upon

7 the guidance from the federal Centers for Medicare and

8 Medicaid Services. These standards shall consist of the

9 maximum minutes or miles to be traveled by a plan beneficiary

10 for each county type, such as large counties, metro counties,

11 or rural counties as defined by Department rule.

12  The maximum travel time and distance standards must

13 include standards for each physician and other provider

14 category listed for which ratios have been established.

15  The Director shall establish a process for the review of

16 the adequacy of these standards along with an assessment of

17 additional specialties to be included in the list under this

18 subsection (d).

19  (d-5)(1) Every insurer shall ensure that beneficiaries

20 have timely and proximate access to treatment for mental,

21 emotional, nervous, or substance use disorders or conditions

22 in accordance with the provisions of paragraph (4) of

23 subsection (a) of Section 370c of the Illinois Insurance Code.

24 Insurers shall use a comparable process, strategy, evidentiary

25 standard, and other factors in the development and application

26 of the network adequacy standards for timely and proximate
    HB1331 Enrolled         - 23 - LRB104 07370 BAB 17410 b

1 access to treatment for mental, emotional, nervous, or

2 substance use disorders or conditions and those for the access

3 to treatment for medical and surgical conditions. As such, the

4 network adequacy standards for timely and proximate access

5 shall equally be applied to treatment facilities and providers

6 for mental, emotional, nervous, or substance use disorders or

7 conditions and specialists providing medical or surgical

8 benefits pursuant to the parity requirements of Section 370c.1

9 of the Illinois Insurance Code and the federal Paul Wellstone

10 and Pete Domenici Mental Health Parity and Addiction Equity

11 Act of 2008. Notwithstanding the foregoing, the network

12 adequacy standards for timely and proximate access to

13 treatment for mental, emotional, nervous, or substance use

14 disorders or conditions shall, at a minimum, satisfy the

15 following requirements:

16  (A) For beneficiaries residing in the metropolitan

17  counties of Cook, DuPage, Kane, Lake, McHenry, and Will,

18  network adequacy standards for timely and proximate access

19  to treatment for mental, emotional, nervous, or substance

20  use disorders or conditions means a beneficiary shall not

21  have to travel longer than 30 minutes or 30 miles from the

22  beneficiary's residence to receive outpatient treatment

23  for mental, emotional, nervous, or substance use disorders

24  or conditions. Beneficiaries shall not be required to wait

25  longer than 10 business days between requesting an initial

26  appointment and being seen by the facility or provider of
    HB1331 Enrolled  - 24 - LRB104 07370 BAB 17410 b

1   mental, emotional, nervous, or substance use disorders or

2   conditions for outpatient treatment or to wait longer than

3   20 business days between requesting a repeat or follow-up

4   appointment and being seen by the facility or provider of

5   mental, emotional, nervous, or substance use disorders or

6   conditions for outpatient treatment; however, subject to

7   the protections of paragraph (3) of this subsection, a

8   network plan shall not be held responsible if the

9   beneficiary or provider voluntarily chooses to schedule an

10  appointment outside of these required time frames.

11  (B) For beneficiaries residing in Illinois counties

12  other than those counties listed in subparagraph (A) of

13  this paragraph, network adequacy standards for timely and

14  proximate access to treatment for mental, emotional,

15  nervous, or substance use disorders or conditions means a

16  beneficiary shall not have to travel longer than 60

17  minutes or 60 miles from the beneficiary's residence to

18  receive outpatient treatment for mental, emotional,

19  nervous, or substance use disorders or conditions.

20  Beneficiaries shall not be required to wait longer than 10

21  business days between requesting an initial appointment

22  and being seen by the facility or provider of mental,

23  emotional, nervous, or substance use disorders or

24  conditions for outpatient treatment or to wait longer than

25  20 business days between requesting a repeat or follow-up

26  appointment and being seen by the facility or provider of
    HB1331 Enrolled          - 25 - LRB104 07370 BAB 17410 b

1   mental, emotional, nervous, or substance use disorders or

2   conditions for outpatient treatment; however, subject to

3   the protections of paragraph (3) of this subsection, a

4   network plan shall not be held responsible if the

5   beneficiary or provider voluntarily chooses to schedule an

6   appointment outside of these required time frames.

7   (2) For beneficiaries residing in all Illinois counties,

8 network adequacy standards for timely and proximate access to

9 treatment for mental, emotional, nervous, or substance use

10 disorders or conditions means a beneficiary shall not have to

11 travel longer than 60 minutes or 60 miles from the

12 beneficiary's residence to receive inpatient or residential

13 treatment for mental, emotional, nervous, or substance use

14 disorders or conditions.

15  (3) If there is no in-network facility or provider

16 available for a beneficiary to receive timely and proximate

17 access to treatment for mental, emotional, nervous, or

18 substance use disorders or conditions in accordance with the

19 network adequacy standards outlined in this subsection, the

20 insurer shall provide necessary exceptions to its network to

21 ensure admission and treatment with a provider or at a

22 treatment facility in accordance with the network adequacy

23 standards in this subsection.

24  (e) Except for network plans solely offered as a group

25 health plan, these ratio and time and distance standards apply

26 to the lowest cost-sharing tier of any tiered network.
    HB1331 Enrolled          - 26 - LRB104 07370 BAB 17410 b

1   (f) The network plan may consider use of other health care

2 service delivery options, such as telemedicine or telehealth,

3 mobile clinics, and centers of excellence, or other ways of

4 delivering care to partially meet the requirements set under

5 this Section.

6   (g) Except for the requirements set forth in subsection

7 (d-5), insurers who are not able to comply with the provider

8 ratios and time and distance standards established by the

9 Department may request an exception to these requirements from

10 the Department. The Department may grant an exception in the

11 following circumstances:

12  (1) if no providers or facilities meet the specific

13  time and distance standard in a specific service area and

14  the insurer (i) discloses information on the distance and

15  travel time points that beneficiaries would have to travel

16  beyond the required criterion to reach the next closest

17  contracted provider outside of the service area and (ii)

18  provides contact information, including names, addresses,

19  and phone numbers for the next closest contracted provider

20  or facility;

21  (2) if patterns of care in the service area do not

22  support the need for the requested number of provider or

23  facility type and the insurer provides data on local

24  patterns of care, such as claims data, referral patterns,

25  or local provider interviews, indicating where the

26  beneficiaries currently seek this type of care or where
    HB1331 Enrolled        - 27 - LRB104 07370 BAB 17410 b

1   the physicians currently refer beneficiaries, or both; or

2   (3) other circumstances deemed appropriate by the

3   Department consistent with the requirements of this Act.

4   (h) Insurers are required to report to the Director any

5 material change to an approved network plan within 15 days

6 after the change occurs and any change that would result in

7 failure to meet the requirements of this Act. Upon notice from

8 the insurer, the Director shall reevaluate the network plan's

9 compliance with the network adequacy and transparency

10 standards of this Act.

11 (Source: P.A. 102-144, eff. 1-1-22; 102-901, eff. 7-1-22;

12 102-1117, eff. 1-13-23; 103-656, eff. 1-1-25.)

13  (Text of Section from P.A. 103-718)

14  Sec. 10. Network adequacy.

15  (a) An insurer providing a network plan shall file a

16 description of all of the following with the Director:

17  (1) The written policies and procedures for adding

18  providers to meet patient needs based on increases in the

19  number  of       beneficiaries,      changes   in      the

20  patient-to-provider ratio, changes in medical and health

21  care capabilities, and increased demand for services.

22  (2) The written policies and procedures for making

23  referrals within and outside the network.

24  (3) The written policies and procedures on how the

25  network plan will provide 24-hour, 7-day per week access
    HB1331 Enrolled    - 28 - LRB104 07370 BAB 17410 b

1   to network-affiliated primary care, emergency services,

2   and obstetrical and gynecological health care

3   professionals.

4   An insurer shall not prohibit a preferred provider from

5 discussing any specific or all treatment options with

6 beneficiaries irrespective of the insurer's position on those

7 treatment options or from advocating on behalf of

8 beneficiaries within the utilization review, grievance, or

9 appeals processes established by the insurer in accordance

10 with any rights or remedies available under applicable State

11 or federal law.

12  (b) Insurers must file for review a description of the

13 services to be offered through a network plan. The description

14 shall include all of the following:

15  (1) A geographic map of the area proposed to be served

16  by the plan by county service area and zip code, including

17  marked locations for preferred providers.

18  (2) As deemed necessary by the Department, the names,

19  addresses, phone numbers, and specialties of the providers

20  who have entered into preferred provider agreements under

21  the network plan.

22  (3) The number of beneficiaries anticipated to be

23  covered by the network plan.

24  (4) An Internet website and toll-free telephone number

25  for beneficiaries and prospective beneficiaries to access

26  current and accurate lists of preferred providers,
    HB1331 Enrolled       - 29 - LRB104 07370 BAB 17410 b

1   additional information about the plan, as well as any

2   other information required by Department rule.

3   (5) A description of how health care services to be

4   rendered under the network plan are reasonably accessible

5   and available to beneficiaries. The description shall

6   address all of the following:

7   (A) the type of health care services to be

8   provided by the network plan;

9   (B) the ratio of physicians and other providers to

10  beneficiaries, by specialty and including primary care

11  physicians and facility-based physicians when

12  applicable under the contract, necessary to meet the

13  health care needs and service demands of the currently

14  enrolled population;

15  (C) the travel and distance standards for plan

16  beneficiaries in county service areas; and

17  (D) a description of how the use of telemedicine,

18  telehealth, or mobile care services may be used to

19  partially meet the network adequacy standards, if

20  applicable.

21  (6) A provision ensuring that whenever a beneficiary

22  has made a good faith effort, as evidenced by accessing

23  the provider directory, calling the network plan, and

24  calling the provider, to utilize preferred providers for a

25  covered service and it is determined the insurer does not

26  have the appropriate preferred providers due to
    HB1331 Enrolled  - 30 - LRB104 07370 BAB 17410 b

1   insufficient number, type, unreasonable travel distance or

2   delay, or preferred providers refusing to provide a

3   covered service because it is contrary to the conscience

4   of the preferred providers, as protected by the Health

5   Care Right of Conscience Act, the insurer shall ensure,

6   directly or indirectly, by terms contained in the payer

7   contract, that the beneficiary will be provided the

8   covered service at no greater cost to the beneficiary than

9   if the service had been provided by a preferred provider.

10  This paragraph (6) does not apply to: (A) a beneficiary

11  who willfully chooses to access a non-preferred provider

12  for health care services available through the panel of

13  preferred providers, or (B) a beneficiary enrolled in a

14  health maintenance organization. In these circumstances,

15  the contractual requirements for non-preferred provider

16  reimbursements shall apply unless Section 356z.3a of the

17  Illinois Insurance Code requires otherwise. In no event

18  shall a beneficiary who receives care at a participating

19  health care facility be required to search for

20  participating providers under the circumstances described

21  in subsection (b) or (b-5) of Section 356z.3a of the

22  Illinois Insurance Code except under the circumstances

23  described in paragraph (2) of subsection (b-5).

24  (7) A provision that the beneficiary shall receive

25  emergency care coverage such that payment for this

26  coverage is not dependent upon whether the emergency
    HB1331 Enrolled           - 31 - LRB104 07370 BAB 17410 b

1   services are performed by a preferred or non-preferred

2   provider and the coverage shall be at the same benefit

3   level as if the service or treatment had been rendered by a

4   preferred provider. For purposes of this paragraph (7),

5   "the same benefit level" means that the beneficiary is

6   provided the covered service at no greater cost to the

7   beneficiary than if the service had been provided by a

8   preferred provider. This provision shall be consistent

9   with Section 356z.3a of the Illinois Insurance Code.

10  (8) A limitation that, if the plan provides that the

11  beneficiary will incur a penalty for failing to

12  pre-certify inpatient hospital treatment, the penalty may

13  not exceed $1,000 per occurrence in addition to the plan

14  cost-sharing provisions.

15  (c) The network plan shall demonstrate to the Director a

16 minimum ratio of providers to plan beneficiaries as required

17 by the Department.

18  (1) The ratio of physicians or other providers to plan

19  beneficiaries shall be established annually by the

20  Department in consultation with the Department of Public

21  Health based upon the guidance from the federal Centers

22  for Medicare and Medicaid Services. The Department shall

23  not establish ratios for vision or dental providers who

24  provide services under dental-specific or vision-specific

25  benefits. The Department shall consider establishing

26  ratios for the following physicians or other providers:
    HB1331 Enrolled   - 32 - LRB104 07370 BAB 17410 b

1   (A) Primary Care;

2   (B) Pediatrics;

3   (C) Cardiology;

4   (D) Gastroenterology;

5   (E) General Surgery;

6   (F) Neurology;

7   (G) OB/GYN;

8   (H) Oncology/Radiation;

9   (I) Ophthalmology;

10  (J) Urology;

11  (K) Behavioral Health;

12  (L) Allergy/Immunology;

13  (M) Chiropractic;

14  (N) Dermatology;

15  (O) Endocrinology;

16  (P) Ears, Nose, and Throat (ENT)/Otolaryngology;

17  (Q) Infectious Disease;

18  (R) Nephrology;

19  (S) Neurosurgery;

20  (T) Orthopedic Surgery;

21  (U) Physiatry/Rehabilitative;

22  (V) Plastic Surgery;

23  (W) Pulmonary;

24  (X) Rheumatology;

25  (Y) Anesthesiology;

26  (Z) Pain Medicine;
    HB1331 Enrolled  - 33 - LRB104 07370 BAB 17410 b

1   (AA) Pediatric Specialty Services;

2   (BB) Outpatient Dialysis; and

3   (CC) HIV; and.

4   (DD) Genetic Medicine and Genetic Counseling.

5   (2) The Director shall establish a process for the

6   review of the adequacy of these standards, along with an

7   assessment of additional specialties to be included in the

8   list under this subsection (c).

9   (d) The network plan shall demonstrate to the Director

10 maximum travel and distance standards for plan beneficiaries,

11 which shall be established annually by the Department in

12 consultation with the Department of Public Health based upon

13 the guidance from the federal Centers for Medicare and

14 Medicaid Services. These standards shall consist of the

15 maximum minutes or miles to be traveled by a plan beneficiary

16 for each county type, such as large counties, metro counties,

17 or rural counties as defined by Department rule.

18  The maximum travel time and distance standards must

19 include standards for each physician and other provider

20 category listed for which ratios have been established.

21  The Director shall establish a process for the review of

22 the adequacy of these standards along with an assessment of

23 additional specialties to be included in the list under this

24 subsection (d).

25  (d-5)(1) Every insurer shall ensure that beneficiaries

26 have timely and proximate access to treatment for mental,
    HB1331 Enrolled         - 34 - LRB104 07370 BAB 17410 b

1 emotional, nervous, or substance use disorders or conditions

2 in accordance with the provisions of paragraph (4) of

3 subsection (a) of Section 370c of the Illinois Insurance Code.

4 Insurers shall use a comparable process, strategy, evidentiary

5 standard, and other factors in the development and application

6 of the network adequacy standards for timely and proximate

7 access to treatment for mental, emotional, nervous, or

8 substance use disorders or conditions and those for the access

9 to treatment for medical and surgical conditions. As such, the

10 network adequacy standards for timely and proximate access

11 shall equally be applied to treatment facilities and providers

12 for mental, emotional, nervous, or substance use disorders or

13 conditions and specialists providing medical or surgical

14 benefits pursuant to the parity requirements of Section 370c.1

15 of the Illinois Insurance Code and the federal Paul Wellstone

16 and Pete Domenici Mental Health Parity and Addiction Equity

17 Act of 2008. Notwithstanding the foregoing, the network

18 adequacy standards for timely and proximate access to

19 treatment for mental, emotional, nervous, or substance use

20 disorders or conditions shall, at a minimum, satisfy the

21 following requirements:

22  (A) For beneficiaries residing in the metropolitan

23  counties of Cook, DuPage, Kane, Lake, McHenry, and Will,

24  network adequacy standards for timely and proximate access

25  to treatment for mental, emotional, nervous, or substance

26  use disorders or conditions means a beneficiary shall not
    HB1331 Enrolled  - 35 - LRB104 07370 BAB 17410 b

1   have to travel longer than 30 minutes or 30 miles from the

2   beneficiary's residence to receive outpatient treatment

3   for mental, emotional, nervous, or substance use disorders

4   or conditions. Beneficiaries shall not be required to wait

5   longer than 10 business days between requesting an initial

6   appointment and being seen by the facility or provider of

7   mental, emotional, nervous, or substance use disorders or

8   conditions for outpatient treatment or to wait longer than

9   20 business days between requesting a repeat or follow-up

10  appointment and being seen by the facility or provider of

11  mental, emotional, nervous, or substance use disorders or

12  conditions for outpatient treatment; however, subject to

13  the protections of paragraph (3) of this subsection, a

14  network plan shall not be held responsible if the

15  beneficiary or provider voluntarily chooses to schedule an

16  appointment outside of these required time frames.

17  (B) For beneficiaries residing in Illinois counties

18  other than those counties listed in subparagraph (A) of

19  this paragraph, network adequacy standards for timely and

20  proximate access to treatment for mental, emotional,

21  nervous, or substance use disorders or conditions means a

22  beneficiary shall not have to travel longer than 60

23  minutes or 60 miles from the beneficiary's residence to

24  receive outpatient treatment for mental, emotional,

25  nervous, or substance use disorders or conditions.

26  Beneficiaries shall not be required to wait longer than 10
    HB1331 Enrolled          - 36 - LRB104 07370 BAB 17410 b

1   business days between requesting an initial appointment

2   and being seen by the facility or provider of mental,

3   emotional, nervous, or substance use disorders or

4   conditions for outpatient treatment or to wait longer than

5   20 business days between requesting a repeat or follow-up

6   appointment and being seen by the facility or provider of

7   mental, emotional, nervous, or substance use disorders or

8   conditions for outpatient treatment; however, subject to

9   the protections of paragraph (3) of this subsection, a

10  network plan shall not be held responsible if the

11  beneficiary or provider voluntarily chooses to schedule an

12  appointment outside of these required time frames.

13  (2) For beneficiaries residing in all Illinois counties,

14 network adequacy standards for timely and proximate access to

15 treatment for mental, emotional, nervous, or substance use

16 disorders or conditions means a beneficiary shall not have to

17 travel longer than 60 minutes or 60 miles from the

18 beneficiary's residence to receive inpatient or residential

19 treatment for mental, emotional, nervous, or substance use

20 disorders or conditions.

21  (3) If there is no in-network facility or provider

22 available for a beneficiary to receive timely and proximate

23 access to treatment for mental, emotional, nervous, or

24 substance use disorders or conditions in accordance with the

25 network adequacy standards outlined in this subsection, the

26 insurer shall provide necessary exceptions to its network to
    HB1331 Enrolled          - 37 - LRB104 07370 BAB 17410 b

1 ensure admission and treatment with a provider or at a

2 treatment facility in accordance with the network adequacy

3 standards in this subsection.

4   (e) Except for network plans solely offered as a group

5 health plan, these ratio and time and distance standards apply

6 to the lowest cost-sharing tier of any tiered network.

7   (f) The network plan may consider use of other health care

8 service delivery options, such as telemedicine or telehealth,

9 mobile clinics, and centers of excellence, or other ways of

10 delivering care to partially meet the requirements set under

11 this Section.

12  (g) Except for the requirements set forth in subsection

13 (d-5), insurers who are not able to comply with the provider

14 ratios and time and distance standards established by the

15 Department may request an exception to these requirements from

16 the Department. The Department may grant an exception in the

17 following circumstances:

18  (1) if no providers or facilities meet the specific

19  time and distance standard in a specific service area and

20  the insurer (i) discloses information on the distance and

21  travel time points that beneficiaries would have to travel

22  beyond the required criterion to reach the next closest

23  contracted provider outside of the service area and (ii)

24  provides contact information, including names, addresses,

25  and phone numbers for the next closest contracted provider

26  or facility;
    HB1331 Enrolled        - 38 - LRB104 07370 BAB 17410 b

1   (2) if patterns of care in the service area do not

2   support the need for the requested number of provider or

3   facility type and the insurer provides data on local

4   patterns of care, such as claims data, referral patterns,

5   or local provider interviews, indicating where the

6   beneficiaries currently seek this type of care or where

7   the physicians currently refer beneficiaries, or both; or

8   (3) other circumstances deemed appropriate by the

9   Department consistent with the requirements of this Act.

10  (h) Insurers are required to report to the Director any

11 material change to an approved network plan within 15 days

12 after the change occurs and any change that would result in

13 failure to meet the requirements of this Act. Upon notice from

14 the insurer, the Director shall reevaluate the network plan's

15 compliance with the network adequacy and transparency

16 standards of this Act.

17 (Source: P.A. 102-144, eff. 1-1-22; 102-901, eff. 7-1-22;

18 102-1117, eff. 1-13-23; 103-718, eff. 7-19-24.)

19  (Text of Section from P.A. 103-777)

20  Sec. 10. Network adequacy.

21  (a) An insurer providing a network plan shall file a

22 description of all of the following with the Director:

23  (1) The written policies and procedures for adding

24  providers to meet patient needs based on increases in the

25  number  of       beneficiaries,      changes    in     the
    HB1331 Enrolled    - 39 - LRB104 07370 BAB 17410 b

1   patient-to-provider ratio, changes in medical and health

2   care capabilities, and increased demand for services.

3   (2) The written policies and procedures for making

4   referrals within and outside the network.

5   (3) The written policies and procedures on how the

6   network plan will provide 24-hour, 7-day per week access

7   to network-affiliated primary care, emergency services,

8   and women's principal health care providers.

9   An insurer shall not prohibit a preferred provider from

10 discussing any specific or all treatment options with

11 beneficiaries irrespective of the insurer's position on those

12 treatment options or from advocating on behalf of

13 beneficiaries within the utilization review, grievance, or

14 appeals processes established by the insurer in accordance

15 with any rights or remedies available under applicable State

16 or federal law.

17  (b) Insurers must file for review a description of the

18 services to be offered through a network plan. The description

19 shall include all of the following:

20  (1) A geographic map of the area proposed to be served

21  by the plan by county service area and zip code, including

22  marked locations for preferred providers.

23  (2) As deemed necessary by the Department, the names,

24  addresses, phone numbers, and specialties of the providers

25  who have entered into preferred provider agreements under

26  the network plan.
    HB1331 Enrolled       - 40 - LRB104 07370 BAB 17410 b

1   (3) The number of beneficiaries anticipated to be

2   covered by the network plan.

3   (4) An Internet website and toll-free telephone number

4   for beneficiaries and prospective beneficiaries to access

5   current and accurate lists of preferred providers,

6   additional information about the plan, as well as any

7   other information required by Department rule.

8   (5) A description of how health care services to be

9   rendered under the network plan are reasonably accessible

10  and available to beneficiaries. The description shall

11  address all of the following:

12  (A) the type of health care services to be

13  provided by the network plan;

14  (B) the ratio of physicians and other providers to

15  beneficiaries, by specialty and including primary care

16  physicians and facility-based physicians when

17  applicable under the contract, necessary to meet the

18  health care needs and service demands of the currently

19  enrolled population;

20  (C) the travel and distance standards for plan

21  beneficiaries in county service areas; and

22  (D) a description of how the use of telemedicine,

23  telehealth, or mobile care services may be used to

24  partially meet the network adequacy standards, if

25  applicable.

26  (6) A provision ensuring that whenever a beneficiary
    HB1331 Enrolled  - 41 - LRB104 07370 BAB 17410 b

1   has made a good faith effort, as evidenced by accessing

2   the provider directory, calling the network plan, and

3   calling the provider, to utilize preferred providers for a

4   covered service and it is determined the insurer does not

5   have the appropriate preferred providers due to

6   insufficient number, type, unreasonable travel distance or

7   delay, or preferred providers refusing to provide a

8   covered service because it is contrary to the conscience

9   of the preferred providers, as protected by the Health

10  Care Right of Conscience Act, the insurer shall ensure,

11  directly or indirectly, by terms contained in the payer

12  contract, that the beneficiary will be provided the

13  covered service at no greater cost to the beneficiary than

14  if the service had been provided by a preferred provider.

15  This paragraph (6) does not apply to: (A) a beneficiary

16  who willfully chooses to access a non-preferred provider

17  for health care services available through the panel of

18  preferred providers, or (B) a beneficiary enrolled in a

19  health maintenance organization. In these circumstances,

20  the contractual requirements for non-preferred provider

21  reimbursements shall apply unless Section 356z.3a of the

22  Illinois Insurance Code requires otherwise. In no event

23  shall a beneficiary who receives care at a participating

24  health care facility be required to search for

25  participating providers under the circumstances described

26  in subsection (b) or (b-5) of Section 356z.3a of the
    HB1331 Enrolled           - 42 - LRB104 07370 BAB 17410 b

1   Illinois Insurance Code except under the circumstances

2   described in paragraph (2) of subsection (b-5).

3   (7) A provision that the beneficiary shall receive

4   emergency care coverage such that payment for this

5   coverage is not dependent upon whether the emergency

6   services are performed by a preferred or non-preferred

7   provider and the coverage shall be at the same benefit

8   level as if the service or treatment had been rendered by a

9   preferred provider. For purposes of this paragraph (7),

10  "the same benefit level" means that the beneficiary is

11  provided the covered service at no greater cost to the

12  beneficiary than if the service had been provided by a

13  preferred provider. This provision shall be consistent

14  with Section 356z.3a of the Illinois Insurance Code.

15  (8) A limitation that, if the plan provides that the

16  beneficiary will incur a penalty for failing to

17  pre-certify inpatient hospital treatment, the penalty may

18  not exceed $1,000 per occurrence in addition to the plan

19  cost sharing provisions.

20  (c) The network plan shall demonstrate to the Director a

21 minimum ratio of providers to plan beneficiaries as required

22 by the Department.

23  (1) The ratio of physicians or other providers to plan

24  beneficiaries shall be established annually by the

25  Department in consultation with the Department of Public

26  Health based upon the guidance from the federal Centers
    HB1331 Enrolled      - 43 - LRB104 07370 BAB 17410 b

1   for Medicare and Medicaid Services. The Department shall

2   not establish ratios for vision or dental providers who

3   provide services under dental-specific or vision-specific

4   benefits, except to the extent provided under federal law

5   for stand-alone dental plans. The Department shall

6   consider establishing ratios for the following physicians

7   or other providers:

8   (A) Primary Care;

9   (B) Pediatrics;

10  (C) Cardiology;

11  (D) Gastroenterology;

12  (E) General Surgery;

13  (F) Neurology;

14  (G) OB/GYN;

15  (H) Oncology/Radiation;

16  (I) Ophthalmology;

17  (J) Urology;

18  (K) Behavioral Health;

19  (L) Allergy/Immunology;

20  (M) Chiropractic;

21  (N) Dermatology;

22  (O) Endocrinology;

23  (P) Ears, Nose, and Throat (ENT)/Otolaryngology;

24  (Q) Infectious Disease;

25  (R) Nephrology;

26  (S) Neurosurgery;
    HB1331 Enrolled  - 44 - LRB104 07370 BAB 17410 b

1   (T) Orthopedic Surgery;

2   (U) Physiatry/Rehabilitative;

3   (V) Plastic Surgery;

4   (W) Pulmonary;

5   (X) Rheumatology;

6   (Y) Anesthesiology;

7   (Z) Pain Medicine;

8   (AA) Pediatric Specialty Services;

9   (BB) Outpatient Dialysis; and

10  (CC) HIV; and.

11  (DD) Genetic Medicine and Genetic Counseling.

12  (2) The Director shall establish a process for the

13  review of the adequacy of these standards, along with an

14  assessment of additional specialties to be included in the

15  list under this subsection (c).

16  (3) If the federal Centers for Medicare and Medicaid

17  Services establishes minimum provider ratios for

18  stand-alone dental plans in the type of exchange in use in

19  this State for a given plan year, the Department shall

20  enforce those standards for stand-alone dental plans for

21  that plan year.

22  (d) The network plan shall demonstrate to the Director

23 maximum travel and distance standards for plan beneficiaries,

24 which shall be established annually by the Department in

25 consultation with the Department of Public Health based upon

26 the guidance from the federal Centers for Medicare and
    HB1331 Enrolled  - 45 - LRB104 07370 BAB 17410 b

1 Medicaid Services. These standards shall consist of the

2 maximum minutes or miles to be traveled by a plan beneficiary

3 for each county type, such as large counties, metro counties,

4 or rural counties as defined by Department rule.

5   The maximum travel time and distance standards must

6 include standards for each physician and other provider

7 category listed for which ratios have been established.

8   The Director shall establish a process for the review of

9 the adequacy of these standards along with an assessment of

10 additional specialties to be included in the list under this

11 subsection (d).

12  If the federal Centers for Medicare and Medicaid Services

13 establishes appointment wait-time standards for qualified

14 health plans, including stand-alone dental plans, in the type

15 of exchange in use in this State for a given plan year, the

16 Department shall enforce those standards for the same types of

17 qualified health plans for that plan year. If the federal

18 Centers for Medicare and Medicaid Services establishes time

19 and distance standards for stand-alone dental plans in the

20 type of exchange in use in this State for a given plan year,

21 the Department shall enforce those standards for stand-alone

22 dental plans for that plan year.

23  (d-5)(1) Every insurer shall ensure that beneficiaries

24 have timely and proximate access to treatment for mental,

25 emotional, nervous, or substance use disorders or conditions

26 in accordance with the provisions of paragraph (4) of
    HB1331 Enrolled         - 46 - LRB104 07370 BAB 17410 b

1 subsection (a) of Section 370c of the Illinois Insurance Code.

2 Insurers shall use a comparable process, strategy, evidentiary

3 standard, and other factors in the development and application

4 of the network adequacy standards for timely and proximate

5 access to treatment for mental, emotional, nervous, or

6 substance use disorders or conditions and those for the access

7 to treatment for medical and surgical conditions. As such, the

8 network adequacy standards for timely and proximate access

9 shall equally be applied to treatment facilities and providers

10 for mental, emotional, nervous, or substance use disorders or

11 conditions and specialists providing medical or surgical

12 benefits pursuant to the parity requirements of Section 370c.1

13 of the Illinois Insurance Code and the federal Paul Wellstone

14 and Pete Domenici Mental Health Parity and Addiction Equity

15 Act of 2008. Notwithstanding the foregoing, the network

16 adequacy standards for timely and proximate access to

17 treatment for mental, emotional, nervous, or substance use

18 disorders or conditions shall, at a minimum, satisfy the

19 following requirements:

20  (A) For beneficiaries residing in the metropolitan

21  counties of Cook, DuPage, Kane, Lake, McHenry, and Will,

22  network adequacy standards for timely and proximate access

23  to treatment for mental, emotional, nervous, or substance

24  use disorders or conditions means a beneficiary shall not

25  have to travel longer than 30 minutes or 30 miles from the

26  beneficiary's residence to receive outpatient treatment
    HB1331 Enrolled  - 47 - LRB104 07370 BAB 17410 b

1   for mental, emotional, nervous, or substance use disorders

2   or conditions. Beneficiaries shall not be required to wait

3   longer than 10 business days between requesting an initial

4   appointment and being seen by the facility or provider of

5   mental, emotional, nervous, or substance use disorders or

6   conditions for outpatient treatment or to wait longer than

7   20 business days between requesting a repeat or follow-up

8   appointment and being seen by the facility or provider of

9   mental, emotional, nervous, or substance use disorders or

10  conditions for outpatient treatment; however, subject to

11  the protections of paragraph (3) of this subsection, a

12  network plan shall not be held responsible if the

13  beneficiary or provider voluntarily chooses to schedule an

14  appointment outside of these required time frames.

15  (B) For beneficiaries residing in Illinois counties

16  other than those counties listed in subparagraph (A) of

17  this paragraph, network adequacy standards for timely and

18  proximate access to treatment for mental, emotional,

19  nervous, or substance use disorders or conditions means a

20  beneficiary shall not have to travel longer than 60

21  minutes or 60 miles from the beneficiary's residence to

22  receive outpatient treatment for mental, emotional,

23  nervous, or substance use disorders or conditions.

24  Beneficiaries shall not be required to wait longer than 10

25  business days between requesting an initial appointment

26  and being seen by the facility or provider of mental,
    HB1331 Enrolled          - 48 - LRB104 07370 BAB 17410 b

1   emotional, nervous, or substance use disorders or

2   conditions for outpatient treatment or to wait longer than

3   20 business days between requesting a repeat or follow-up

4   appointment and being seen by the facility or provider of

5   mental, emotional, nervous, or substance use disorders or

6   conditions for outpatient treatment; however, subject to

7   the protections of paragraph (3) of this subsection, a

8   network plan shall not be held responsible if the

9   beneficiary or provider voluntarily chooses to schedule an

10  appointment outside of these required time frames.

11  (2) For beneficiaries residing in all Illinois counties,

12 network adequacy standards for timely and proximate access to

13 treatment for mental, emotional, nervous, or substance use

14 disorders or conditions means a beneficiary shall not have to

15 travel longer than 60 minutes or 60 miles from the

16 beneficiary's residence to receive inpatient or residential

17 treatment for mental, emotional, nervous, or substance use

18 disorders or conditions.

19  (3) If there is no in-network facility or provider

20 available for a beneficiary to receive timely and proximate

21 access to treatment for mental, emotional, nervous, or

22 substance use disorders or conditions in accordance with the

23 network adequacy standards outlined in this subsection, the

24 insurer shall provide necessary exceptions to its network to

25 ensure admission and treatment with a provider or at a

26 treatment facility in accordance with the network adequacy
    HB1331 Enrolled          - 49 - LRB104 07370 BAB 17410 b

1 standards in this subsection.

2   (4) If the federal Centers for Medicare and Medicaid

3 Services establishes a more stringent standard in any county

4 than specified in paragraph (1) or (2) of this subsection

5 (d-5) for qualified health plans in the type of exchange in use

6 in this State for a given plan year, the federal standard shall

7 apply in lieu of the standard in paragraph (1) or (2) of this

8 subsection (d-5) for qualified health plans for that plan

9 year.

10  (e) Except for network plans solely offered as a group

11 health plan, these ratio and time and distance standards apply

12 to the lowest cost-sharing tier of any tiered network.

13  (f) The network plan may consider use of other health care

14 service delivery options, such as telemedicine or telehealth,

15 mobile clinics, and centers of excellence, or other ways of

16 delivering care to partially meet the requirements set under

17 this Section.

18  (g) Except for the requirements set forth in subsection

19 (d-5), insurers who are not able to comply with the provider

20 ratios, time and distance standards, and appointment wait-time

21 standards established under this Act or federal law may

22 request an exception to these requirements from the

23 Department. The Department may grant an exception in the

24 following circumstances:

25       (1) if no providers or facilities meet the specific

26  time and distance standard in a specific service area and
    HB1331 Enrolled        - 50 - LRB104 07370 BAB 17410 b

1   the insurer (i) discloses information on the distance and

2   travel time points that beneficiaries would have to travel

3   beyond the required criterion to reach the next closest

4   contracted provider outside of the service area and (ii)

5   provides contact information, including names, addresses,

6   and phone numbers for the next closest contracted provider

7   or facility;

8   (2) if patterns of care in the service area do not

9   support the need for the requested number of provider or

10  facility type and the insurer provides data on local

11  patterns of care, such as claims data, referral patterns,

12  or local provider interviews, indicating where the

13  beneficiaries currently seek this type of care or where

14  the physicians currently refer beneficiaries, or both; or

15  (3) other circumstances deemed appropriate by the

16  Department consistent with the requirements of this Act.

17  (h) Insurers are required to report to the Director any

18 material change to an approved network plan within 15 days

19 after the change occurs and any change that would result in

20 failure to meet the requirements of this Act. Upon notice from

21 the insurer, the Director shall reevaluate the network plan's

22 compliance with the network adequacy and transparency

23 standards of this Act.

24 (Source: P.A. 102-144, eff. 1-1-22; 102-901, eff. 7-1-22;

25 102-1117, eff. 1-13-23; 103-777, eff. 1-1-25.)
    HB1331 Enrolled  - 51 - LRB104 07370 BAB 17410 b

1   (Text of Section from P.A. 103-906)

2   Sec. 10. Network adequacy.

3   (a) An insurer providing a network plan shall file a

4 description of all of the following with the Director:

5   (1) The written policies and procedures for adding

6   providers to meet patient needs based on increases in the

7   number  of       beneficiaries,      changes  in       the

8   patient-to-provider ratio, changes in medical and health

9   care capabilities, and increased demand for services.

10  (2) The written policies and procedures for making

11  referrals within and outside the network.

12  (3) The written policies and procedures on how the

13  network plan will provide 24-hour, 7-day per week access

14  to network-affiliated primary care, emergency services,

15  and women's principal health care providers.

16  An insurer shall not prohibit a preferred provider from

17 discussing any specific or all treatment options with

18 beneficiaries irrespective of the insurer's position on those

19 treatment options or from advocating on behalf of

20 beneficiaries within the utilization review, grievance, or

21 appeals processes established by the insurer in accordance

22 with any rights or remedies available under applicable State

23 or federal law.

24  (b) Insurers must file for review a description of the

25 services to be offered through a network plan. The description

26 shall include all of the following:
    HB1331 Enrolled       - 52 - LRB104 07370 BAB 17410 b

1   (1) A geographic map of the area proposed to be served

2   by the plan by county service area and zip code, including

3   marked locations for preferred providers.

4   (2) As deemed necessary by the Department, the names,

5   addresses, phone numbers, and specialties of the providers

6   who have entered into preferred provider agreements under

7   the network plan.

8   (3) The number of beneficiaries anticipated to be

9   covered by the network plan.

10  (4) An Internet website and toll-free telephone number

11  for beneficiaries and prospective beneficiaries to access

12  current and accurate lists of preferred providers,

13  additional information about the plan, as well as any

14  other information required by Department rule.

15  (5) A description of how health care services to be

16  rendered under the network plan are reasonably accessible

17  and available to beneficiaries. The description shall

18  address all of the following:

19  (A) the type of health care services to be

20  provided by the network plan;

21  (B) the ratio of physicians and other providers to

22  beneficiaries, by specialty and including primary care

23  physicians and facility-based physicians when

24  applicable under the contract, necessary to meet the

25  health care needs and service demands of the currently

26  enrolled population;
    HB1331 Enrolled  - 53 - LRB104 07370 BAB 17410 b

1   (C) the travel and distance standards for plan

2   beneficiaries in county service areas; and

3   (D) a description of how the use of telemedicine,

4   telehealth, or mobile care services may be used to

5   partially meet the network adequacy standards, if

6   applicable.

7   (6) A provision ensuring that whenever a beneficiary

8   has made a good faith effort, as evidenced by accessing

9   the provider directory, calling the network plan, and

10  calling the provider, to utilize preferred providers for a

11  covered service and it is determined the insurer does not

12  have the appropriate preferred providers due to

13  insufficient number, type, unreasonable travel distance or

14  delay, or preferred providers refusing to provide a

15  covered service because it is contrary to the conscience

16  of the preferred providers, as protected by the Health

17  Care Right of Conscience Act, the insurer shall ensure,

18  directly or indirectly, by terms contained in the payer

19  contract, that the beneficiary will be provided the

20  covered service at no greater cost to the beneficiary than

21  if the service had been provided by a preferred provider.

22  This paragraph (6) does not apply to: (A) a beneficiary

23  who willfully chooses to access a non-preferred provider

24  for health care services available through the panel of

25  preferred providers, or (B) a beneficiary enrolled in a

26  health maintenance organization. In these circumstances,
    HB1331 Enrolled           - 54 - LRB104 07370 BAB 17410 b

1   the contractual requirements for non-preferred provider

2   reimbursements shall apply unless Section 356z.3a of the

3   Illinois Insurance Code requires otherwise. In no event

4   shall a beneficiary who receives care at a participating

5   health care facility be required to search for

6   participating providers under the circumstances described

7   in subsection (b) or (b-5) of Section 356z.3a of the

8   Illinois Insurance Code except under the circumstances

9   described in paragraph (2) of subsection (b-5).

10  (7) A provision that the beneficiary shall receive

11  emergency care coverage such that payment for this

12  coverage is not dependent upon whether the emergency

13  services are performed by a preferred or non-preferred

14  provider and the coverage shall be at the same benefit

15  level as if the service or treatment had been rendered by a

16  preferred provider. For purposes of this paragraph (7),

17  "the same benefit level" means that the beneficiary is

18  provided the covered service at no greater cost to the

19  beneficiary than if the service had been provided by a

20  preferred provider. This provision shall be consistent

21  with Section 356z.3a of the Illinois Insurance Code.

22  (8) A limitation that, if the plan provides that the

23  beneficiary will incur a penalty for failing to

24  pre-certify inpatient hospital treatment, the penalty may

25  not exceed $1,000 per occurrence in addition to the plan

26  cost sharing provisions.
    HB1331 Enrolled   - 55 - LRB104 07370 BAB 17410 b

1   (c) The network plan shall demonstrate to the Director a

2 minimum ratio of providers to plan beneficiaries as required

3 by the Department.

4   (1) The ratio of physicians or other providers to plan

5   beneficiaries shall be established annually by the

6   Department in consultation with the Department of Public

7   Health based upon the guidance from the federal Centers

8   for Medicare and Medicaid Services. The Department shall

9   not establish ratios for vision or dental providers who

10  provide services under dental-specific or vision-specific

11  benefits. The Department shall consider establishing

12  ratios for the following physicians or other providers:

13  (A) Primary Care;

14  (B) Pediatrics;

15  (C) Cardiology;

16  (D) Gastroenterology;

17  (E) General Surgery;

18  (F) Neurology;

19  (G) OB/GYN;

20  (H) Oncology/Radiation;

21  (I) Ophthalmology;

22  (J) Urology;

23  (K) Behavioral Health;

24  (L) Allergy/Immunology;

25  (M) Chiropractic;

26  (N) Dermatology;
    HB1331 Enrolled  - 56 - LRB104 07370 BAB 17410 b

1   (O) Endocrinology;

2   (P) Ears, Nose, and Throat (ENT)/Otolaryngology;

3   (Q) Infectious Disease;

4   (R) Nephrology;

5   (S) Neurosurgery;

6   (T) Orthopedic Surgery;

7   (U) Physiatry/Rehabilitative;

8   (V) Plastic Surgery;

9   (W) Pulmonary;

10  (X) Rheumatology;

11  (Y) Anesthesiology;

12  (Z) Pain Medicine;

13  (AA) Pediatric Specialty Services;

14  (BB) Outpatient Dialysis; and

15  (CC) HIV; and.

16  (DD) Genetic Medicine and Genetic Counseling.

17  (1.5) Beginning January 1, 2026, every insurer shall

18  demonstrate to the Director that each in-network hospital

19  has at least one radiologist, pathologist,

20  anesthesiologist, and emergency room physician as a

21  preferred provider in a network plan. The Department may,

22  by rule, require additional types of hospital-based

23  medical specialists to be included as preferred providers

24  in each in-network hospital in a network plan.

25  (2) The Director shall establish a process for the

26  review of the adequacy of these standards, along with an
    HB1331 Enrolled  - 57 - LRB104 07370 BAB 17410 b

1   assessment of additional specialties to be included in the

2   list under this subsection (c).

3   (d) The network plan shall demonstrate to the Director

4 maximum travel and distance standards for plan beneficiaries,

5 which shall be established annually by the Department in

6 consultation with the Department of Public Health based upon

7 the guidance from the federal Centers for Medicare and

8 Medicaid Services. These standards shall consist of the

9 maximum minutes or miles to be traveled by a plan beneficiary

10 for each county type, such as large counties, metro counties,

11 or rural counties as defined by Department rule.

12  The maximum travel time and distance standards must

13 include standards for each physician and other provider

14 category listed for which ratios have been established.

15  The Director shall establish a process for the review of

16 the adequacy of these standards along with an assessment of

17 additional specialties to be included in the list under this

18 subsection (d).

19  (d-5)(1) Every insurer shall ensure that beneficiaries

20 have timely and proximate access to treatment for mental,

21 emotional, nervous, or substance use disorders or conditions

22 in accordance with the provisions of paragraph (4) of

23 subsection (a) of Section 370c of the Illinois Insurance Code.

24 Insurers shall use a comparable process, strategy, evidentiary

25 standard, and other factors in the development and application

26 of the network adequacy standards for timely and proximate
    HB1331 Enrolled         - 58 - LRB104 07370 BAB 17410 b

1 access to treatment for mental, emotional, nervous, or

2 substance use disorders or conditions and those for the access

3 to treatment for medical and surgical conditions. As such, the

4 network adequacy standards for timely and proximate access

5 shall equally be applied to treatment facilities and providers

6 for mental, emotional, nervous, or substance use disorders or

7 conditions and specialists providing medical or surgical

8 benefits pursuant to the parity requirements of Section 370c.1

9 of the Illinois Insurance Code and the federal Paul Wellstone

10 and Pete Domenici Mental Health Parity and Addiction Equity

11 Act of 2008. Notwithstanding the foregoing, the network

12 adequacy standards for timely and proximate access to

13 treatment for mental, emotional, nervous, or substance use

14 disorders or conditions shall, at a minimum, satisfy the

15 following requirements:

16  (A) For beneficiaries residing in the metropolitan

17  counties of Cook, DuPage, Kane, Lake, McHenry, and Will,

18  network adequacy standards for timely and proximate access

19  to treatment for mental, emotional, nervous, or substance

20  use disorders or conditions means a beneficiary shall not

21  have to travel longer than 30 minutes or 30 miles from the

22  beneficiary's residence to receive outpatient treatment

23  for mental, emotional, nervous, or substance use disorders

24  or conditions. Beneficiaries shall not be required to wait

25  longer than 10 business days between requesting an initial

26  appointment and being seen by the facility or provider of
    HB1331 Enrolled  - 59 - LRB104 07370 BAB 17410 b

1   mental, emotional, nervous, or substance use disorders or

2   conditions for outpatient treatment or to wait longer than

3   20 business days between requesting a repeat or follow-up

4   appointment and being seen by the facility or provider of

5   mental, emotional, nervous, or substance use disorders or

6   conditions for outpatient treatment; however, subject to

7   the protections of paragraph (3) of this subsection, a

8   network plan shall not be held responsible if the

9   beneficiary or provider voluntarily chooses to schedule an

10  appointment outside of these required time frames.

11  (B) For beneficiaries residing in Illinois counties

12  other than those counties listed in subparagraph (A) of

13  this paragraph, network adequacy standards for timely and

14  proximate access to treatment for mental, emotional,

15  nervous, or substance use disorders or conditions means a

16  beneficiary shall not have to travel longer than 60

17  minutes or 60 miles from the beneficiary's residence to

18  receive outpatient treatment for mental, emotional,

19  nervous, or substance use disorders or conditions.

20  Beneficiaries shall not be required to wait longer than 10

21  business days between requesting an initial appointment

22  and being seen by the facility or provider of mental,

23  emotional, nervous, or substance use disorders or

24  conditions for outpatient treatment or to wait longer than

25  20 business days between requesting a repeat or follow-up

26  appointment and being seen by the facility or provider of
    HB1331 Enrolled          - 60 - LRB104 07370 BAB 17410 b

1   mental, emotional, nervous, or substance use disorders or

2   conditions for outpatient treatment; however, subject to

3   the protections of paragraph (3) of this subsection, a

4   network plan shall not be held responsible if the

5   beneficiary or provider voluntarily chooses to schedule an

6   appointment outside of these required time frames.

7   (2) For beneficiaries residing in all Illinois counties,

8 network adequacy standards for timely and proximate access to

9 treatment for mental, emotional, nervous, or substance use

10 disorders or conditions means a beneficiary shall not have to

11 travel longer than 60 minutes or 60 miles from the

12 beneficiary's residence to receive inpatient or residential

13 treatment for mental, emotional, nervous, or substance use

14 disorders or conditions.

15  (3) If there is no in-network facility or provider

16 available for a beneficiary to receive timely and proximate

17 access to treatment for mental, emotional, nervous, or

18 substance use disorders or conditions in accordance with the

19 network adequacy standards outlined in this subsection, the

20 insurer shall provide necessary exceptions to its network to

21 ensure admission and treatment with a provider or at a

22 treatment facility in accordance with the network adequacy

23 standards in this subsection.

24  (e) Except for network plans solely offered as a group

25 health plan, these ratio and time and distance standards apply

26 to the lowest cost-sharing tier of any tiered network.
    HB1331 Enrolled          - 61 - LRB104 07370 BAB 17410 b

1   (f) The network plan may consider use of other health care

2 service delivery options, such as telemedicine or telehealth,

3 mobile clinics, and centers of excellence, or other ways of

4 delivering care to partially meet the requirements set under

5 this Section.

6   (g) Except for the requirements set forth in subsection

7 (d-5), insurers who are not able to comply with the provider

8 ratios and time and distance standards established by the

9 Department may request an exception to these requirements from

10 the Department. The Department may grant an exception in the

11 following circumstances:

12  (1) if no providers or facilities meet the specific

13  time and distance standard in a specific service area and

14  the insurer (i) discloses information on the distance and

15  travel time points that beneficiaries would have to travel

16  beyond the required criterion to reach the next closest

17  contracted provider outside of the service area and (ii)

18  provides contact information, including names, addresses,

19  and phone numbers for the next closest contracted provider

20  or facility;

21  (2) if patterns of care in the service area do not

22  support the need for the requested number of provider or

23  facility type and the insurer provides data on local

24  patterns of care, such as claims data, referral patterns,

25  or local provider interviews, indicating where the

26  beneficiaries currently seek this type of care or where
   HB1331 Enrolled         - 62 - LRB104 07370 BAB 17410 b

1  the physicians currently refer beneficiaries, or both; or

2  (3) other circumstances deemed appropriate by the

3  Department consistent with the requirements of this Act.

4  (h) Insurers are required to report to the Director any

5 material change to an approved network plan within 15 days

6 after the change occurs and any change that would result in

7 failure to meet the requirements of this Act. Upon notice from

8 the insurer, the Director shall reevaluate the network plan's

9 compliance with the network adequacy and transparency

10 standards of this Act.

11 (Source: P.A. 102-144, eff. 1-1-22; 102-901, eff. 7-1-22;

12 102-1117, eff. 1-13-23; 103-906, eff. 1-1-25.)
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