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Illinois General Assembly· HB 3019Governor Approved

DENTAL PRACTICE ACT EXTENSION, the official text

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HB3019 Enrolled                     LRB104 07095 AAS 17132 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 Illinois Insurance Code is amended by

5 changing Sections 356z.14, 356z.40, and 370c and by adding

6 Section 355.7 as follows:

7   (215 ILCS 5/355.7 new)

8   Sec. 355.7. Medical loss ratio report and premium rebate.

9   (a) A health insurance issuer offering group or individual

10 health insurance coverage, including a grandfathered health

11 plan, shall, with respect to each plan year, submit to the

12 Director a report concerning the ratio of the incurred loss or

13 incurred claims plus the loss adjustment expense or change in

14 contract reserves to earned premiums. The report shall include

15 the percentage of total premium revenue, after accounting for

16 collections or receipts for risk adjustment and risk corridors

17 and payments of reinsurance, that such coverage expends:

18       (1) on reimbursement for clinical services provided to

19  enrollees under such coverage;

20       (2) for activities that improve health care quality;

21  and

22       (3) on all other non-claims costs, including an

23  explanation of the nature of such costs, and excluding
    HB3019 Enrolled       -2-              LRB104 07095 AAS 17132 b

1   federal and State taxes and licensing or regulatory fees.

2   (b) A health insurance issuer shall comply with subsection

3 (a) by filing with the Director a copy of the report submitted

4 to the United States Department of Health and Human Services

5 under 42 U.S.C. 300gg-18, which must comply with federal

6 regulations promulgated thereunder. The Department shall make

7 the reports received under this Section available to the

8 public on its website.

9   (c) If 42 U.S.C. 300gg-18 or the federal regulations

10 promulgated thereunder are amended after January 15, 2025 to

11 repeal the reporting or rebate requirements, reduce the amount

12 or types of information required to be reported, or adopt a

13 calculation method that reduces the amount of rebates in this

14 State, a health insurance issuer shall file a supplemental

15 report with the Director or make supplemental rebate payments,

16 as applicable, for group or individual health insurance

17 coverage regulated by this State to ensure that the same total

18 information is filed with the Director and the same total

19 rebates are remitted to enrollees as before the federal

20 repeal, reduction, or recalculation took effect.

21  (d) Notwithstanding any other provision of this Section,

22 under no circumstances may the costs described in paragraphs

23 (1) and (2) of subsection (a) include:

24  (1) executive compensation beyond base salary;

25  (2) entity surplus or accumulated profit; or

26  (3) costs attendant with an application for lifestyle
    HB3019 Enrolled       -3-       LRB104 07095 AAS 17132 b

1   management, weight loss, or wellness when the application

2   falls outside the scope of 45 CFR 158.140 through 158.160.

3   (e) This Section does not apply with respect to any policy

4 of excepted benefits as defined under 42 U.S.C. 300gg-91.

5   (f) Notwithstanding anything in this Section to the

6 contrary, this Section does not apply to policies issued or

7 delivered in this State that provide medical assistance under

8 the Illinois Public Aid Code or the Children's Health

9 Insurance Program Act.

10  (215 ILCS 5/356z.14)

11  Sec. 356z.14. Autism spectrum disorders.

12  (a) A group or individual policy of accident and health

13 insurance or managed care plan amended, delivered, issued, or

14 renewed after December 12, 2008 (the effective date of Public

15 Act 95-1005) must provide individuals under 21 years of age

16 coverage for the diagnosis of autism spectrum disorders and

17 for the treatment of autism spectrum disorders to the extent

18 that the diagnosis and treatment of autism spectrum disorders

19 are not already covered by the policy of accident and health

20 insurance or managed care plan.

21  (b) Coverage provided under this Section shall be subject

22 to a maximum benefit of $36,000 per year, but shall not be

23 subject to any limits on the number of visits to a service

24 provider. The After December 30, 2009, the Director of the

25 Division of Insurance shall, on an annual basis, adjust the
    HB3019 Enrolled      -4-             LRB104 07095 AAS 17132 b

1 maximum benefit for inflation using the Medical Care Component

2 of the United States Department of Labor Consumer Price Index

3 for All Urban Consumers. Payments made by an insurer on behalf

4 of a covered individual for any care, treatment, intervention,

5 service, or item, the provision of which was for the treatment

6 of a health condition not diagnosed as an autism spectrum

7 disorder, shall not be applied toward any maximum benefit

8 established under this subsection.

9   (c) Coverage under this Section shall be subject to

10 copayment, deductible, and coinsurance provisions of a policy

11 of accident and health insurance or managed care plan to the

12 extent that other medical services covered by the policy of

13 accident and health insurance or managed care plan are subject

14 to these provisions.

15  (d) This Section shall not be construed as limiting

16 benefits that are otherwise available to an individual under a

17 policy of accident and health insurance or managed care plan

18 and benefits provided under this Section may not be subject to

19 dollar limits, deductibles, copayments, or coinsurance

20 provisions that are less favorable to the insured than the

21 dollar limits, deductibles, or coinsurance provisions that

22 apply to physical illness generally.

23  (e) An insurer may not deny or refuse to provide otherwise

24 covered services, or refuse to renew, refuse to reissue, or

25 otherwise terminate or restrict coverage under an individual

26 contract to provide services to an individual because the
    HB3019 Enrolled       -5-          LRB104 07095 AAS 17132 b

1 individual or the individual's their dependent is diagnosed

2 with an autism spectrum disorder or due to the individual

3 utilizing benefits in this Section.

4   (e-5) An insurer may not deny or refuse to provide

5 otherwise covered services under a group or individual policy

6 of accident and health insurance or a managed care plan solely

7 because of the location wherein the clinically appropriate

8 services are provided.

9   (f) Upon request of the reimbursing insurer, a provider of

10 treatment for autism spectrum disorders shall furnish medical

11 records, clinical notes, or other necessary data that

12 substantiate that initial or continued medical treatment is

13 medically necessary and is resulting in improved clinical

14 status. When treatment is anticipated to require continued

15 services to achieve demonstrable progress, the insurer may

16 request a treatment plan consisting of diagnosis, proposed

17 treatment by type, frequency, anticipated duration of

18 treatment, the anticipated outcomes stated as goals, and the

19 frequency by which the treatment plan will be updated. Nothing

20 in this subsection supersedes the prohibition on prior

21 authorization for mental health treatment under subsection (w)

22 of Section 370c.

23  (g) When making a determination of medical necessity for a

24 treatment modality for autism spectrum disorders, an insurer

25 must make the determination in a manner that is consistent

26 with the manner used to make that determination with respect
    HB3019 Enrolled    -6-         LRB104 07095 AAS 17132 b

1 to other diseases or illnesses covered under the policy,

2 including an appeals process. During the appeals process, any

3 challenge to medical necessity must be viewed as reasonable

4 only if the review includes a physician with expertise in the

5 most current and effective treatment modalities for autism

6 spectrum disorders.

7   (h) Coverage for medically necessary early intervention

8 services must be delivered by certified early intervention

9 specialists, as defined in 89 Ill. Adm. Code 500 and any

10 subsequent amendments thereto.

11  (h-5) If an individual has been diagnosed as having an

12 autism spectrum disorder, meeting the diagnostic criteria in

13 place at the time of diagnosis, and treatment is determined

14 medically necessary, then that individual shall remain

15 eligible for coverage under this Section even if subsequent

16 changes to the diagnostic criteria are adopted by the American

17 Psychiatric Association. If no changes to the diagnostic

18 criteria are adopted after April 1, 2012, and before December

19 31, 2014, then this subsection (h-5) shall be of no further

20 force and effect.

21  (h-10) An insurer may not deny or refuse to provide

22 covered services, or refuse to renew, refuse to reissue, or

23 otherwise terminate or restrict coverage under an individual

24 contract, for a person diagnosed with an autism spectrum

25 disorder on the basis that the individual declined an

26 alternative medication or covered service when the
    HB3019 Enrolled  -7-            LRB104 07095 AAS 17132 b

1 individual's health care provider has determined that such

2 medication or covered service may exacerbate clinical

3 symptomatology and is medically contraindicated for the

4 individual and the individual has requested and received a

5 medical exception as provided for under Section 45.1 of the

6 Managed Care Reform and Patient Rights Act. For the purposes

7 of this subsection (h-10), "clinical symptomatology" means any

8 indication of disorder or disease when experienced by an

9 individual as a change from normal function, sensation, or

10 appearance.

11  (h-15) If, at any time, the Secretary of the United States

12 Department of Health and Human Services, or its successor

13 agency, promulgates rules or regulations to be published in

14 the Federal Register or publishes a comment in the Federal

15 Register or issues an opinion, guidance, or other action that

16 would require the State, pursuant to any provision of the

17 Patient Protection and Affordable Care Act (Public Law

18 111-148), including, but not limited to, 42 U.S.C.

19 18031(d)(3)(B) or any successor provision, to defray the cost

20 of any coverage outlined in subsection (h-10), then subsection

21 (h-10) is inoperative with respect to all coverage outlined in

22 subsection (h-10) other than that authorized under Section

23 1902 of the Social Security Act, 42 U.S.C. 1396a, and the State

24 shall not assume any obligation for the cost of the coverage

25 set forth in subsection (h-10).

26  (i) As used in this Section:
    HB3019 Enrolled  -8-  LRB104 07095 AAS 17132 b

1   "Autism spectrum disorders" means pervasive developmental

2 disorders as defined in the most recent edition of the

3 Diagnostic and Statistical Manual of Mental Disorders,

4 including autism, Asperger's disorder, and pervasive

5 developmental disorder not otherwise specified.

6   "Diagnosis of autism spectrum disorders" means one or more

7 tests, evaluations, or assessments to diagnose whether an

8 individual has autism spectrum disorder that is prescribed,

9 performed, or ordered by (A) a physician licensed to practice

10 medicine in all its branches or (B) a licensed clinical

11 psychologist with expertise in diagnosing autism spectrum

12 disorders.

13  "Medically necessary" means any care, treatment,

14 intervention, service, or item which will or is reasonably

15 expected to do any of the following: (i) prevent the onset of

16 an illness, condition, injury, disease, or disability; (ii)

17 reduce or ameliorate the physical, mental, or developmental

18 effects of an illness, condition, injury, disease, or

19 disability; or (iii) assist to achieve or maintain maximum

20 functional activity in performing daily activities.

21  "Treatment for autism spectrum disorders" shall include

22 the following care prescribed, provided, or ordered for an

23 individual diagnosed with an autism spectrum disorder by (A) a

24 physician licensed to practice medicine in all its branches or

25 (B) a certified, registered, or licensed health care

26 professional with expertise in treating effects of autism
    HB3019 Enrolled  -9-               LRB104 07095 AAS 17132 b

1 spectrum disorders when the care is determined to be medically

2 necessary and ordered by a physician licensed to practice

3 medicine in all its branches:

4   (1) Psychiatric care, meaning direct, consultative, or

5   diagnostic services provided by a licensed psychiatrist.

6   (2) Psychological care, meaning direct or consultative

7   services provided by a licensed psychologist.

8   (3) Habilitative or rehabilitative care, meaning

9   professional, counseling, and guidance services and

10  treatment programs, including applied behavior analysis,

11  that are intended to develop, maintain, and restore the

12  functioning of an individual. As used in this subsection

13  (i), "applied behavior analysis" means the design,

14  implementation, and evaluation of environmental

15  modifications using behavioral stimuli and consequences to

16  produce socially significant improvement in human

17  behavior, including the use of direct observation,

18  measurement, and functional analysis of the relations

19  between environment and behavior.

20  (4) Therapeutic care, including behavioral, speech,

21  occupational, and physical therapies that provide

22  treatment in the following areas: (i) self care and

23  feeding, (ii) pragmatic, receptive, and expressive

24  language, (iii) cognitive functioning, (iv) applied

25  behavior analysis, intervention, and modification, (v)

26  motor planning, and (vi) sensory processing.
    HB3019 Enrolled       - 10 - LRB104 07095 AAS 17132 b

1   (j) Rulemaking authority to implement this amendatory Act

2 of the 95th General Assembly, if any, is conditioned on the

3 rules being adopted in accordance with all provisions of the

4 Illinois Administrative Procedure Act and all rules and

5 procedures of the Joint Committee on Administrative Rules; any

6 purported rule not so adopted, for whatever reason, is

7 unauthorized.

8 (Source: P.A. 102-322, eff. 1-1-22; 103-154, eff. 6-30-23;

9 revised 7-23-24.)

10  (215 ILCS 5/356z.40)

11  (Text of Section before amendment by P.A. 103-701 and

12 103-720)

13  Sec. 356z.40. Pregnancy and postpartum coverage.

14  (a) An individual or group policy of accident and health

15 insurance or managed care plan amended, delivered, issued, or

16 renewed on or after October 8, 2021 (the effective date of

17 Public Act 102-665) this amendatory Act of the 102nd General

18 Assembly shall provide coverage for pregnancy and newborn care

19 in accordance with 42 U.S.C. 18022(b) regarding essential

20 health benefits.

21  (b) Benefits under this Section shall be as follows:

22  (1) An individual who has been identified as

23  experiencing a high-risk pregnancy by the individual's

24  treating provider shall have access to clinically

25  appropriate case management programs. As used in this
    HB3019 Enrolled  - 11 - LRB104 07095 AAS 17132 b

1   subsection, "case management" means a mechanism to

2   coordinate and assure continuity of services, including,

3   but not limited to, health services, social services, and

4   educational services necessary for the individual. "Case

5   management" involves individualized assessment of needs,

6   planning of services, referral, monitoring, and advocacy

7   to assist an individual in gaining access to appropriate

8   services and closure when services are no longer required.

9   "Case management" is an active and collaborative process

10  involving a single qualified case manager, the individual,

11  the individual's family, the providers, and the community.

12  This includes close coordination and involvement with all

13  service providers in the management plan for that

14  individual or family, including assuring that the

15  individual receives the services. As used in this

16  subsection, "high-risk pregnancy" means a pregnancy in

17  which the pregnant or postpartum individual or baby is at

18  an increased risk for poor health or complications during

19  pregnancy or childbirth, including, but not limited to,

20  hypertension disorders, gestational diabetes, and

21  hemorrhage.

22  (2) An individual shall have access to medically

23  necessary treatment of a mental, emotional, nervous, or

24  substance use disorder or condition consistent with the

25  requirements set forth in this Section and in Sections

26  370c and 370c.1 of this Code. Prior authorization
    HB3019 Enrolled        - 12 - LRB104 07095 AAS 17132 b

1   requirements are prohibited to the extent provided in

2   Section 370c.

3   (3) The benefits provided for inpatient and outpatient

4   services for the medically necessary treatment of a

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

6   condition related to pregnancy or postpartum complications

7   shall be provided if determined to be medically necessary,

8   consistent with the requirements of Sections 370c and

9   370c.1 of this Code. The facility or provider shall notify

10  the insurer of both the admission and the initial

11  treatment plan within 48 hours after admission or

12  initiation of treatment. Subject to the requirements of

13  Sections 370c and 370c.1 of this Code, nothing in this

14  paragraph shall prevent an insurer from applying

15  concurrent and post-service utilization review of health

16  care services, including review of medical necessity, case

17  management, experimental and investigational treatments,

18  managed care provisions, and other terms and conditions of

19  the insurance policy.

20  (4) The benefits for the first 48 hours of initiation

21  of services for an inpatient admission, detoxification or

22  withdrawal management program, or partial hospitalization

23  admission for the treatment of a mental, emotional,

24  nervous, or substance use disorder or condition related to

25  pregnancy or postpartum complications shall be provided

26  without post-service or concurrent review of medical
    HB3019 Enrolled       - 13 - LRB104 07095 AAS 17132 b

1   necessity, as the medical necessity for the first 48 hours

2   of such services shall be determined solely by the covered

3   pregnant or postpartum individual's provider. Subject to

4   Sections Section 370c and 370c.1 of this Code, nothing in

5   this paragraph shall prevent an insurer from applying

6   concurrent and post-service utilization review, including

7   the review of medical necessity, case management,

8   experimental and investigational treatments, managed care

9   provisions, and other terms and conditions of the

10  insurance policy, of any inpatient admission,

11  detoxification or withdrawal management program admission,

12  or partial hospitalization admission services for the

13  treatment of a mental, emotional, nervous, or substance

14  use disorder or condition related to pregnancy or

15  postpartum complications received 48 hours after the

16  initiation of such services. If an insurer determines that

17  the services are no longer medically necessary, then the

18  covered person shall have the right to external review

19  pursuant to the requirements of the Health Carrier

20  External Review Act.

21  (5) If an insurer determines that continued inpatient

22  care, detoxification or withdrawal management, partial

23  hospitalization, intensive outpatient treatment, or

24  outpatient treatment in a facility is no longer medically

25  necessary, the insurer shall, within 24 hours, provide

26  written notice to the covered pregnant or postpartum
    HB3019 Enrolled  - 14 - LRB104 07095 AAS 17132 b

1   individual and the covered pregnant or postpartum

2   individual's provider of its decision and the right to

3   file an expedited internal appeal of the determination.

4   The insurer shall review and make a determination with

5   respect to the internal appeal within 24 hours and

6   communicate such determination to the covered pregnant or

7   postpartum individual and the covered pregnant or

8   postpartum individual's provider. If the determination is

9   to uphold the denial, the covered pregnant or postpartum

10  individual and the covered pregnant or postpartum

11  individual's provider have the right to file an expedited

12  external appeal. An independent review organization shall

13  make a determination within 72 hours. If the insurer's

14  determination is upheld and it is determined that

15  continued inpatient care, detoxification or withdrawal

16  management, partial hospitalization, intensive outpatient

17  treatment, or outpatient treatment is not medically

18  necessary, or if the insurer's determination is not

19  appealed, the insurer shall remain responsible for

20  providing benefits for the inpatient care, detoxification

21  or withdrawal management, partial hospitalization,

22  intensive outpatient treatment, or outpatient treatment

23  through the day following the date the determination is

24  made, and the covered pregnant or postpartum individual

25  shall only be responsible for any applicable copayment,

26  deductible, and coinsurance for the stay through that date
    HB3019 Enrolled       - 15 - LRB104 07095 AAS 17132 b

1   as applicable under the policy. The covered pregnant or

2   postpartum individual shall not be discharged or released

3   from the inpatient facility, detoxification or withdrawal

4   management, partial hospitalization, intensive outpatient

5   treatment, or outpatient treatment until all internal

6   appeals and independent utilization review organization

7   appeals are exhausted. A decision to reverse an adverse

8   determination shall comply with the Health Carrier

9   External Review Act.

10  (6) Except as otherwise stated in this subsection (b),

11  the benefits and cost-sharing shall be provided to the

12  same extent as for any other medical condition covered

13  under the policy.

14  (7) The benefits required by paragraphs (2) and (6) of

15  this subsection (b) are to be provided to all covered

16  pregnant or postpartum individuals with a diagnosis of a

17  mental, emotional, nervous, or substance use disorder or

18  condition. The presence of additional related or unrelated

19  diagnoses shall not be a basis to reduce or deny the

20  benefits required by this subsection (b).

21 (Source: P.A. 102-665, eff. 10-8-21; 103-650, eff. 1-1-25;

22 revised 9-10-24.)

23  (Text of Section after amendment by P.A. 103-701 and

24 103-720)

25  Sec. 356z.40. Pregnancy and postpartum coverage.
    HB3019 Enrolled  - 16 - LRB104 07095 AAS 17132 b

1   (a) An individual or group policy of accident and health

2 insurance or managed care plan amended, delivered, issued, or

3 renewed on or after October 8, 2021 (the effective date of

4 Public Act 102-665) shall provide coverage for pregnancy and

5 newborn care in accordance with 42 U.S.C. 18022(b) regarding

6 essential health benefits. For policies amended, delivered,

7 issued, or renewed on or after January 1, 2026, this

8 subsection also applies to coverage for postpartum care.

9   (b) Benefits under this Section shall be as follows:

10  (1) An individual who has been identified as

11  experiencing a high-risk pregnancy by the individual's

12  treating provider shall have access to clinically

13  appropriate case management programs. As used in this

14  subsection, "case management" means a mechanism to

15  coordinate and assure continuity of services, including,

16  but not limited to, health services, social services, and

17  educational services necessary for the individual. "Case

18  management" involves individualized assessment of needs,

19  planning of services, referral, monitoring, and advocacy

20  to assist an individual in gaining access to appropriate

21  services and closure when services are no longer required.

22  "Case management" is an active and collaborative process

23  involving a single qualified case manager, the individual,

24  the individual's family, the providers, and the community.

25  This includes close coordination and involvement with all

26  service providers in the management plan for that
    HB3019 Enrolled  - 17 - LRB104 07095 AAS 17132 b

1   individual or family, including assuring that the

2   individual receives the services. As used in this

3   subsection, "high-risk pregnancy" means a pregnancy in

4   which the pregnant or postpartum individual or baby is at

5   an increased risk for poor health or complications during

6   pregnancy or childbirth, including, but not limited to,

7   hypertension disorders, gestational diabetes, and

8   hemorrhage.

9   (2) An individual shall have access to medically

10  necessary treatment of a mental, emotional, nervous, or

11  substance use disorder or condition consistent with the

12  requirements set forth in this Section and in Sections

13  370c and 370c.1 of this Code. Prior authorization

14  requirements are prohibited to the extent provided in

15  Section 370c.

16  (3) The benefits provided for inpatient and outpatient

17  services for the medically necessary treatment of a

18  mental, emotional, nervous, or substance use disorder or

19  condition related to pregnancy or postpartum complications

20  shall be provided if determined to be medically necessary,

21  consistent with the requirements of Sections 370c and

22  370c.1 of this Code. The facility or provider shall notify

23  the insurer of both the admission and the initial

24  treatment plan within 48 hours after admission or

25  initiation of treatment. Subject to the requirements of

26  Sections 370c and 370c.1 of this Code, nothing in this
    HB3019 Enrolled        - 18 - LRB104 07095 AAS 17132 b

1   paragraph shall prevent an insurer from applying

2   concurrent and post-service utilization review of health

3   care services, including review of medical necessity, case

4   management, experimental and investigational treatments,

5   managed care provisions, and other terms and conditions of

6   the insurance policy.

7   (4) The benefits for the first 48 hours of initiation

8   of services for an inpatient admission, detoxification or

9   withdrawal management program, or partial hospitalization

10  admission for the treatment of a mental, emotional,

11  nervous, or substance use disorder or condition related to

12  pregnancy or postpartum complications shall be provided

13  without post-service or concurrent review of medical

14  necessity, as the medical necessity for the first 48 hours

15  of such services shall be determined solely by the covered

16  pregnant or postpartum individual's provider. Subject to

17  Sections Section 370c and 370c.1 of this Code, nothing in

18  this paragraph shall prevent an insurer from applying

19  concurrent and post-service utilization review, including

20  the review of medical necessity, case management,

21  experimental and investigational treatments, managed care

22  provisions, and other terms and conditions of the

23  insurance policy, of any inpatient admission,

24  detoxification or withdrawal management program admission,

25  or partial hospitalization admission services for the

26  treatment of a mental, emotional, nervous, or substance
    HB3019 Enrolled       - 19 - LRB104 07095 AAS 17132 b

1   use disorder or condition related to pregnancy or

2   postpartum complications received 48 hours after the

3   initiation of such services. If an insurer determines that

4   the services are no longer medically necessary, then the

5   covered person shall have the right to external review

6   pursuant to the requirements of the Health Carrier

7   External Review Act.

8   (5) If an insurer determines that continued inpatient

9   care, detoxification or withdrawal management, partial

10  hospitalization, intensive outpatient treatment, or

11  outpatient treatment in a facility is no longer medically

12  necessary, the insurer shall, within 24 hours, provide

13  written notice to the covered pregnant or postpartum

14  individual and the covered pregnant or postpartum

15  individual's provider of its decision and the right to

16  file an expedited internal appeal of the determination.

17  The insurer shall review and make a determination with

18  respect to the internal appeal within 24 hours and

19  communicate such determination to the covered pregnant or

20  postpartum individual and the covered pregnant or

21  postpartum individual's provider. If the determination is

22  to uphold the denial, the covered pregnant or postpartum

23  individual and the covered pregnant or postpartum

24  individual's provider have the right to file an expedited

25  external appeal. An independent review organization shall

26  make a determination within 72 hours. If the insurer's
    HB3019 Enrolled       - 20 - LRB104 07095 AAS 17132 b

1   determination is upheld and it is determined that

2   continued inpatient care, detoxification or withdrawal

3   management, partial hospitalization, intensive outpatient

4   treatment, or outpatient treatment is not medically

5   necessary, or if the insurer's determination is not

6   appealed, the insurer shall remain responsible for

7   providing benefits for the inpatient care, detoxification

8   or withdrawal management, partial hospitalization,

9   intensive outpatient treatment, or outpatient treatment

10  through the day following the date the determination is

11  made, and the covered pregnant or postpartum individual

12  shall only be responsible for any applicable copayment,

13  deductible, and coinsurance for the stay through that date

14  as applicable under the policy. The covered pregnant or

15  postpartum individual shall not be discharged or released

16  from the inpatient facility, detoxification or withdrawal

17  management, partial hospitalization, intensive outpatient

18  treatment, or outpatient treatment until all internal

19  appeals and independent utilization review organization

20  appeals are exhausted. A decision to reverse an adverse

21  determination shall comply with the Health Carrier

22  External Review Act.

23  (6) Except as otherwise stated in this subsection (b)

24  and subsection (c), the benefits and cost-sharing shall be

25  provided to the same extent as for any other medical

26  condition covered under the policy.
    HB3019 Enrolled   - 21 - LRB104 07095 AAS 17132 b

1   (7) The benefits required by paragraphs (2) and (6) of

2   this subsection (b) are to be provided to (i) all covered

3   pregnant or postpartum individuals with a diagnosis of a

4   mental, emotional, nervous, or substance use disorder or

5   condition and (ii) all individuals who have experienced a

6   miscarriage or stillbirth. The presence of additional

7   related or unrelated diagnoses shall not be a basis to

8   reduce or deny the benefits required by this subsection

9   (b).

10  (8) Insurers shall cover all services for pregnancy,

11  postpartum, and newborn care that are rendered by

12  perinatal doulas or licensed certified professional

13  midwives, including home births, home visits, and support

14  during labor, abortion, or miscarriage. Coverage shall

15  include the necessary equipment and medical supplies for a

16  home birth. For home visits by a perinatal doula, not

17  counting any home birth, the policy may limit coverage to

18  16 visits before and 16 visits after a birth, miscarriage,

19  or abortion, provided that the policy shall not be

20  required to cover more than $8,000 for doula visits for

21  each pregnancy and subsequent postpartum period. As used

22  in this paragraph (8), "perinatal doula" has the meaning

23  given in subsection (a) of Section 5-18.5 of the Illinois

24  Public Aid Code.

25  (9) Coverage for pregnancy, postpartum, and newborn

26  care shall include home visits by lactation consultants
    HB3019 Enrolled  - 22 - LRB104 07095 AAS 17132 b

1   and the purchase of breast pumps and breast pump supplies,

2   including such breast pumps, breast pump supplies,

3   breastfeeding supplies, and feeding aids as recommended by

4   the lactation consultant. As used in this paragraph (9),

5   "lactation consultant" means an International

6   Board-Certified Lactation Consultant, a certified

7   lactation specialist with a certification from Lactation

8   Education Consultants, or a certified lactation counselor

9   as defined in subsection (a) of Section 5-18.10 of the

10  Illinois Public Aid Code.

11  (10) Coverage for postpartum services shall apply for

12  all covered services rendered within the first 12 months

13  after the end of pregnancy, subject to any policy

14  limitation on home visits by a perinatal doula allowed

15  under paragraph (8) of this subsection (b). Nothing in

16  this paragraph (10) shall be construed to require a policy

17  to cover services for an individual who is no longer

18  insured or enrolled under the policy. If an individual

19  becomes insured or enrolled under a new policy, the new

20  policy shall cover the individual consistent with the time

21  period and limitations allowed under this paragraph (10).

22  This paragraph (10) is subject to the requirements of

23  Section 25 of the Managed Care Reform and Patient Rights

24  Act, Section 20 of the Network Adequacy and Transparency

25  Act, and 42 U.S.C. 300gg-113.

26  (c) All coverage described in subsection (b), other than
    HB3019 Enrolled  - 23 - LRB104 07095 AAS 17132 b

 1 health care services for home births, shall be provided
 2 without cost-sharing, except that, for mental health services,
 3 the cost-sharing prohibition does not apply to inpatient or
 4 residential services, and, for substance use disorder
 5 services, the cost-sharing prohibition applies only to levels
 6 of treatment below and not including Level 3.1 (Clinically
 7 Managed Low-Intensity Residential), as established by the
 8 American Society for Addiction Medicine. This subsection does
 9 not apply to the extent such coverage would disqualify a
10 high-deductible health plan from eligibility for a health
11 savings account pursuant to Section 223 of the Internal
12 Revenue Code.
13 (Source: P.A. 102-665, eff. 10-8-21; 103-650, eff. 1-1-25;
14 103-701, eff. 1-1-26; 103-720, eff. 1-1-26; revised 11-26-24.)

15  (215 ILCS 5/370c) (from Ch. 73, par. 982c)

16  Sec. 370c. Mental and emotional disorders.

17  (a)(1) On and after January 1, 2022 (the effective date of

18 Public Act 102-579), every insurer that amends, delivers,

19 issues, or renews group accident and health policies providing

20 coverage for hospital or medical treatment or services for

21 illness on an expense-incurred basis shall provide coverage

22 for the medically necessary treatment of mental, emotional,

23 nervous, or substance use disorders or conditions consistent

24 with the parity requirements of Section 370c.1 of this Code.

25  (2) Each insured that is covered for mental, emotional,
    HB3019 Enrolled  - 24 - LRB104 07095 AAS 17132 b

1 nervous, or substance use disorders or conditions shall be

2 free to select the physician licensed to practice medicine in

3 all its branches, licensed clinical psychologist, licensed

4 clinical social worker, licensed clinical professional

5 counselor, licensed marriage and family therapist, licensed

6 speech-language pathologist, or other licensed or certified

7 professional at a program licensed pursuant to the Substance

8 Use Disorder Act of his or her choice to treat such disorders,

9 and the insurer shall pay the covered charges of such

10 physician licensed to practice medicine in all its branches,

11 licensed clinical psychologist, licensed clinical social

12 worker, licensed clinical professional counselor, licensed

13 marriage and family therapist, licensed speech-language

14 pathologist, or other licensed or certified professional at a

15 program licensed pursuant to the Substance Use Disorder Act up

16 to the limits of coverage, provided (i) the disorder or

17 condition treated is covered by the policy, and (ii) the

18 physician, licensed psychologist, licensed clinical social

19 worker, licensed clinical professional counselor, licensed

20 marriage and family therapist, licensed speech-language

21 pathologist, or other licensed or certified professional at a

22 program licensed pursuant to the Substance Use Disorder Act is

23 authorized to provide said services under the statutes of this

24 State and in accordance with accepted principles of his or her

25 profession.

26  (3) Insofar as this Section applies solely to licensed
    HB3019 Enrolled        - 25 - LRB104 07095 AAS 17132 b

1 clinical social workers, licensed clinical professional

2 counselors, licensed marriage and family therapists, licensed

3 speech-language pathologists, and other licensed or certified

4 professionals at programs licensed pursuant to the Substance

5 Use Disorder Act, those persons who may provide services to

6 individuals shall do so after the licensed clinical social

7 worker, licensed clinical professional counselor, licensed

8 marriage and family therapist, licensed speech-language

9 pathologist, or other licensed or certified professional at a

10 program licensed pursuant to the Substance Use Disorder Act

11 has informed the patient of the desirability of the patient

12 conferring with the patient's primary care physician.

13  (4) "Mental, emotional, nervous, or substance use disorder

14 or condition" means a condition or disorder that involves a

15 mental health condition or substance use disorder that falls

16 under any of the diagnostic categories listed in the mental

17 and behavioral disorders chapter of the current edition of the

18 World Health Organization's International Classification of

19 Disease or that is listed in the most recent version of the

20 American Psychiatric Association's Diagnostic and Statistical

21 Manual of Mental Disorders. "Mental, emotional, nervous, or

22 substance use disorder or condition" includes any mental

23 health condition that occurs during pregnancy or during the

24 postpartum period and includes, but is not limited to,

25 postpartum depression.

26  (5) Medically necessary treatment and medical necessity
   HB3019 Enrolled  - 26 - LRB104 07095 AAS 17132 b

1 determinations shall be interpreted and made in a manner that

2 is consistent with and pursuant to subsections (h) through (y)

3 (t).

4  (b)(1) (Blank).

5  (2) (Blank).

6  (2.5) (Blank).

7  (3) Unless otherwise prohibited by federal law and

8 consistent with the parity requirements of Section 370c.1 of

9 this Code, the reimbursing insurer that amends, delivers,

10 issues, or renews a group or individual policy of accident and

11 health insurance, a qualified health plan offered through the

12 health insurance marketplace, or a provider of treatment of

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

14 conditions shall furnish medical records or other necessary

15 data that substantiate that initial or continued treatment is

16 at all times medically necessary. Nothing in this paragraph

17 (3) supersedes the prohibition on prior authorization

18 requirements to the extent provided under subsections (g) and

19 (w) and subparagraph (A) of paragraph (6.5) of this

20 subsection. An insurer shall provide a mechanism for the

21 timely review by a provider holding the same license and

22 practicing in the same specialty as the patient's provider,

23 who is unaffiliated with the insurer, jointly selected by the

24 patient (or the patient's next of kin or legal representative

25 if the patient is unable to act for himself or herself), the

26 patient's provider, and the insurer in the event of a dispute
    HB3019 Enrolled          - 27 - LRB104 07095 AAS 17132 b

1 between the insurer and patient's provider regarding the

2 medical necessity of a treatment proposed by a patient's

3 provider. If the reviewing provider determines the treatment

4 to be medically necessary, the insurer shall provide

5 reimbursement for the treatment. Future contractual or

6 employment actions by the insurer regarding the patient's

7 provider may not be based on the provider's participation in

8 this procedure. Nothing prevents the insured from agreeing in

9 writing to continue treatment at his or her expense. When

10 making a determination of the medical necessity for a

11 treatment modality for mental, emotional, nervous, or

12 substance use disorders or conditions, an insurer must make

13 the determination in a manner that is consistent with the

14 manner used to make that determination with respect to other

15 diseases or illnesses covered under the policy, including an

16 appeals process. Medical necessity determinations for

17 substance use disorders shall be made in accordance with

18 appropriate patient placement criteria established by the

19 American Society of Addiction Medicine. No additional criteria

20 may be used to make medical necessity determinations for

21 substance use disorders.

22  (4) A group health benefit plan amended, delivered,

23 issued, or renewed on or after January 1, 2019 (the effective

24 date of Public Act 100-1024) or an individual policy of

25 accident and health insurance or a qualified health plan

26 offered through the health insurance marketplace amended,
    HB3019 Enrolled  - 28 - LRB104 07095 AAS 17132 b

1 delivered, issued, or renewed on or after January 1, 2019 (the

2 effective date of Public Act 100-1024):

3   (A) shall provide coverage based upon medical

4   necessity for the treatment of a mental, emotional,

5   nervous, or substance use disorder or condition consistent

6   with the parity requirements of Section 370c.1 of this

7   Code; provided, however, that in each calendar year

8   coverage shall not be less than the following:

9   (i) 45 days of inpatient treatment; and

10  (ii) beginning on June 26, 2006 (the effective

11  date of Public Act 94-921), 60 visits for outpatient

12  treatment including group and individual outpatient

13  treatment; and

14  (iii) for plans or policies delivered, issued for

15  delivery, renewed, or modified after January 1, 2007

16  (the effective date of Public Act 94-906), 20

17  additional outpatient visits for speech therapy for

18  treatment of pervasive developmental disorders that

19  will be in addition to speech therapy provided

20  pursuant to item (ii) of this subparagraph (A); and

21  (B) may not include a lifetime limit on the number of

22  days of inpatient treatment or the number of outpatient

23  visits covered under the plan.

24  (C) (Blank).

25  (5) An issuer of a group health benefit plan or an

26 individual policy of accident and health insurance or a
    HB3019 Enrolled  - 29 - LRB104 07095 AAS 17132 b

1 qualified health plan offered through the health insurance

2 marketplace may not count toward the number of outpatient

3 visits required to be covered under this Section an outpatient

4 visit for the purpose of medication management and shall cover

5 the outpatient visits under the same terms and conditions as

6 it covers outpatient visits for the treatment of physical

7 illness.

8   (5.5) An individual or group health benefit plan amended,

9 delivered, issued, or renewed on or after September 9, 2015

10 (the effective date of Public Act 99-480) shall offer coverage

11 for medically necessary acute treatment services and medically

12 necessary clinical stabilization services. The treating

13 provider shall base all treatment recommendations and the

14 health benefit plan shall base all medical necessity

15 determinations for substance use disorders in accordance with

16 the most current edition of the Treatment Criteria for

17 Addictive, Substance-Related, and Co-Occurring Conditions

18 established by the American Society of Addiction Medicine. The

19 treating provider shall base all treatment recommendations and

20 the health benefit plan shall base all medical necessity

21 determinations for medication-assisted treatment in accordance

22 with the most current Treatment Criteria for Addictive,

23 Substance-Related, and Co-Occurring Conditions established by

24 the American Society of Addiction Medicine.

25  As used in this subsection:

26  "Acute treatment services" means 24-hour medically
    HB3019 Enrolled     - 30 - LRB104 07095 AAS 17132 b

1 supervised addiction treatment that provides evaluation and

2 withdrawal management and may include biopsychosocial

3 assessment, individual and group counseling, psychoeducational

4 groups, and discharge planning.

5   "Clinical stabilization services" means 24-hour treatment,

6 usually following acute treatment services for substance

7 abuse, which may include intensive education and counseling

8 regarding the nature of addiction and its consequences,

9 relapse prevention, outreach to families and significant

10 others, and aftercare planning for individuals beginning to

11 engage in recovery from addiction.

12  "Prior authorization" has the meaning given to that term

13 in Section 15 of the Prior Authorization Reform Act.

14  (6) An issuer of a group health benefit plan may provide or

15 offer coverage required under this Section through a managed

16 care plan.

17  (6.5) An individual or group health benefit plan amended,

18 delivered, issued, or renewed on or after January 1, 2019 (the

19 effective date of Public Act 100-1024):

20  (A) shall not impose prior authorization requirements,

21  including limitations on dosage, other than those

22  established under the Treatment Criteria for Addictive,

23  Substance-Related,  and            Co-Occurring      Conditions

24  established by the American Society of Addiction Medicine,

25  on a prescription medication approved by the United States

26  Food and Drug Administration that is prescribed or
    HB3019 Enrolled           - 31 - LRB104 07095 AAS 17132 b

1   administered for the treatment of substance use disorders;

2   (B) shall not impose any step therapy requirements;

3   (C) shall place all prescription medications approved

4   by the United States Food and Drug Administration

5   prescribed or administered for the treatment of substance

6   use disorders on, for brand medications, the lowest tier

7   of the drug formulary developed and maintained by the

8   individual or group health benefit plan that covers brand

9   medications and, for generic medications, the lowest tier

10  of the drug formulary developed and maintained by the

11  individual or group health benefit plan that covers

12  generic medications; and

13  (D) shall not exclude coverage for a prescription

14  medication approved by the United States Food and Drug

15  Administration for the treatment of substance use

16  disorders and any associated counseling or wraparound

17  services on the grounds that such medications and services

18  were court ordered.

19  (7) (Blank).

20  (8) (Blank).

21  (9) With respect to all mental, emotional, nervous, or

22 substance use disorders or conditions, coverage for inpatient

23 treatment shall include coverage for treatment in a

24 residential treatment center certified or licensed by the

25 Department of Public Health or the Department of Human

26 Services.
    HB3019 Enrolled  - 32 - LRB104 07095 AAS 17132 b

1   (c) This Section shall not be interpreted to require

2 coverage for speech therapy or other habilitative services for

3 those individuals covered under Section 356z.15 of this Code.

4   (d) With respect to a group or individual policy of

5 accident and health insurance or a qualified health plan

6 offered through the health insurance marketplace, the

7 Department and, with respect to medical assistance, the

8 Department of Healthcare and Family Services shall each

9 enforce the requirements of this Section and Sections 356z.23

10 and 370c.1 of this Code, the Paul Wellstone and Pete Domenici

11 Mental Health Parity and Addiction Equity Act of 2008, 42

12 U.S.C. 18031(j), and any amendments to, and federal guidance

13 or regulations issued under, those Acts, including, but not

14 limited to, final regulations issued under the Paul Wellstone

15 and Pete Domenici Mental Health Parity and Addiction Equity

16 Act of 2008 and final regulations applying the Paul Wellstone

17 and Pete Domenici Mental Health Parity and Addiction Equity

18 Act of 2008 to Medicaid managed care organizations, the

19 Children's Health Insurance Program, and alternative benefit

20 plans. Specifically, the Department and the Department of

21 Healthcare and Family Services shall take action:

22  (1) proactively ensuring compliance by individual and

23  group policies, including by requiring that insurers

24  submit comparative analyses, as set forth in paragraph (6)

25  of subsection (k) of Section 370c.1, demonstrating how

26  they design and apply nonquantitative treatment
    HB3019 Enrolled     - 33 - LRB104 07095 AAS 17132 b

1   limitations, both as written and in operation, for mental,

2   emotional, nervous, or substance use disorder or condition

3   benefits as compared to how they design and apply

4   nonquantitative treatment limitations, as written and in

5   operation, for medical and surgical benefits;

6   (2) evaluating all consumer or provider complaints

7   regarding mental, emotional, nervous, or substance use

8   disorder or condition coverage for possible parity

9   violations;

10  (3) performing parity compliance market conduct

11  examinations or, in the case of the Department of

12  Healthcare and Family Services, parity compliance audits

13  of individual and group plans and policies, including, but

14  not limited to, reviews of:

15  (A) nonquantitative treatment limitations,

16  including, but not limited to, prior authorization

17  requirements, concurrent review, retrospective review,

18  step therapy, network admission standards,

19  reimbursement rates, and geographic restrictions;

20  (B) denials of authorization, payment, and

21  coverage; and

22  (C) other specific criteria as may be determined

23  by the Department.

24  The findings and the conclusions of the parity compliance

25 market conduct examinations and audits shall be made public.

26  The Director may adopt rules to effectuate any provisions
    HB3019 Enrolled  - 34 - LRB104 07095 AAS 17132 b

1 of the Paul Wellstone and Pete Domenici Mental Health Parity

2 and Addiction Equity Act of 2008 that relate to the business of

3 insurance.

4   (e) Availability of plan information.

5   (1) The criteria for medical necessity determinations

6   made under a group health plan, an individual policy of

7   accident and health insurance, or a qualified health plan

8   offered through the health insurance marketplace with

9   respect to mental health or substance use disorder

10  benefits (or health insurance coverage offered in

11  connection with the plan with respect to such benefits)

12  must be made available by the plan administrator (or the

13  health insurance issuer offering such coverage) to any

14  current or potential participant, beneficiary, or

15  contracting provider upon request.

16  (2) The reason for any denial under a group health

17  benefit plan, an individual policy of accident and health

18  insurance, or a qualified health plan offered through the

19  health insurance marketplace (or health insurance coverage

20  offered in connection with such plan or policy) of

21  reimbursement or payment for services with respect to

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

23  conditions benefits in the case of any participant or

24  beneficiary must be made available within a reasonable

25  time and in a reasonable manner and in readily

26  understandable language by the plan administrator (or the
    HB3019 Enrolled  - 35 - LRB104 07095 AAS 17132 b

1   health insurance issuer offering such coverage) to the

2   participant or beneficiary upon request.

3   (f) As used in this Section, "group policy of accident and

4 health insurance" and "group health benefit plan" includes (1)

5 State-regulated employer-sponsored group health insurance

6 plans written in Illinois or which purport to provide coverage

7 for a resident of this State; and (2) State, county,

8 municipal, or school district employee health plans.

9 References to an insurer include all plans described in this

10 subsection.

11  (g) (1) As used in this subsection:

12  "Benefits", with respect to insurers that are not Medicaid

13 managed care organizations, means the benefits provided for

14 treatment services for inpatient and outpatient treatment of

15 substance use disorders or conditions at American Society of

16 Addiction Medicine levels of treatment 2.1 (Intensive

17 Outpatient), 2.5 (High-Intensity Outpatient) (Partial

18 Hospitalization), 3.1 (Clinically Managed Low-Intensity

19 Residential), 3.3 (Clinically Managed Population-Specific

20 High-Intensity Residential), 3.5 (Clinically Managed

21 High-Intensity Residential), and 3.7 (Medically Managed

22 Residential Monitored Intensive Inpatient) and OMT (Opioid

23 Maintenance Therapy) services.

24  "Benefits", with respect to Medicaid managed care

25 organizations, means the benefits provided for treatment

26 services for inpatient and outpatient treatment of substance
    HB3019 Enrolled  - 36 - LRB104 07095 AAS 17132 b

1 use disorders or conditions at American Society of Addiction

2 Medicine levels of treatment 2.1 (Intensive Outpatient), 2.5

3 (High-Intensity Outpatient) (Partial Hospitalization), 3.5

4 (Clinically Managed High-Intensity Residential), and 3.7

5 (Medically Managed Residential Monitored Intensive Inpatient)

6 and OMT (Opioid Maintenance Therapy) services.

7   "Substance use disorder treatment provider or facility"

8 means a licensed physician, licensed psychologist, licensed

9 psychiatrist, licensed advanced practice registered nurse, or

10 licensed, certified, or otherwise State-approved facility or

11 provider of substance use disorder treatment.

12  (2) A group health insurance policy, an individual health

13 benefit plan, or qualified health plan that is offered through

14 the health insurance marketplace, small employer group health

15 plan, and large employer group health plan that is amended,

16 delivered, issued, executed, or renewed in this State, or

17 approved for issuance or renewal in this State, on or after

18 January 1, 2019 (the effective date of Public Act 100-1023)

19 shall comply with the requirements of this Section and Section

20 370c.1. The services for the treatment and the ongoing

21 assessment of the patient's progress in treatment shall follow

22 the requirements of 77 Ill. Adm. Code 2060.

23  (3) Prior authorization shall not be utilized for the

24 benefits under this subsection. Except to the extent

25 prohibited by Section 370c.1 with respect to treatment

26 limitations in a benefit classification or subclassification,
HB3019 Enrolled  - 37 - LRB104 07095 AAS 17132 b

 1 the insurer may require the The substance use disorder
 2 treatment provider or facility to shall notify the insurer of
 3 the initiation of treatment. For an insurer that is not a
 4 Medicaid managed care organization, the substance use disorder
 5 treatment provider or facility may be required to give
 6 notification shall occur for the initiation of treatment of
 7 the covered person within 2 business days. For Medicaid
 8 managed care organizations, the substance use disorder
 9 treatment provider or facility may be required to give
10 notification shall occur in accordance with the protocol set
11 forth in the provider agreement for initiation of treatment
12 within 24 hours. If the Medicaid managed care organization is
13 not capable of accepting the notification in accordance with
14 the contractual protocol during the 24-hour period following
15 admission, the substance use disorder treatment provider or
16 facility shall have one additional business day to provide the
17 notification to the appropriate managed care organization.
18 Treatment plans shall be developed in accordance with the
19 requirements and timeframes established in 77 Ill. Adm. Code
20 2060. No such coverage shall be subject to concurrent review
21 prior to the applicable notification deadline. If coverage is
22 denied retrospectively, neither the provider or facility nor
23 the insurer shall bill, and the covered individual shall not
24 be liable, for any treatment under this subsection through the
25 date the adverse determination is issued, other than any
26 copayment, coinsurance, or deductible for the treatment or
    HB3019 Enrolled     - 38 - LRB104 07095 AAS 17132 b

1 stay through that date as applicable under the policy.

2 Coverage shall not be retrospectively denied for benefits that

3 were furnished at a participating substance use disorder

4 facility prior to the applicable notification deadline except

5 for the following: If the substance use disorder treatment

6 provider or facility fails to notify the insurer of the

7 initiation of treatment in accordance with these provisions,

8 the insurer may follow its normal prior authorization

9 processes.

10  (A) upon reasonable determination that the benefits

11  were not provided;

12  (B) upon determination that the patient receiving the

13  treatment was not an insured, enrollee, or beneficiary

14  under the policy;

15  (C) upon material misrepresentation by the patient or

16  provider. As used in this subparagraph (C), "material"

17  means a fact or situation that is not merely technical in

18  nature and results or could result in a substantial change

19  in the situation;

20  (D) upon determination that a service was excluded

21  under the terms of coverage. For situations that qualify

22  under this subparagraph (D), the limitation to billing for

23  a copayment, coinsurance, or deductible shall not apply;

24  (E) upon determination that a service was not

25  medically necessary consistent with subsections (h)

26  through (n); or
    HB3019 Enrolled           - 39 - LRB104 07095 AAS 17132 b

1   (F) upon determination that the patient did not

2   consent to the treatment and that there was no court order

3   mandating the treatment.

4   (4) For an insurer that is not a Medicaid managed care

5 organization, if an insurer determines that benefits are no

6 longer medically necessary, the insurer shall notify the

7 covered person, the covered person's authorized

8 representative, if any, and the covered person's health care

9 provider in writing of the covered person's right to request

10 an external review pursuant to the Health Carrier External

11 Review Act. The notification shall occur within 24 hours

12 following the adverse determination.

13  Pursuant to the requirements of the Health Carrier

14 External Review Act, the covered person or the covered

15 person's authorized representative may request an expedited

16 external review. An expedited external review may not occur if

17 the substance use disorder treatment provider or facility

18 determines that continued treatment is no longer medically

19 necessary.

20  If an expedited external review request meets the criteria

21 of the Health Carrier External Review Act, an independent

22 review organization shall make a final determination of

23 medical necessity within 72 hours. If an independent review

24 organization upholds an adverse determination, an insurer

25 shall remain responsible to provide coverage of benefits

26 through the day following the determination of the independent
    HB3019 Enrolled     - 40 - LRB104 07095 AAS 17132 b

1 review organization. A decision to reverse an adverse

2 determination shall comply with the Health Carrier External

3 Review Act.

4   (5) The substance use disorder treatment provider or

5 facility shall provide the insurer with 7 business days'

6 advance notice of the planned discharge of the patient from

7 the substance use disorder treatment provider or facility and

8 notice on the day that the patient is discharged from the

9 substance use disorder treatment provider or facility.

10  (6) The benefits required by this subsection shall be

11 provided to all covered persons with a diagnosis of substance

12 use disorder or conditions. The presence of additional related

13 or unrelated diagnoses shall not be a basis to reduce or deny

14 the benefits required by this subsection.

15  (7) Nothing in this subsection shall be construed to

16 require an insurer to provide coverage for any of the benefits

17 in this subsection.

18  (8) Any concurrent or retrospective review permitted by

19 this subsection must be consistent with the utilization review

20 provisions in subsections (h) through (n).

21  (h) As used in this Section:

22  "Generally accepted standards of mental, emotional,

23 nervous, or substance use disorder or condition care" means

24 standards of care and clinical practice that are generally

25 recognized by health care providers practicing in relevant

26 clinical specialties such as psychiatry, psychology, clinical
    HB3019 Enrolled  - 41 - LRB104 07095 AAS 17132 b

1 sociology, social work, addiction medicine and counseling, and

2 behavioral health treatment. Valid, evidence-based sources

3 reflecting generally accepted standards of mental, emotional,

4 nervous, or substance use disorder or condition care include

5 peer-reviewed scientific studies and medical literature,

6 recommendations of nonprofit health care provider professional

7 associations and specialty societies, including, but not

8 limited to, patient placement criteria and clinical practice

9 guidelines, recommendations of federal government agencies,

10 and drug labeling approved by the United States Food and Drug

11 Administration.

12  "Medically necessary treatment of mental, emotional,

13 nervous, or substance use disorders or conditions" means a

14 service or product addressing the specific needs of that

15 patient, for the purpose of screening, preventing, diagnosing,

16 managing, or treating an illness, injury, or condition or its

17 symptoms and comorbidities, including minimizing the

18 progression of an illness, injury, or condition or its

19 symptoms and comorbidities in a manner that is all of the

20 following:

21  (1) in accordance with the generally accepted

22  standards of mental, emotional, nervous, or substance use

23  disorder or condition care;

24  (2) clinically appropriate in terms of type,

25  frequency, extent, site, and duration; and

26  (3) not primarily for the economic benefit of the
    HB3019 Enrolled  - 42 - LRB104 07095 AAS 17132 b

1   insurer, purchaser, or for the convenience of the patient,

2   treating physician, or other health care provider.

3   "Utilization review" means either of the following:

4   (1) prospectively, retrospectively, or concurrently

5   reviewing and approving, modifying, delaying, or denying,

6   based in whole or in part on medical necessity, requests

7   by health care providers, insureds, or their authorized

8   representatives for coverage of health care services

9   before, retrospectively, or concurrently with the

10  provision of health care services to insureds.

11  (2) evaluating the medical necessity, appropriateness,

12  level of care, service intensity, efficacy, or efficiency

13  of health care services, benefits, procedures, or

14  settings, under any circumstances, to determine whether a

15  health care service or benefit subject to a medical

16  necessity coverage requirement in an insurance policy is

17  covered as medically necessary for an insured.

18  "Utilization review criteria" means patient placement

19 criteria or any criteria, standards, protocols, or guidelines

20 used by an insurer to conduct utilization review.

21  (i)(1) Every insurer that amends, delivers, issues, or

22 renews a group or individual policy of accident and health

23 insurance or a qualified health plan offered through the

24 health insurance marketplace in this State and Medicaid

25 managed care organizations providing coverage for hospital or

26 medical treatment on or after January 1, 2023 shall, pursuant
    HB3019 Enrolled  - 43 - LRB104 07095 AAS 17132 b

1 to subsections (h) through (s), provide coverage for medically

2 necessary treatment of mental, emotional, nervous, or

3 substance use disorders or conditions.

4   (2) An insurer shall not set a specific limit on the

5 duration of benefits or coverage of medically necessary

6 treatment of mental, emotional, nervous, or substance use

7 disorders or conditions or limit coverage only to alleviation

8 of the insured's current symptoms.

9   (3) All utilization review conducted by the insurer

10 concerning diagnosis, prevention, and treatment of insureds

11 diagnosed with mental, emotional, nervous, or substance use

12 disorders or conditions shall be conducted in accordance with

13 the requirements of subsections (k) through (w).

14  (4) An insurer that authorizes a specific type of

15 treatment by a provider pursuant to this Section shall not

16 rescind or modify the authorization after that provider

17 renders the health care service in good faith and pursuant to

18 this authorization for any reason, including, but not limited

19 to, the insurer's subsequent cancellation or modification of

20 the insured's or policyholder's contract, or the insured's or

21 policyholder's eligibility. Nothing in this Section shall

22 require the insurer to cover a treatment when the

23 authorization was granted based on a material

24 misrepresentation by the insured, the policyholder, or the

25 provider. Nothing in this Section shall require Medicaid

26 managed care organizations to pay for services if the
    HB3019 Enrolled  - 44 - LRB104 07095 AAS 17132 b

1 individual was not eligible for Medicaid at the time the

2 service was rendered. Nothing in this Section shall require an

3 insurer to pay for services if the individual was not the

4 insurer's enrollee at the time services were rendered. As used

5 in this paragraph, "material" means a fact or situation that

6 is not merely technical in nature and results in or could

7 result in a substantial change in the situation.

8   (j) An insurer shall not limit benefits or coverage for

9 medically necessary services on the basis that those services

10 should be or could be covered by a public entitlement program,

11 including, but not limited to, special education or an

12 individualized education program, Medicaid, Medicare,

13 Supplemental Security Income, or Social Security Disability

14 Insurance, and shall not include or enforce a contract term

15 that excludes otherwise covered benefits on the basis that

16 those services should be or could be covered by a public

17 entitlement program. Nothing in this subsection shall be

18 construed to require an insurer to cover benefits that have

19 been authorized and provided for a covered person by a public

20 entitlement program. Medicaid managed care organizations are

21 not subject to this subsection.

22  (k) An insurer shall base any medical necessity

23 determination or the utilization review criteria that the

24 insurer, and any entity acting on the insurer's behalf,

25 applies to determine the medical necessity of health care

26 services and benefits for the diagnosis, prevention, and
    HB3019 Enrolled     - 45 - LRB104 07095 AAS 17132 b

1 treatment of mental, emotional, nervous, or substance use

2 disorders or conditions on current generally accepted

3 standards of mental, emotional, nervous, or substance use

4 disorder or condition care. All denials and appeals shall be

5 reviewed by a professional with experience or expertise

6 comparable to the provider requesting the authorization.

7   (l) In conducting utilization review of all covered health

8 care services for the diagnosis, prevention, and treatment of

9 mental, emotional, and nervous disorders or conditions, an

10 insurer shall apply the criteria and guidelines set forth in

11 the most recent version of the treatment criteria developed by

12 an unaffiliated nonprofit professional association for the

13 relevant clinical specialty or, for Medicaid managed care

14 organizations, criteria and guidelines determined by the

15 Department of Healthcare and Family Services that are

16 consistent with generally accepted standards of mental,

17 emotional, nervous or substance use disorder or condition

18 care. Pursuant to subsection (b), in conducting utilization

19 review of all covered services and benefits for the diagnosis,

20 prevention, and treatment of substance use disorders an

21 insurer shall use the most recent edition of the patient

22 placement criteria established by the American Society of

23 Addiction Medicine.

24  (m) In conducting utilization review relating to level of

25 care placement, continued stay, transfer, discharge, or any

26 other patient care decisions that are within the scope of the
    HB3019 Enrolled  - 46 - LRB104 07095 AAS 17132 b

1 sources specified in subsection (l), an insurer shall not

2 apply different, additional, conflicting, or more restrictive

3 utilization review criteria than the criteria set forth in

4 those sources. For all level of care placement decisions, the

5 insurer shall authorize placement at the level of care

6 consistent with the assessment of the insured using the

7 relevant patient placement criteria as specified in subsection

8 (l). If that level of placement is not available, the insurer

9 shall authorize the next higher level of care. In the event of

10 disagreement, the insurer shall provide full detail of its

11 assessment using the relevant criteria as specified in

12 subsection (l) to the provider of the service and the patient.

13  If an insurer purchases or licenses utilization review

14 criteria pursuant to this subsection, the insurer shall verify

15 and document before use that the criteria were developed in

16 accordance with subsection (k).

17  (n) In conducting utilization review that is outside the

18 scope of the criteria as specified in subsection (l) or

19 relates to the advancements in technology or in the types or

20 levels of care that are not addressed in the most recent

21 versions of the sources specified in subsection (l), an

22 insurer shall conduct utilization review in accordance with

23 subsection (k).

24  (o) This Section does not in any way limit the rights of a

25 patient under the Medical Patient Rights Act.

26  (p) This Section does not in any way limit early and
    HB3019 Enrolled  - 47 - LRB104 07095 AAS 17132 b

1 periodic screening, diagnostic, and treatment benefits as

2 defined under 42 U.S.C. 1396d(r).

3   (q) To ensure the proper use of the criteria described in

4 subsection (l), every insurer shall do all of the following:

5   (1) Educate the insurer's staff, including any third

6   parties contracted with the insurer to review claims,

7   conduct utilization reviews, or make medical necessity

8   determinations about the utilization review criteria.

9   (2) Make the educational program available to other

10  stakeholders, including the insurer's participating or

11  contracted providers and potential participants,

12  beneficiaries, or covered lives. The education program

13  must be provided at least once a year, in-person or

14  digitally, or recordings of the education program must be

15  made available to the aforementioned stakeholders.

16  (3) Provide, at no cost, the utilization review

17  criteria and any training material or resources to

18  providers and insured patients upon request. For

19  utilization review criteria not concerning level of care

20  placement, continued stay, transfer, discharge, or other

21  patient care decisions used by the insurer pursuant to

22  subsection (m), the insurer may place the criteria on a

23  secure, password-protected website so long as the access

24  requirements of the website do not unreasonably restrict

25  access to insureds or their providers. No restrictions

26  shall be placed upon the insured's or treating provider's
    HB3019 Enrolled  - 48 - LRB104 07095 AAS 17132 b

1   access right to utilization review criteria obtained under

2   this paragraph at any point in time, including before an

3   initial request for authorization.

4   (4) Track, identify, and analyze how the utilization

5   review criteria are used to certify care, deny care, and

6   support the appeals process.

7   (5) Conduct interrater reliability testing to ensure

8   consistency in utilization review decision making that

9   covers how medical necessity decisions are made; this

10  assessment shall cover all aspects of utilization review

11  as defined in subsection (h).

12  (6) Run interrater reliability reports about how the

13  clinical guidelines are used in conjunction with the

14  utilization review process and parity compliance

15  activities.

16  (7) Achieve interrater reliability pass rates of at

17  least 90% and, if this threshold is not met, immediately

18  provide for the remediation of poor interrater reliability

19  and interrater reliability testing for all new staff

20  before they can conduct utilization review without

21  supervision.

22  (8) Maintain documentation of interrater reliability

23  testing and the remediation actions taken for those with

24  pass rates lower than 90% and submit to the Department of

25  Insurance or, in the case of Medicaid managed care

26  organizations, the Department of Healthcare and Family
    HB3019 Enrolled    - 49 - LRB104 07095 AAS 17132 b

1   Services the testing results and a summary of remedial

2   actions as part of parity compliance reporting set forth

3   in subsection (k) of Section 370c.1.

4   (r) This Section applies to all health care services and

5 benefits for the diagnosis, prevention, and treatment of

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

7 conditions covered by an insurance policy, including

8 prescription drugs.

9   (s) This Section applies to an insurer that amends,

10 delivers, issues, or renews a group or individual policy of

11 accident and health insurance or a qualified health plan

12 offered through the health insurance marketplace in this State

13 providing coverage for hospital or medical treatment and

14 conducts utilization review as defined in this Section,

15 including Medicaid managed care organizations, and any entity

16 or contracting provider that performs utilization review or

17 utilization management functions on an insurer's behalf.

18  (t) If the Director determines that an insurer has

19 violated this Section, the Director may, after appropriate

20 notice and opportunity for hearing, by order, assess a civil

21 penalty between $1,000 and $5,000 for each violation. Moneys

22 collected from penalties shall be deposited into the Parity

23 Advancement Fund established in subsection (i) of Section

24 370c.1.

25  (u) An insurer shall not adopt, impose, or enforce terms

26 in its policies or provider agreements, in writing or in
    HB3019 Enrolled          - 50 - LRB104 07095 AAS 17132 b

1 operation, that undermine, alter, or conflict with the

2 requirements of this Section.

3   (v) The provisions of this Section are severable. If any

4 provision of this Section or its application is held invalid,

5 that invalidity shall not affect other provisions or

6 applications that can be given effect without the invalid

7 provision or application.

8   (w) Beginning January 1, 2026, coverage for medically

9 necessary treatment of mental, emotional, or nervous disorders

10 or conditions for inpatient mental health treatment at

11 participating hospitals shall comply with the following

12 requirements:

13  (1) No Subject to paragraphs (2) and (3) of this

14  subsection, no policy shall require prior authorization

15  for outpatient or partial hospitalization services for

16  treatment of mental, emotional, or nervous disorders or

17  conditions provided by a physician licensed to practice

18  medicine in all branches, a licensed clinical

19  psychologist, a licensed clinical social worker, a

20  licensed clinical professional counselor, a licensed

21  marriage and family therapist, a licensed speech-language

22  pathologist, or any other type of licensed, certified, or

23  legally authorized provider, including trainees working

24  under the supervision of a licensed health care

25  professional listed under this subsection, or facility

26  whose outpatient or partial hospitalization services the
    HB3019 Enrolled          - 51 - LRB104 07095 AAS 17132 b

1   policy covers for treatment of mental, emotional, or

2   nervous disorders or conditions. Such coverage may be

3   subject to concurrent and retrospective review consistent

4   with the utilization review provisions in subsections (h)

5   through (n) and Section 370c.1. Nothing in this paragraph

6   (1) supersedes a health maintenance organization's

7   referral requirement for services from nonparticipating

8   providers. An insurer may require providers or facilities

9   to notify the insurer of the initiation of treatment as

10  specified in this subsection, except to the extent

11  prohibited by Section 370c.1 with respect to treatment

12  limitations in a benefit classification or

13  subclassification. No such coverage shall be subject to

14  concurrent review for any services furnished before an

15  applicable notification deadline, subject to the

16  following: admission for such treatment at any

17  participating hospital.

18  (A) In the case of outpatient treatment, for an

19  insurer that is not a Medicaid managed care

20  organization, the insurer may set a notification

21  deadline of 2 business days after the initiation of

22  the covered person's treatment. A Medicaid managed

23  care organization may set a deadline of 24 hours after

24  the initiation of treatment. If the Medicaid managed

25  care organization is not capable of accepting the

26  notification in accordance with the contractual
    HB3019 Enrolled  - 52 - LRB104 07095 AAS 17132 b

1   protocol within the 24-hour period following

2   initiation, the treatment provider or facility shall

3   have one additional business day to provide the

4   notification to the Medicaid managed care

5   organization.

6   (B) In the case of a partial hospitalization

7   program, for an insurer that is not a Medicaid managed

8   care organization, the insurer may set a notification

9   deadline of 48 hours after the initiation of the

10  covered person's treatment. A Medicaid managed care

11  organization may set a deadline of 24 hours after the

12  initiation of treatment. If the Medicaid managed care

13  organization is not capable of accepting the

14  notification in accordance with the contractual

15  protocol during the 24-hour period following

16  initiation, the treatment provider or facility shall

17  have one additional business day to provide the

18  notification to the Medicaid managed care

19  organization.

20  (2) No policy shall require prior authorization for

21  inpatient treatment at a hospital for mental, emotional,

22  or nervous disorders or conditions at a participating

23  provider. Additionally, no such coverage shall Coverage

24  provided under this subsection also shall not be subject

25  to concurrent review for the first 72 hours after

26  admission, provided that the provider hospital must notify
    HB3019 Enrolled  - 53 - LRB104 07095 AAS 17132 b

1   the insurer of both the admission and the initial

2   treatment plan within 48 hours of admission. A discharge

3   plan must be fully developed and continuity services

4   prepared to meet the patient's needs and the patient's

5   community preference upon release. Nothing in this

6   paragraph supersedes a health maintenance organization's

7   referral requirement for services from nonparticipating

8   providers upon a patient's discharge from a hospital

9   Recommended level of care placements identified in the

10  discharge plan shall comply with generally accepted

11  standards of care, as defined in subsection (h).

12  (A) If the provider satisfies the conditions of

13  paragraph (2), then the insurer shall approve coverage

14  of the recommended level of care, if applicable, upon

15  discharge subject to concurrent review.

16  (B) Nothing in this paragraph supersedes a health

17  maintenance organization's referral requirement for

18  services from nonparticipating providers upon a

19  patient's discharge from a hospital or facility.

20  (C) Concurrent review for such coverage must be

21  consistent with the utilization review provisions in

22  subsections (h) through (n).

23  (D) In this subsection, residential treatment that

24  is not otherwise identified in the discharge plan is

25  not inpatient hospitalization.

26  (3) Treatment provided under this subsection may be
    HB3019 Enrolled  - 54 - LRB104 07095 AAS 17132 b

1   reviewed retrospectively. If coverage is denied

2   retrospectively, neither the insurer nor the participating

3   provider hospital shall bill, and the insured shall not be

4   liable, for any treatment under this subsection through

5   the date the adverse determination is issued, other than

6   any copayment, coinsurance, or deductible for the stay

7   through that date as applicable under the policy. Coverage

8   shall not be retrospectively denied for the first 72 hours

9   of admission to inpatient hospitalization for treatment of

10  mental, emotional, or nervous disorders or conditions, or

11  before the applicable deadline under paragraph (1) of this

12  subsection for outpatient treatment or partial

13  hospitalization programs, treatment at a participating

14  provider hospital except:

15  (A) upon reasonable determination that the

16  inpatient mental health treatment was not provided;

17  (B) upon determination that the patient receiving

18  the treatment was not an insured, enrollee, or

19  beneficiary under the policy;

20  (C) upon material misrepresentation by the patient

21  or health care provider. In this item (C), "material"

22  means a fact or situation that is not merely technical

23  in nature and results or could result in a substantial

24  change in the situation; or

25  (D) upon determination that a service was excluded

26  under the terms of coverage. In that case, the
    HB3019 Enrolled  - 55 - LRB104 07095 AAS 17132 b

1   limitation to billing for a copayment, coinsurance, or

2   deductible shall not apply;.

3   (E) for outpatient treatment or partial

4   hospitalization programs only, upon determination that

5   a service was not medically necessary consistent with

6   subsections (h) through (n); or

7   (F) upon determination that the patient did not

8   consent to the treatment and that there was no court

9   order mandating the treatment.

10  (4) Nothing in this subsection shall be construed to

11  require a policy to cover any health care service excluded

12  under the terms of coverage.

13  This subsection does not apply to coverage for any

14  prescription or over-the-counter drug.

15  Nothing in this subsection shall be construed to

16  require the medical assistance program to reimburse for

17  services not covered by the medical assistance program as

18  authorized by the Illinois Public Aid Code or the

19  Children's Health Insurance Program Act.

20  (x) Notwithstanding any provision of this Section, nothing

21 shall require the medical assistance program under Article V

22 of the Illinois Public Aid Code or the Children's Health

23 Insurance Program Act to violate any applicable federal laws,

24 regulations, or grant requirements, including requirements for

25 utilization management, or any State or federal consent

26 decrees. Nothing in subsection (g) or subsection (w) shall
HB3019 Enrolled  - 56 - LRB104 07095 AAS 17132 b

 1 prevent the Department of Healthcare and Family Services from
 2 requiring a health care provider to use specified level of
 3 care, admission, continued stay, or discharge criteria,
 4 including, but not limited to, those under Section 5-5.23 of
 5 the Illinois Public Aid Code, as long as the Department of
 6 Healthcare and Family Services, subject to applicable federal
 7 laws, regulations, or grant requirements, including
 8 requirements for utilization management, does not require a
 9 health care provider to seek prior authorization or concurrent
10 review from the Department of Healthcare and Family Services,
11 a Medicaid managed care organization, or a utilization review
12 organization under the circumstances expressly prohibited by
13 subsections (g) and subsection (w). Nothing in this Section
14 prohibits a health plan, including a Medicaid managed care
15 organization, from conducting reviews for medical necessity,
16 clinical appropriateness, safety, fraud, waste, or abuse and
17 reporting suspected fraud, waste, or abuse according to State
18 and federal requirements. Nothing in this Section limits the
19 authority of the Department of Healthcare and Family Services
20 or another State agency, or a Medicaid managed care
21 organization on the State agency's behalf, to (i) implement or
22 require programs, services, screenings, assessments, tools, or
23 reviews to comply with applicable federal law, federal
24 regulation, federal grant requirements, any State or federal
25 consent decrees or court orders, or any applicable case law,
26 such as Olmstead v. L.C., 527 U.S. 581 (1999), or (ii)
    HB3019 Enrolled    - 57 - LRB104 07095 AAS 17132 b

1 administer or require programs, services, screenings,

2 assessments, tools, or reviews established under State or

3 federal laws, rules, or regulations in compliance with State

4 or federal laws, rules, or regulations, including, but not

5 limited to, the Children's Mental Health Act and the Mental

6 Health and Developmental Disabilities Administrative Act.

7   (y) (Blank). Children's Mental Health. Nothing in this

8 Section shall suspend the screening and assessment

9 requirements for mental health services for children

10 participating in the State's medical assistance program as

11 required in Section 5-5.23 of the Illinois Public Aid Code.

12 (Source: P.A. 102-558, eff. 8-20-21; 102-579, eff. 1-1-22;

13 102-813, eff. 5-13-22; 103-426, eff. 8-4-23; 103-650, eff.

14 1-1-25; 103-1040, eff. 8-9-24; revised 11-26-24.)

15  Section 10. The Network Adequacy and Transparency Act is

16 amended by changing Section 10 as follows:

17  (215 ILCS 124/10)

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

19  Sec. 10. Network adequacy.

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

21 plan, an issuer 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
    HB3019 Enrolled  - 58 - LRB104 07095 AAS 17132 b

1   number       of  beneficiaries,     changes   in       the

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

3   care capabilities, and increased demand for services.

4   (2) The written policies and procedures for making

5   referrals within and outside the network.

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

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

8   to network-affiliated primary care, emergency services,

9   and women's principal health care providers.

10  An issuer shall not prohibit a preferred provider from

11 discussing any specific or all treatment options with

12 beneficiaries irrespective of the insurer's position on those

13 treatment options or from advocating on behalf of

14 beneficiaries within the utilization review, grievance, or

15 appeals processes established by the issuer in accordance with

16 any rights or remedies available under applicable State or

17 federal law.

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

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

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

21 shall include all of the following:

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

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

24  marked locations for preferred providers.

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

26  addresses, phone numbers, and specialties of the providers
    HB3019 Enrolled       - 59 - LRB104 07095 AAS 17132 b

1   who have entered into preferred provider agreements under

2   the network plan.

3   (3) The number of beneficiaries anticipated to be

4   covered by the network plan.

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

6   for beneficiaries and prospective beneficiaries to access

7   current and accurate lists of preferred providers in each

8   plan, additional information about the plan, as well as

9   any other information required by Department rule.

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

11  rendered under the network plan are reasonably accessible

12  and available to beneficiaries. The description shall

13  address all of the following:

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

15  provided by the network plan;

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

17  beneficiaries, by specialty and including primary care

18  physicians and facility-based physicians when

19  applicable under the contract, necessary to meet the

20  health care needs and service demands of the currently

21  enrolled population;

22  (C) the travel and distance standards for plan

23  beneficiaries in county service areas; and

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

25  telehealth, or mobile care services may be used to

26  partially meet the network adequacy standards, if
    HB3019 Enrolled  - 60 - LRB104 07095 AAS 17132 b

1   applicable.

2   (6) A provision ensuring that whenever a beneficiary

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

4   the provider directory, calling the network plan, and

5   calling the provider, to utilize preferred providers for a

6   covered service and it is determined the insurer does not

7   have the appropriate preferred providers due to

8   insufficient number, type, unreasonable travel distance or

9   delay, or preferred providers refusing to provide a

10  covered service because it is contrary to the conscience

11  of the preferred providers, as protected by the Health

12  Care Right of Conscience Act, the issuer shall give the

13  beneficiary a network exception and shall ensure, directly

14  or indirectly, by terms contained in the payer contract,

15  that the beneficiary will be provided the covered service

16  at no greater cost to the beneficiary than if the service

17  had been provided by a preferred provider. This paragraph

18  (6) does not apply to: (A) a beneficiary who willfully

19  chooses to access a non-preferred provider for health care

20  services available through the panel of preferred

21  providers, or (B) a beneficiary enrolled in a health

22  maintenance organization, except that the health

23  maintenance organization must notify the beneficiary when

24  a referral has been granted as a network exception based

25  on any preferred provider access deficiency described in

26  this paragraph or under the circumstances applicable in
    HB3019 Enrolled  - 61 - LRB104 07095 AAS 17132 b

1   paragraph (3) of subsection (d-5). In these circumstances,

2   the contractual requirements for non-preferred provider

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

4   Illinois Insurance Code requires otherwise. In no event

5   shall a beneficiary who receives care at a participating

6   health care facility be required to search for

7   participating providers under the circumstances described

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

9   Illinois Insurance Code except under the circumstances

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

11  (7) A provision that the beneficiary shall receive

12  emergency care coverage such that payment for this

13  coverage is not dependent upon whether the emergency

14  services are performed by a preferred or non-preferred

15  provider and the coverage shall be at the same benefit

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

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

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

19  provided the covered service at no greater cost to the

20  beneficiary than if the service had been provided by a

21  preferred provider. This provision shall be consistent

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

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

24  beneficiary will incur a penalty for failing to

25  pre-certify inpatient hospital treatment, the penalty may

26  not exceed $1,000 per occurrence in addition to the plan
    HB3019 Enrolled           - 62 - LRB104 07095 AAS 17132 b

1   cost sharing provisions.

2   (9) For a network plan to be offered through the

3   Exchange in the individual or small group market, as well

4   as any off-Exchange mirror of such a network plan,

5   evidence that the network plan includes essential

6   community providers in accordance with rules established

7   by the Exchange that will operate in this State for the

8   applicable plan year.

9   (c) The issuer shall demonstrate to the Director a minimum

10 ratio of providers to plan beneficiaries as required by the

11 Department for each network plan.

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

13  to plan beneficiaries shall be established 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, except to the extent provided under federal law

20  for stand-alone dental plans. The Department shall

21  consider establishing ratios for the following physicians

22  or other providers:

23  (A) Primary Care;

24  (B) Pediatrics;

25  (C) Cardiology;

26  (D) Gastroenterology;
    HB3019 Enrolled   - 63 - LRB104 07095 AAS 17132 b

1   (E) General Surgery;

2   (F) Neurology;

3   (G) OB/GYN;

4   (H) Oncology/Radiation;

5   (I) Ophthalmology;

6   (J) Urology;

7   (K) Behavioral Health;

8   (L) Allergy/Immunology;

9   (M) Chiropractic;

10  (N) Dermatology;

11  (O) Endocrinology;

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

13  (Q) Infectious Disease;

14  (R) Nephrology;

15  (S) Neurosurgery;

16  (T) Orthopedic Surgery;

17  (U) Physiatry/Rehabilitative;

18  (V) Plastic Surgery;

19  (W) Pulmonary;

20  (X) Rheumatology;

21  (Y) Anesthesiology;

22  (Z) Pain Medicine;

23  (AA) Pediatric Specialty Services;

24  (BB) Outpatient Dialysis; and

25  (CC) HIV.

26  (2) The Director shall establish a process for the
    HB3019 Enrolled  - 64 - LRB104 07095 AAS 17132 b

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

2   assessment of additional specialties to be included in the

3   list under this subsection (c).

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

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

6   ratio established for qualified health plans in

7   Federally-Facilitated Exchanges by federal law or by the

8   federal Centers for Medicare and Medicaid Services, even

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

10  is otherwise not issued through an exchange. Federal

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

12  such network plans. In the absence of an applicable

13  Department rule, the federal standards shall apply for the

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

15  guidance. If the Centers for Medicare and Medicaid

16  Services establish standards that are more stringent than

17  the standards in effect under any Department rule, the

18  Department may amend its rules to conform to the more

19  stringent federal standards.

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

21 maximum travel and distance standards and appointment wait

22 time standards for plan beneficiaries, which shall be

23 established by the Department in consultation with the

24 Department of Public Health based upon the guidance from the

25 federal Centers for Medicare and Medicaid Services. These

26 standards shall consist of the maximum minutes or miles to be
    HB3019 Enrolled    - 65 - LRB104 07095 AAS 17132 b

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

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

3 by Department rule.

4   The maximum travel time and distance standards must

5 include standards for each physician and other provider

6 category listed for which ratios have been established.

7   The Director shall establish a process for the review of

8 the adequacy of these standards along with an assessment of

9 additional specialties to be included in the list under this

10 subsection (d).

11  Notwithstanding any other law or Department rule, the

12 maximum travel time and distance standards and appointment

13 wait time standards shall be no greater than any such

14 standards established for qualified health plans in

15 Federally-Facilitated Exchanges by federal law or by the

16 federal Centers for Medicare and Medicaid Services, even if

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

18 otherwise not issued through an exchange. Federal standards

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

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

21 federal standards shall apply for the time period specified in

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

23 Medicare and Medicaid Services establish standards that are

24 more stringent than the standards in effect under any

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

26 to the more stringent federal standards.
   HB3019 Enrolled  - 66 - LRB104 07095 AAS 17132 b

1  If the federal area designations for the maximum time or

2 distance or appointment wait time standards required are

3 changed by the most recent Letter to Issuers in the

4 Federally-facilitated Marketplaces, the Department shall post

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

6 to conform to those designations if the Director deems

7 appropriate.

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

9 timely and proximate access to treatment for mental,

10 emotional, nervous, or substance use disorders or conditions

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

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

13 Issuers shall use a comparable process, strategy, evidentiary

14 standard, and other factors in the development and application

15 of the network adequacy standards for timely and proximate

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

17 substance use disorders or conditions and those for the access

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

19 network adequacy standards for timely and proximate access

20 shall equally be applied to treatment facilities and providers

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

22 conditions and specialists providing medical or surgical

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

24 of the Illinois Insurance Code and the federal Paul Wellstone

25 and Pete Domenici Mental Health Parity and Addiction Equity

26 Act of 2008. Notwithstanding the foregoing, the network
    HB3019 Enrolled        - 67 - LRB104 07095 AAS 17132 b

1 adequacy standards for timely and proximate access to

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

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

4 following requirements:

5   (A) For beneficiaries residing in the metropolitan

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

7   network adequacy standards for timely and proximate access

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

9   use disorders or conditions means a beneficiary shall not

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

11  beneficiary's residence to receive outpatient treatment

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

13  or conditions. Beneficiaries shall not be required to wait

14  longer than 10 business days between requesting an initial

15  appointment and being seen by the facility or provider of

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

17  conditions for outpatient treatment or to wait longer than

18  20 business days between requesting a repeat or follow-up

19  appointment and being seen by the facility or provider of

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

21  conditions for outpatient treatment; however, subject to

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

23  network plan shall not be held responsible if the

24  beneficiary or provider voluntarily chooses to schedule an

25  appointment outside of these required time frames.

26  (B) For beneficiaries residing in Illinois counties
    HB3019 Enrolled  - 68 - LRB104 07095 AAS 17132 b

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

2   this paragraph, network adequacy standards for timely and

3   proximate access to treatment for mental, emotional,

4   nervous, or substance use disorders or conditions means a

5   beneficiary shall not have to travel longer than 60

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

7   receive outpatient treatment for mental, emotional,

8   nervous, or substance use disorders or conditions.

9   Beneficiaries shall not be required to wait longer than 10

10  business days between requesting an initial appointment

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

12  emotional, nervous, or substance use disorders or

13  conditions for outpatient treatment or to wait longer than

14  20 business days between requesting a repeat or follow-up

15  appointment and being seen by the facility or provider of

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

17  conditions for outpatient treatment; however, subject to

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

19  network plan shall not be held responsible if the

20  beneficiary or provider voluntarily chooses to schedule an

21  appointment outside of these required time frames.

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

23 network adequacy standards for timely and proximate access to

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

25 disorders or conditions means a beneficiary shall not have to

26 travel longer than 60 minutes or 60 miles from the
    HB3019 Enrolled         - 69 - LRB104 07095 AAS 17132 b

1 beneficiary's residence to receive inpatient or residential

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

3 disorders or conditions.

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

5 available for a beneficiary to receive timely and proximate

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

7 substance use disorders or conditions in accordance with the

8 network adequacy standards outlined in this subsection, the

9 issuer shall provide necessary exceptions to its network to

10 ensure admission and treatment with a provider or at a

11 treatment facility in accordance with the network adequacy

12 standards in this subsection at the in-network benefit level.

13  (A) For plan or policy years beginning on or after

14  January 1, 2026, the issuer also shall provide reasonable

15  reimbursement to a beneficiary who has received an

16  exception as outlined in this paragraph (3) for costs

17  including food, lodging, and travel.

18  (i) Reimbursement for food and lodging shall be at

19  the prevailing federal per diem rates then in effect,

20  as set by the United States General Services

21  Administration. Reimbursement for travel by vehicle

22  shall be reimbursed at the current Internal Revenue

23  Service mileage standard for miles driven for

24  transportation or travel expenses.

25  (ii) At the time an issuer grants an exception

26  under this paragraph (3), the issuer shall give
    HB3019 Enrolled  - 70 - LRB104 07095 AAS 17132 b

1   written notification to the beneficiary of potential

2   eligibility for reimbursement under this subparagraph

3   (A) and instructions on how to file a claim for such

4   reimbursement, including a link to the claim form on

5   the issuer's public website and a phone number for a

6   beneficiary to request that the issuer send a hard

7   copy of the claim form by postal mail. The Department

8   shall create the template for the reimbursement

9   notification form, which issuers shall fill in and

10  post on their public website.

11  (iii) An issuer may require a beneficiary to

12  submit a claim for food, travel, or lodging

13  reimbursement within 60 days of the last date of the

14  health care service for which travel was undertaken,

15  and the beneficiary may appeal any denial of

16  reimbursement claims.

17  (iv) An issuer may deny reimbursement for food,

18  lodging, and travel if the provider's site of care is

19  neither within this State nor within 100 miles of the

20  beneficiary's residence unless, after a good faith

21  effort, no provider can be found who is available

22  within those parameters to provide the medically

23  necessary health care service within 10 business days

24  after a request for appointment.

25  (B) Notwithstanding any other provision of this

26  Section to the contrary, subparagraph (A) of this
    HB3019 Enrolled  - 71 - LRB104 07095 AAS 17132 b

1   paragraph (3) does not apply to policies issued or

2   delivered in this State that provide medical assistance

3   under the Illinois Public Aid Code or the Children's

4   Health Insurance Program Act.

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

6 Services establishes or law requires more stringent standards

7 for qualified health plans in the Federally-Facilitated

8 Exchanges, the federal standards shall control for all network

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

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

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

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

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

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

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

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

17 service delivery options, such as telemedicine or telehealth,

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

19 delivering care to partially meet the requirements set under

20 this Section.

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

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

23 ratios and time and distance or appointment wait time

24 standards established under this Act or federal law may

25 request an exception to these requirements from the

26 Department. The Department may grant an exception in the
    HB3019 Enrolled         - 72 - LRB104 07095 AAS 17132 b

1 following circumstances:

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

3   time and distance standard in a specific service area and

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

5   travel time points that beneficiaries would have to travel

6   beyond the required criterion to reach the next closest

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

8   provides contact information, including names, addresses,

9   and phone numbers for the next closest contracted provider

10  or facility;

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

12  support the need for the requested number of provider or

13  facility type and the issuer provides data on local

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

15  or local provider interviews, indicating where the

16  beneficiaries currently seek this type of care or where

17  the physicians currently refer beneficiaries, or both; or

18  (3) other circumstances deemed appropriate by the

19  Department consistent with the requirements of this Act.

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

21 material change to an approved network plan within 15 business

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

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

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

25 adequacy filing affected by the material change, as determined

26 by the Director by rule, and the issuer shall attach versions
    HB3019 Enrolled  - 73 - LRB104 07095 AAS 17132 b

1 with the changes indicated for each document that was revised

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

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

4 compliance with the network adequacy and transparency

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

6 the issuer fails to submit a revised network adequacy filing

7 to the Director, the Director may order a fine of $5,000 per

8 day.

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

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

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

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

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

14 received from that provider type within that county at the

15 in-network benefit level and shall retroactively adjudicate

16 and reimburse beneficiaries to achieve that objective if their

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

18 this subsection. Nothing in this subsection shall be construed

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

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

21 inadequate in any county and no exception has been granted

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

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

24 prohibit the network plan from being issued or renewed within

25 that county until the Director determines that the network is

26 adequate apart from processes and exceptions described in
    HB3019 Enrolled  - 74 - LRB104 07095 AAS 17132 b

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

2 construed to terminate any beneficiary's health insurance

3 coverage under a network plan before the expiration of the

4 beneficiary's policy period if the Director makes a

5 determination under this subsection after the issuance or

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

7 a material change. Policies or certificates issued or renewed

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

9 civil penalty of $5,000 per policy.

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

11 federal standard before the Department adopts the standard by

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

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

14 health insurance issuers through a bulletin.

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

16 102-1117, eff. 1-13-23; 103-650, eff. 1-1-25.)

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

18  Sec. 10. Network adequacy.

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

20 description of all of the following with the Director:

21  (1) The written policies and procedures for adding

22  providers to meet patient needs based on increases in the

23  number  of       beneficiaries,      changes   in      the

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

25  care capabilities, and increased demand for services.
    HB3019 Enrolled    - 75 - LRB104 07095 AAS 17132 b

1   (2) The written policies and procedures for making

2   referrals within and outside the network.

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

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

5   to network-affiliated primary care, emergency services,

6   and women's principal health care providers.

7   An insurer shall not prohibit a preferred provider from

8 discussing any specific or all treatment options with

9 beneficiaries irrespective of the insurer's position on those

10 treatment options or from advocating on behalf of

11 beneficiaries within the utilization review, grievance, or

12 appeals processes established by the insurer in accordance

13 with any rights or remedies available under applicable State

14 or federal law.

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

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

17 shall include all of the following:

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

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

20  marked locations for preferred providers.

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

22  addresses, phone numbers, and specialties of the providers

23  who have entered into preferred provider agreements under

24  the network plan.

25  (3) The number of beneficiaries anticipated to be

26  covered by the network plan.
    HB3019 Enrolled       - 76 - LRB104 07095 AAS 17132 b

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

2   for beneficiaries and prospective beneficiaries to access

3   current and accurate lists of preferred providers,

4   additional information about the plan, as well as any

5   other information required by Department rule.

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

7   rendered under the network plan are reasonably accessible

8   and available to beneficiaries. The description shall

9   address all of the following:

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

11  provided by the network plan;

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

13  beneficiaries, by specialty and including primary care

14  physicians and facility-based physicians when

15  applicable under the contract, necessary to meet the

16  health care needs and service demands of the currently

17  enrolled population;

18  (C) the travel and distance standards for plan

19  beneficiaries in county service areas; and

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

21  telehealth, or mobile care services may be used to

22  partially meet the network adequacy standards, if

23  applicable.

24  (6) A provision ensuring that whenever a beneficiary

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

26  the provider directory, calling the network plan, and
    HB3019 Enrolled  - 77 - LRB104 07095 AAS 17132 b

1   calling the provider, to utilize preferred providers for a

2   covered service and it is determined the insurer does not

3   have the appropriate preferred providers due to

4   insufficient number, type, unreasonable travel distance or

5   delay, or preferred providers refusing to provide a

6   covered service because it is contrary to the conscience

7   of the preferred providers, as protected by the Health

8   Care Right of Conscience Act, the insurer shall give the

9   beneficiary a network exception and shall ensure, directly

10  or indirectly, by terms contained in the payer contract,

11  that the beneficiary will be provided the covered service

12  at no greater cost to the beneficiary than if the service

13  had been provided by a preferred provider. This paragraph

14  (6) does not apply to: (A) a beneficiary who willfully

15  chooses to access a non-preferred provider for health care

16  services available through the panel of preferred

17  providers, or (B) a beneficiary enrolled in a health

18  maintenance organization, except that the health

19  maintenance organization must notify the beneficiary when

20  a referral has been granted as a network exception based

21  on any preferred provider access deficiency described in

22  this paragraph or under the circumstances applicable in

23  paragraph (3) of subsection (d-5). In these circumstances,

24  the contractual requirements for non-preferred provider

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

26  Illinois Insurance Code requires otherwise. In no event
    HB3019 Enrolled    - 78 - LRB104 07095 AAS 17132 b

1   shall a beneficiary who receives care at a participating

2   health care facility be required to search for

3   participating providers under the circumstances described

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

5   Illinois Insurance Code except under the circumstances

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

7   (7) A provision that the beneficiary shall receive

8   emergency care coverage such that payment for this

9   coverage is not dependent upon whether the emergency

10  services are performed by a preferred or non-preferred

11  provider and the coverage shall be at the same benefit

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

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

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

15  provided the covered service at no greater cost to the

16  beneficiary than if the service had been provided by a

17  preferred provider. This provision shall be consistent

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

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

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

21  Act.

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

23 minimum ratio of providers to plan beneficiaries as required

24 by the Department.

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

26  beneficiaries shall be established annually by the
    HB3019 Enrolled   - 79 - LRB104 07095 AAS 17132 b

1   Department in consultation with the Department of Public

2   Health based upon the guidance from the federal Centers

3   for Medicare and Medicaid Services. The Department shall

4   not establish ratios for vision or dental providers who

5   provide services under dental-specific or vision-specific

6   benefits. The Department shall consider establishing

7   ratios for the following physicians 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;
    HB3019 Enrolled  - 80 - LRB104 07095 AAS 17132 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.

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  (d) The network plan shall demonstrate to the Director

16 maximum travel and distance standards for plan beneficiaries,

17 which shall be established annually by the Department in

18 consultation with the Department of Public Health based upon

19 the guidance from the federal Centers for Medicare and

20 Medicaid Services. These standards shall consist of the

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

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

23 or rural counties as defined by Department rule.

24  The maximum travel time and distance standards must

25 include standards for each physician and other provider

26 category listed for which ratios have been established.
   HB3019 Enrolled  - 81 - LRB104 07095 AAS 17132 b

1  The Director shall establish a process for the review of

2 the adequacy of these standards along with an assessment of

3 additional specialties to be included in the list under this

4 subsection (d).

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

6 have timely and proximate access to treatment for mental,

7 emotional, nervous, or substance use disorders or conditions

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

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

10 Insurers shall use a comparable process, strategy, evidentiary

11 standard, and other factors in the development and application

12 of the network adequacy standards for timely and proximate

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

14 substance use disorders or conditions and those for the access

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

16 network adequacy standards for timely and proximate access

17 shall equally be applied to treatment facilities and providers

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

19 conditions and specialists providing medical or surgical

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

21 of the Illinois Insurance Code and the federal Paul Wellstone

22 and Pete Domenici Mental Health Parity and Addiction Equity

23 Act of 2008. Notwithstanding the foregoing, the network

24 adequacy standards for timely and proximate access to

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

26 disorders or conditions shall, at a minimum, satisfy the
    HB3019 Enrolled        - 82 - LRB104 07095 AAS 17132 b

1 following requirements:

2   (A) For beneficiaries residing in the metropolitan

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

4   network adequacy standards for timely and proximate access

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

6   use disorders or conditions means a beneficiary shall not

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

8   beneficiary's residence to receive outpatient treatment

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

10  or conditions. Beneficiaries shall not be required to wait

11  longer than 10 business days between requesting an initial

12  appointment and being seen by the facility or provider of

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

14  conditions for outpatient treatment or to wait longer than

15  20 business days between requesting a repeat or follow-up

16  appointment and being seen by the facility or provider of

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

18  conditions for outpatient treatment; however, subject to

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

20  network plan shall not be held responsible if the

21  beneficiary or provider voluntarily chooses to schedule an

22  appointment outside of these required time frames.

23  (B) For beneficiaries residing in Illinois counties

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

25  this paragraph, network adequacy standards for timely and

26  proximate access to treatment for mental, emotional,
    HB3019 Enrolled          - 83 - LRB104 07095 AAS 17132 b

1   nervous, or substance use disorders or conditions means a

2   beneficiary shall not have to travel longer than 60

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

4   receive outpatient treatment for mental, emotional,

5   nervous, or substance use disorders or conditions.

6   Beneficiaries shall not be required to wait longer than 10

7   business days between requesting an initial appointment

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

9   emotional, nervous, or substance use disorders or

10  conditions for outpatient treatment or to wait longer than

11  20 business days between requesting a repeat or follow-up

12  appointment and being seen by the facility or provider of

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

14  conditions for outpatient treatment; however, subject to

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

16  network plan shall not be held responsible if the

17  beneficiary or provider voluntarily chooses to schedule an

18  appointment outside of these required time frames.

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

20 network adequacy standards for timely and proximate access to

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

22 disorders or conditions means a beneficiary shall not have to

23 travel longer than 60 minutes or 60 miles from the

24 beneficiary's residence to receive inpatient or residential

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

26 disorders or conditions.
    HB3019 Enrolled  - 84 - LRB104 07095 AAS 17132 b

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

2 available for a beneficiary to receive timely and proximate

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

4 substance use disorders or conditions in accordance with the

5 network adequacy standards outlined in this subsection, the

6 insurer shall provide necessary exceptions to its network to

7 ensure admission and treatment with a provider or at a

8 treatment facility in accordance with the network adequacy

9 standards in this subsection at the in-network benefit level.

10  (A) For plan or policy years beginning on or after

11  January 1, 2026, the issuer also shall provide reasonable

12  reimbursement to a beneficiary who has received an

13  exception as outlined in this paragraph (3) for costs

14  including food, lodging, and travel.

15  (i) Reimbursement for food and lodging shall be at

16  the prevailing federal per diem rates then in effect,

17  as set by the United States General Services

18  Administration. Reimbursement for travel by vehicle

19  shall be reimbursed at the current Internal Revenue

20  Service mileage standard for miles driven for

21  transportation or travel expenses.

22  (ii) At the time an issuer grants an exception

23  under this paragraph (3), the issuer shall give

24  written notification to the beneficiary of potential

25  eligibility for reimbursement under this subparagraph

26  (A) and instructions on how to file a claim for such
    HB3019 Enrolled  - 85 - LRB104 07095 AAS 17132 b

1   reimbursement, including a link to the claim form on

2   the issuer's public website and a phone number for a

3   beneficiary to request that the issuer send a hard

4   copy of the claim form by postal mail. The Department

5   shall create the template for the reimbursement

6   notification form, which issuers shall fill in and

7   post on their public website.

8   (iii) An issuer may require a beneficiary to

9   submit a claim for food, travel, or lodging

10  reimbursement within 60 days of the last date of the

11  health care service for which travel was undertaken,

12  and the beneficiary may appeal any denial of

13  reimbursement claims.

14  (iv) An issuer may deny reimbursement for food,

15  lodging, and travel if the provider's site of care is

16  neither within this State nor within 100 miles of the

17  beneficiary's residence unless, after a good faith

18  effort, no provider can be found who is available

19  within those parameters to provide the medically

20  necessary health care service within 10 business days

21  of a request for appointment.

22  (B) Notwithstanding any other provision of this

23  Section to the contrary, subparagraph (A) of this

24  paragraph (3) does not apply to policies issued or

25  delivered in this State that provide medical assistance

26  under the Illinois Public Aid Code or the Children's
    HB3019 Enrolled          - 86 - LRB104 07095 AAS 17132 b

1   Health Insurance Program Act.

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

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

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

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

6 service delivery options, such as telemedicine or telehealth,

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

8 delivering care to partially meet the requirements set under

9 this Section.

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

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

12 ratios and time and distance standards established by the

13 Department may request an exception to these requirements from

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

15 following circumstances:

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

17  time and distance standard in a specific service area and

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

19  travel time points that beneficiaries would have to travel

20  beyond the required criterion to reach the next closest

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

22  provides contact information, including names, addresses,

23  and phone numbers for the next closest contracted provider

24  or facility;

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

26  support the need for the requested number of provider or
    HB3019 Enrolled        - 87 - LRB104 07095 AAS 17132 b

1   facility type and the insurer provides data on local

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

3   or local provider interviews, indicating where the

4   beneficiaries currently seek this type of care or where

5   the physicians currently refer beneficiaries, or both; or

6   (3) other circumstances deemed appropriate by the

7   Department consistent with the requirements of this Act.

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

9 material change to an approved network plan within 15 days

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

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

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

13 compliance with the network adequacy and transparency

14 standards of this Act.

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

16 102-1117, eff. 1-13-23; 103-656, eff. 1-1-25.)

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

18  Sec. 10. Network adequacy.

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

20 description of all of the following with the Director:

21  (1) The written policies and procedures for adding

22  providers to meet patient needs based on increases in the

23  number  of       beneficiaries,      changes   in      the

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

25  care capabilities, and increased demand for services.
    HB3019 Enrolled    - 88 - LRB104 07095 AAS 17132 b

1   (2) The written policies and procedures for making

2   referrals within and outside the network.

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

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

5   to network-affiliated primary care, emergency services,

6   and obstetrical and gynecological health care

7   professionals.

8   An insurer shall not prohibit a preferred provider from

9 discussing any specific or all treatment options with

10 beneficiaries irrespective of the insurer's position on those

11 treatment options or from advocating on behalf of

12 beneficiaries within the utilization review, grievance, or

13 appeals processes established by the insurer in accordance

14 with any rights or remedies available under applicable State

15 or federal law.

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

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

18 shall include all of the following:

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

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

21  marked locations for preferred providers.

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

23  addresses, phone numbers, and specialties of the providers

24  who have entered into preferred provider agreements under

25  the network plan.

26  (3) The number of beneficiaries anticipated to be
    HB3019 Enrolled       - 89 - LRB104 07095 AAS 17132 b

1   covered by the network plan.

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

3   for beneficiaries and prospective beneficiaries to access

4   current and accurate lists of preferred providers,

5   additional information about the plan, as well as any

6   other information required by Department rule.

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

8   rendered under the network plan are reasonably accessible

9   and available to beneficiaries. The description shall

10  address all of the following:

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

12  provided by the network plan;

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

14  beneficiaries, by specialty and including primary care

15  physicians and facility-based physicians when

16  applicable under the contract, necessary to meet the

17  health care needs and service demands of the currently

18  enrolled population;

19  (C) the travel and distance standards for plan

20  beneficiaries in county service areas; and

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

22  telehealth, or mobile care services may be used to

23  partially meet the network adequacy standards, if

24  applicable.

25  (6) A provision ensuring that whenever a beneficiary

26  has made a good faith effort, as evidenced by accessing
    HB3019 Enrolled  - 90 - LRB104 07095 AAS 17132 b

1   the provider directory, calling the network plan, and

2   calling the provider, to utilize preferred providers for a

3   covered service and it is determined the insurer does not

4   have the appropriate preferred providers due to

5   insufficient number, type, unreasonable travel distance or

6   delay, or preferred providers refusing to provide a

7   covered service because it is contrary to the conscience

8   of the preferred providers, as protected by the Health

9   Care Right of Conscience Act, the insurer shall give the

10  beneficiary a network exception and shall ensure, directly

11  or indirectly, by terms contained in the payer contract,

12  that the beneficiary will be provided the covered service

13  at no greater cost to the beneficiary than if the service

14  had been provided by a preferred provider. This paragraph

15  (6) does not apply to: (A) a beneficiary who willfully

16  chooses to access a non-preferred provider for health care

17  services available through the panel of preferred

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

19  maintenance organization, except that the health

20  maintenance organization must notify the beneficiary when

21  a referral has been granted as a network exception based

22  on any preferred provider access deficiency described in

23  this paragraph or under the circumstances applicable in

24  paragraph (3) of subsection (d-5). In these circumstances,

25  the contractual requirements for non-preferred provider

26  reimbursements shall apply unless Section 356z.3a of the
    HB3019 Enrolled           - 91 - LRB104 07095 AAS 17132 b

1   Illinois Insurance Code requires otherwise. In no event

2   shall a beneficiary who receives care at a participating

3   health care facility be required to search for

4   participating providers under the circumstances described

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

6   Illinois Insurance Code except under the circumstances

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

8   (7) A provision that the beneficiary shall receive

9   emergency care coverage such that payment for this

10  coverage is not dependent upon whether the emergency

11  services are performed by a preferred or non-preferred

12  provider and the coverage shall be at the same benefit

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

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

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

16  provided the covered service at no greater cost to the

17  beneficiary than if the service had been provided by a

18  preferred provider. This provision shall be consistent

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

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

21  beneficiary will incur a penalty for failing to

22  pre-certify inpatient hospital treatment, the penalty may

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

24  cost-sharing provisions.

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

26 minimum ratio of providers to plan beneficiaries as required
    HB3019 Enrolled   - 92 - LRB104 07095 AAS 17132 b

1 by the Department.

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

3   beneficiaries shall be established annually by the

4   Department in consultation with the Department of Public

5   Health based upon the guidance from the federal Centers

6   for Medicare and Medicaid Services. The Department shall

7   not establish ratios for vision or dental providers who

8   provide services under dental-specific or vision-specific

9   benefits. The Department shall consider establishing

10  ratios for the following physicians or other providers:

11  (A) Primary Care;

12  (B) Pediatrics;

13  (C) Cardiology;

14  (D) Gastroenterology;

15  (E) General Surgery;

16  (F) Neurology;

17  (G) OB/GYN;

18  (H) Oncology/Radiation;

19  (I) Ophthalmology;

20  (J) Urology;

21  (K) Behavioral Health;

22  (L) Allergy/Immunology;

23  (M) Chiropractic;

24  (N) Dermatology;

25  (O) Endocrinology;

26  (P) Ears, Nose, and Throat (ENT)/Otolaryngology;
    HB3019 Enrolled  - 93 - LRB104 07095 AAS 17132 b

1   (Q) Infectious Disease;

2   (R) Nephrology;

3   (S) Neurosurgery;

4   (T) Orthopedic Surgery;

5   (U) Physiatry/Rehabilitative;

6   (V) Plastic Surgery;

7   (W) Pulmonary;

8   (X) Rheumatology;

9   (Y) Anesthesiology;

10  (Z) Pain Medicine;

11  (AA) Pediatric Specialty Services;

12  (BB) Outpatient Dialysis; and

13  (CC) HIV.

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

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

16  assessment of additional specialties to be included in the

17  list under this subsection (c).

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

19 maximum travel and distance standards for plan beneficiaries,

20 which shall be established annually by the Department in

21 consultation with the Department of Public Health based upon

22 the guidance from the federal Centers for Medicare and

23 Medicaid Services. These standards shall consist of the

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

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

26 or rural counties as defined by Department rule.
   HB3019 Enrolled  - 94 - LRB104 07095 AAS 17132 b

1  The maximum travel time and distance standards must

2 include standards for each physician and other provider

3 category listed for which ratios have been established.

4  The Director shall establish a process for the review of

5 the adequacy of these standards along with an assessment of

6 additional specialties to be included in the list under this

7 subsection (d).

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

9 have timely and proximate access to treatment for mental,

10 emotional, nervous, or substance use disorders or conditions

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

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

13 Insurers shall use a comparable process, strategy, evidentiary

14 standard, and other factors in the development and application

15 of the network adequacy standards for timely and proximate

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

17 substance use disorders or conditions and those for the access

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

19 network adequacy standards for timely and proximate access

20 shall equally be applied to treatment facilities and providers

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

22 conditions and specialists providing medical or surgical

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

24 of the Illinois Insurance Code and the federal Paul Wellstone

25 and Pete Domenici Mental Health Parity and Addiction Equity

26 Act of 2008. Notwithstanding the foregoing, the network
    HB3019 Enrolled        - 95 - LRB104 07095 AAS 17132 b

1 adequacy standards for timely and proximate access to

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

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

4 following requirements:

5   (A) For beneficiaries residing in the metropolitan

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

7   network adequacy standards for timely and proximate access

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

9   use disorders or conditions means a beneficiary shall not

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

11  beneficiary's residence to receive outpatient treatment

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

13  or conditions. Beneficiaries shall not be required to wait

14  longer than 10 business days between requesting an initial

15  appointment and being seen by the facility or provider of

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

17  conditions for outpatient treatment or to wait longer than

18  20 business days between requesting a repeat or follow-up

19  appointment and being seen by the facility or provider of

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

21  conditions for outpatient treatment; however, subject to

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

23  network plan shall not be held responsible if the

24  beneficiary or provider voluntarily chooses to schedule an

25  appointment outside of these required time frames.

26  (B) For beneficiaries residing in Illinois counties
    HB3019 Enrolled  - 96 - LRB104 07095 AAS 17132 b

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

2   this paragraph, network adequacy standards for timely and

3   proximate access to treatment for mental, emotional,

4   nervous, or substance use disorders or conditions means a

5   beneficiary shall not have to travel longer than 60

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

7   receive outpatient treatment for mental, emotional,

8   nervous, or substance use disorders or conditions.

9   Beneficiaries shall not be required to wait longer than 10

10  business days between requesting an initial appointment

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

12  emotional, nervous, or substance use disorders or

13  conditions for outpatient treatment or to wait longer than

14  20 business days between requesting a repeat or follow-up

15  appointment and being seen by the facility or provider of

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

17  conditions for outpatient treatment; however, subject to

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

19  network plan shall not be held responsible if the

20  beneficiary or provider voluntarily chooses to schedule an

21  appointment outside of these required time frames.

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

23 network adequacy standards for timely and proximate access to

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

25 disorders or conditions means a beneficiary shall not have to

26 travel longer than 60 minutes or 60 miles from the
    HB3019 Enrolled         - 97 - LRB104 07095 AAS 17132 b

1 beneficiary's residence to receive inpatient or residential

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

3 disorders or conditions.

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

5 available for a beneficiary to receive timely and proximate

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

7 substance use disorders or conditions in accordance with the

8 network adequacy standards outlined in this subsection, the

9 insurer shall provide necessary exceptions to its network to

10 ensure admission and treatment with a provider or at a

11 treatment facility in accordance with the network adequacy

12 standards in this subsection at the in-network benefit level.

13  (A) For plan or policy years beginning on or after

14  January 1, 2026, the issuer also shall provide reasonable

15  reimbursement to a beneficiary who has received an

16  exception as outlined in this paragraph (3) for costs

17  including food, lodging, and travel.

18  (i) Reimbursement for food and lodging shall be at

19  the prevailing federal per diem rates then in effect,

20  as set by the United States General Services

21  Administration. Reimbursement for travel by vehicle

22  shall be reimbursed at the current Internal Revenue

23  Service mileage standard for miles driven for

24  transportation or travel expenses.

25  (ii) At the time an issuer grants an exception

26  under this paragraph (3), the issuer shall give
    HB3019 Enrolled  - 98 - LRB104 07095 AAS 17132 b

1   written notification to the beneficiary of potential

2   eligibility for reimbursement under this subparagraph

3   (A) and instructions on how to file a claim for such

4   reimbursement, including a link to the claim form on

5   the issuer's public website and a phone number for a

6   beneficiary to request that the issuer send a hard

7   copy of the claim form by postal mail. The Department

8   shall create the template for the reimbursement

9   notification form, which issuers shall fill in and

10  post on their public website.

11  (iii) An issuer may require a beneficiary to

12  submit a claim for food, travel, or lodging

13  reimbursement within 60 days of the last date of the

14  health care service for which travel was undertaken,

15  and the beneficiary may appeal any denial of

16  reimbursement claims.

17  (iv) An issuer may deny reimbursement for food,

18  lodging, and travel if the provider's site of care is

19  neither within this State nor within 100 miles of the

20  beneficiary's residence unless, after a good faith

21  effort, no provider can be found who is available

22  within those parameters to provide the medically

23  necessary health care service within 10 business days

24  of a request for appointment.

25  (B) Notwithstanding any other provision of this

26  Section to the contrary, subparagraph (A) of this
    HB3019 Enrolled          - 99 - LRB104 07095 AAS 17132 b

1   paragraph (3) does not apply to policies issued or

2   delivered in this State that provide medical assistance

3   under the Illinois Public Aid Code or the Children's

4   Health Insurance Program Act.

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

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

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

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

9 service delivery options, such as telemedicine or telehealth,

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

11 delivering care to partially meet the requirements set under

12 this Section.

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

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

15 ratios and time and distance standards established by the

16 Department may request an exception to these requirements from

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

18 following circumstances:

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

20  time and distance standard in a specific service area and

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

22  travel time points that beneficiaries would have to travel

23  beyond the required criterion to reach the next closest

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

25  provides contact information, including names, addresses,

26  and phone numbers for the next closest contracted provider
    HB3019 Enrolled        - 100 - LRB104 07095 AAS 17132 b

1   or facility;

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

3   support the need for the requested number of provider or

4   facility type and the insurer provides data on local

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

6   or local provider interviews, indicating where the

7   beneficiaries currently seek this type of care or where

8   the physicians currently refer beneficiaries, or both; or

9   (3) other circumstances deemed appropriate by the

10  Department consistent with the requirements of this Act.

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

12 material change to an approved network plan within 15 days

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

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

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

16 compliance with the network adequacy and transparency

17 standards of this Act.

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

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

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

21  Sec. 10. Network adequacy.

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

23 description of all of the following with the Director:

24  (1) The written policies and procedures for adding

25  providers to meet patient needs based on increases in the
    HB3019 Enrolled  - 101 - LRB104 07095 AAS 17132 b

1   number  of       beneficiaries,     changes   in       the

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

3   care capabilities, and increased demand for services.

4   (2) The written policies and procedures for making

5   referrals within and outside the network.

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

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

8   to network-affiliated primary care, emergency services,

9   and women's principal health care providers.

10  An insurer shall not prohibit a preferred provider from

11 discussing any specific or all treatment options with

12 beneficiaries irrespective of the insurer's position on those

13 treatment options or from advocating on behalf of

14 beneficiaries within the utilization review, grievance, or

15 appeals processes established by the insurer in accordance

16 with any rights or remedies available under applicable State

17 or federal law.

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

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

20 shall include all of the following:

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

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

23  marked locations for preferred providers.

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

25  addresses, phone numbers, and specialties of the providers

26  who have entered into preferred provider agreements under
    HB3019 Enrolled    - 102 - LRB104 07095 AAS 17132 b

1   the network plan.

2   (3) The number of beneficiaries anticipated to be

3   covered by the network plan.

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

5   for beneficiaries and prospective beneficiaries to access

6   current and accurate lists of preferred providers,

7   additional information about the plan, as well as any

8   other information required by Department rule.

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

10  rendered under the network plan are reasonably accessible

11  and available to beneficiaries. The description shall

12  address all of the following:

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

14  provided by the network plan;

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

16  beneficiaries, by specialty and including primary care

17  physicians and facility-based physicians when

18  applicable under the contract, necessary to meet the

19  health care needs and service demands of the currently

20  enrolled population;

21  (C) the travel and distance standards for plan

22  beneficiaries in county service areas; and

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

24  telehealth, or mobile care services may be used to

25  partially meet the network adequacy standards, if

26  applicable.
    HB3019 Enrolled  - 103 - LRB104 07095 AAS 17132 b

1   (6) A provision ensuring that whenever a beneficiary

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

3   the provider directory, calling the network plan, and

4   calling the provider, to utilize preferred providers for a

5   covered service and it is determined the insurer does not

6   have the appropriate preferred providers due to

7   insufficient number, type, unreasonable travel distance or

8   delay, or preferred providers refusing to provide a

9   covered service because it is contrary to the conscience

10  of the preferred providers, as protected by the Health

11  Care Right of Conscience Act, the insurer shall give the

12  beneficiary a network exception and shall ensure, directly

13  or indirectly, by terms contained in the payer contract,

14  that the beneficiary will be provided the covered service

15  at no greater cost to the beneficiary than if the service

16  had been provided by a preferred provider. This paragraph

17  (6) does not apply to: (A) a beneficiary who willfully

18  chooses to access a non-preferred provider for health care

19  services available through the panel of preferred

20  providers, or (B) a beneficiary enrolled in a health

21  maintenance organization, except that the health

22  maintenance organization must notify the beneficiary when

23  a referral has been granted as a network exception based

24  on any preferred provider access deficiency described in

25  this paragraph or under the circumstances applicable in

26  paragraph (3) of subsection (d-5). In these circumstances,
    HB3019 Enrolled  - 104 - LRB104 07095 AAS 17132 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.
    HB3019 Enrolled      - 105 - LRB104 07095 AAS 17132 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, except to the extent provided under federal law

12  for stand-alone dental plans. The Department shall

13  consider establishing ratios for the following physicians

14  or other providers:

15  (A) Primary Care;

16  (B) Pediatrics;

17  (C) Cardiology;

18  (D) Gastroenterology;

19  (E) General Surgery;

20  (F) Neurology;

21  (G) OB/GYN;

22  (H) Oncology/Radiation;

23  (I) Ophthalmology;

24  (J) Urology;

25  (K) Behavioral Health;

26  (L) Allergy/Immunology;
    HB3019 Enrolled  - 106 - LRB104 07095 AAS 17132 b

1   (M) Chiropractic;

2   (N) Dermatology;

3   (O) Endocrinology;

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

5   (Q) Infectious Disease;

6   (R) Nephrology;

7   (S) Neurosurgery;

8   (T) Orthopedic Surgery;

9   (U) Physiatry/Rehabilitative;

10  (V) Plastic Surgery;

11  (W) Pulmonary;

12  (X) Rheumatology;

13  (Y) Anesthesiology;

14  (Z) Pain Medicine;

15  (AA) Pediatric Specialty Services;

16  (BB) Outpatient Dialysis; and

17  (CC) HIV.

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

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

20  assessment of additional specialties to be included in the

21  list under this subsection (c).

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

23  Services establishes minimum provider ratios for

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

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

26  enforce those standards for stand-alone dental plans for
    HB3019 Enrolled  - 107 - LRB104 07095 AAS 17132 b

1   that plan year.

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

3 maximum travel and distance standards for plan beneficiaries,

4 which shall be established annually by the Department in

5 consultation with the Department of Public Health based upon

6 the guidance from the federal Centers for Medicare and

7 Medicaid Services. These standards shall consist of the

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

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

10 or rural counties as defined by Department rule.

11  The maximum travel time and distance standards must

12 include standards for each physician and other provider

13 category listed for which ratios have been established.

14  The Director shall establish a process for the review of

15 the adequacy of these standards along with an assessment of

16 additional specialties to be included in the list under this

17 subsection (d).

18  If the federal Centers for Medicare and Medicaid Services

19 establishes appointment wait-time standards for qualified

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

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

22 Department shall enforce those standards for the same types of

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

24 Centers for Medicare and Medicaid Services establishes time

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

26 type of exchange in use in this State for a given plan year,
    HB3019 Enrolled         - 108 - LRB104 07095 AAS 17132 b

1 the Department shall enforce those standards for stand-alone

2 dental plans for that plan year.

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

4 have timely and proximate access to treatment for mental,

5 emotional, nervous, or substance use disorders or conditions

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

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

8 Insurers shall use a comparable process, strategy, evidentiary

9 standard, and other factors in the development and application

10 of the network adequacy standards for timely and proximate

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

12 substance use disorders or conditions and those for the access

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

14 network adequacy standards for timely and proximate access

15 shall equally be applied to treatment facilities and providers

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

17 conditions and specialists providing medical or surgical

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

19 of the Illinois Insurance Code and the federal Paul Wellstone

20 and Pete Domenici Mental Health Parity and Addiction Equity

21 Act of 2008. Notwithstanding the foregoing, the network

22 adequacy standards for timely and proximate access to

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

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

25 following requirements:

26  (A) For beneficiaries residing in the metropolitan
    HB3019 Enrolled  - 109 - LRB104 07095 AAS 17132 b

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

2   network adequacy standards for timely and proximate access

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

4   use disorders or conditions means a beneficiary shall not

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

6   beneficiary's residence to receive outpatient treatment

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

8   or conditions. Beneficiaries shall not be required to wait

9   longer than 10 business days between requesting an initial

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 or to wait longer than

13  20 business days between requesting a repeat or follow-up

14  appointment and being seen by the facility or provider of

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

16  conditions for outpatient treatment; however, subject to

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

18  network plan shall not be held responsible if the

19  beneficiary or provider voluntarily chooses to schedule an

20  appointment outside of these required time frames.

21  (B) For beneficiaries residing in Illinois counties

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

23  this paragraph, network adequacy standards for timely and

24  proximate access to treatment for mental, emotional,

25  nervous, or substance use disorders or conditions means a

26  beneficiary shall not have to travel longer than 60
    HB3019 Enrolled          - 110 - LRB104 07095 AAS 17132 b

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

2   receive outpatient treatment for mental, emotional,

3   nervous, or substance use disorders or conditions.

4   Beneficiaries shall not be required to wait longer than 10

5   business days between requesting an initial appointment

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

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

18 network adequacy standards for timely and proximate access to

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

20 disorders or conditions means a beneficiary shall not have to

21 travel longer than 60 minutes or 60 miles from the

22 beneficiary's residence to receive inpatient or residential

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

24 disorders or conditions.

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

26 available for a beneficiary to receive timely and proximate
    HB3019 Enrolled  - 111 - LRB104 07095 AAS 17132 b

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

2 substance use disorders or conditions in accordance with the

3 network adequacy standards outlined in this subsection, the

4 insurer shall provide necessary exceptions to its network to

5 ensure admission and treatment with a provider or at a

6 treatment facility in accordance with the network adequacy

7 standards in this subsection at the in-network benefit level.

8   (A) For plan or policy years beginning on or after

9   January 1, 2026, the issuer also shall provide reasonable

10  reimbursement to a beneficiary who has received an

11  exception as outlined in this paragraph (3) for costs

12  including food, lodging, and travel.

13  (i) Reimbursement for food and lodging shall be at

14  the prevailing federal per diem rates then in effect,

15  as set by the United States General Services

16  Administration. Reimbursement for travel by vehicle

17  shall be reimbursed at the current Internal Revenue

18  Service mileage standard for miles driven for

19  transportation or travel expenses.

20  (ii) At the time an issuer grants an exception

21  under this paragraph (3), the issuer shall give

22  written notification to the beneficiary of potential

23  eligibility for reimbursement under this subparagraph

24  (A) and instructions on how to file a claim for such

25  reimbursement, including a link to the claim form on

26  the issuer's public website and a phone number for a
    HB3019 Enrolled  - 112 - LRB104 07095 AAS 17132 b

1   beneficiary to request that the issuer send a hard

2   copy of the claim form by postal mail. The Department

3   shall create the template for the reimbursement

4   notification form, which issuers shall fill in and

5   post on their public website.

6   (iii) An issuer may require a beneficiary to

7   submit a claim for food, travel, or lodging

8   reimbursement within 60 days of the last date of the

9   health care service for which travel was undertaken,

10  and the beneficiary may appeal any denial of

11  reimbursement claims.

12  (iv) An issuer may deny reimbursement for food,

13  lodging, and travel if the provider's site of care is

14  neither within this State nor within 100 miles of the

15  beneficiary's residence unless, after a good faith

16  effort, no provider can be found who is available

17  within those parameters to provide the medically

18  necessary health care service within 10 business days

19  of a request for appointment.

20  (B) Notwithstanding any other provision of this

21  Section to the contrary, subparagraph (A) of this

22  paragraph (3) does not apply to policies issued or

23  delivered in this State that provide medical assistance

24  under the Illinois Public Aid Code or the Children's

25  Health Insurance Program Act.

26  (4) If the federal Centers for Medicare and Medicaid
    HB3019 Enrolled          - 113 - LRB104 07095 AAS 17132 b

1 Services establishes a more stringent standard in any county

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

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

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

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

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

7 year.

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

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

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

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

12 service delivery options, such as telemedicine or telehealth,

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

14 delivering care to partially meet the requirements set under

15 this Section.

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

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

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

19 standards established under this Act or federal law may

20 request an exception to these requirements from the

21 Department. The Department may grant an exception in the

22 following circumstances:

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

24  time and distance standard in a specific service area and

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

26  travel time points that beneficiaries would have to travel
    HB3019 Enrolled        - 114 - LRB104 07095 AAS 17132 b

1   beyond the required criterion to reach the next closest

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

3   provides contact information, including names, addresses,

4   and phone numbers for the next closest contracted provider

5   or facility;

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

7   support the need for the requested number of provider or

8   facility type and the insurer provides data on local

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

10  or local provider interviews, indicating where the

11  beneficiaries currently seek this type of care or where

12  the physicians currently refer beneficiaries, or both; or

13  (3) other circumstances deemed appropriate by the

14  Department consistent with the requirements of this Act.

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

16 material change to an approved network plan within 15 days

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

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

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

20 compliance with the network adequacy and transparency

21 standards of this Act.

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

23 102-1117, eff. 1-13-23; 103-777, eff. 1-1-25.)

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

25  Sec. 10. Network adequacy.
    HB3019 Enrolled  - 115 - LRB104 07095 AAS 17132 b

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

2 description of all of the following with the Director:

3   (1) The written policies and procedures for adding

4   providers to meet patient needs based on increases in the

5   number  of       beneficiaries,     changes   in       the

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

7   care capabilities, and increased demand for services.

8   (2) The written policies and procedures for making

9   referrals within and outside the network.

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

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

12  to network-affiliated primary care, emergency services,

13  and women's principal health care providers.

14  An insurer shall not prohibit a preferred provider from

15 discussing any specific or all treatment options with

16 beneficiaries irrespective of the insurer's position on those

17 treatment options or from advocating on behalf of

18 beneficiaries within the utilization review, grievance, or

19 appeals processes established by the insurer in accordance

20 with any rights or remedies available under applicable State

21 or federal law.

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

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

24 shall include all of the following:

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

26  by the plan by county service area and zip code, including
    HB3019 Enrolled    - 116 - LRB104 07095 AAS 17132 b

1   marked locations for preferred providers.

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

3   addresses, phone numbers, and specialties of the providers

4   who have entered into preferred provider agreements under

5   the network plan.

6   (3) The number of beneficiaries anticipated to be

7   covered by the network plan.

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

9   for beneficiaries and prospective beneficiaries to access

10  current and accurate lists of preferred providers,

11  additional information about the plan, as well as any

12  other information required by Department rule.

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

14  rendered under the network plan are reasonably accessible

15  and available to beneficiaries. The description shall

16  address all of the following:

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

18  provided by the network plan;

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

20  beneficiaries, by specialty and including primary care

21  physicians and facility-based physicians when

22  applicable under the contract, necessary to meet the

23  health care needs and service demands of the currently

24  enrolled population;

25  (C) the travel and distance standards for plan

26  beneficiaries in county service areas; and
    HB3019 Enrolled  - 117 - LRB104 07095 AAS 17132 b

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

2   telehealth, or mobile care services may be used to

3   partially meet the network adequacy standards, if

4   applicable.

5   (6) A provision ensuring that whenever a beneficiary

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

7   the provider directory, calling the network plan, and

8   calling the provider, to utilize preferred providers for a

9   covered service and it is determined the insurer does not

10  have the appropriate preferred providers due to

11  insufficient number, type, unreasonable travel distance or

12  delay, or preferred providers refusing to provide a

13  covered service because it is contrary to the conscience

14  of the preferred providers, as protected by the Health

15  Care Right of Conscience Act, the insurer shall give the

16  beneficiary a network exception and shall ensure, directly

17  or indirectly, by terms contained in the payer contract,

18  that the beneficiary will be provided the covered service

19  at no greater cost to the beneficiary than if the service

20  had been provided by a preferred provider. This paragraph

21  (6) does not apply to: (A) a beneficiary who willfully

22  chooses to access a non-preferred provider for health care

23  services available through the panel of preferred

24  providers, or (B) a beneficiary enrolled in a health

25  maintenance organization, except that the health

26  maintenance organization must notify the beneficiary when
    HB3019 Enrolled  - 118 - LRB104 07095 AAS 17132 b

1   a referral has been granted as a network exception based

2   on any preferred provider access deficiency described in

3   this paragraph or under the circumstances applicable in

4   paragraph (3) of subsection (d-5). In these circumstances,

5   the contractual requirements for non-preferred provider

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

7   Illinois Insurance Code requires otherwise. In no event

8   shall a beneficiary who receives care at a participating

9   health care facility be required to search for

10  participating providers under the circumstances described

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

12  Illinois Insurance Code except under the circumstances

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

14  (7) A provision that the beneficiary shall receive

15  emergency care coverage such that payment for this

16  coverage is not dependent upon whether the emergency

17  services are performed by a preferred or non-preferred

18  provider and the coverage shall be at the same benefit

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

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

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

22  provided the covered service at no greater cost to the

23  beneficiary than if the service had been provided by a

24  preferred provider. This provision shall be consistent

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

26  (8) A limitation that, if the plan provides that the
    HB3019 Enrolled   - 119 - LRB104 07095 AAS 17132 b

1   beneficiary will incur a penalty for failing to

2   pre-certify inpatient hospital treatment, the penalty may

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

4   cost sharing provisions.

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

6 minimum ratio of providers to plan beneficiaries as required

7 by the Department.

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

9   beneficiaries shall be established annually by the

10  Department in consultation with the Department of Public

11  Health based upon the guidance from the federal Centers

12  for Medicare and Medicaid Services. The Department shall

13  not establish ratios for vision or dental providers who

14  provide services under dental-specific or vision-specific

15  benefits. The Department shall consider establishing

16  ratios for the following physicians or other providers:

17  (A) Primary Care;

18  (B) Pediatrics;

19  (C) Cardiology;

20  (D) Gastroenterology;

21  (E) General Surgery;

22  (F) Neurology;

23  (G) OB/GYN;

24  (H) Oncology/Radiation;

25  (I) Ophthalmology;

26  (J) Urology;
    HB3019 Enrolled  - 120 - LRB104 07095 AAS 17132 b

1   (K) Behavioral Health;

2   (L) Allergy/Immunology;

3   (M) Chiropractic;

4   (N) Dermatology;

5   (O) Endocrinology;

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

7   (Q) Infectious Disease;

8   (R) Nephrology;

9   (S) Neurosurgery;

10  (T) Orthopedic Surgery;

11  (U) Physiatry/Rehabilitative;

12  (V) Plastic Surgery;

13  (W) Pulmonary;

14  (X) Rheumatology;

15  (Y) Anesthesiology;

16  (Z) Pain Medicine;

17  (AA) Pediatric Specialty Services;

18  (BB) Outpatient Dialysis; and

19  (CC) HIV.

20  (1.5) Beginning January 1, 2026, every insurer shall

21  demonstrate to the Director that each in-network hospital

22  has at least one radiologist, pathologist,

23  anesthesiologist, and emergency room physician as a

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

25  by rule, require additional types of hospital-based

26  medical specialists to be included as preferred providers
    HB3019 Enrolled  - 121 - LRB104 07095 AAS 17132 b

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

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

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

4   assessment of additional specialties to be included in the

5   list under this subsection (c).

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

7 maximum travel and distance standards for plan beneficiaries,

8 which shall be established annually by the Department in

9 consultation with the Department of Public Health based upon

10 the guidance from the federal Centers for Medicare and

11 Medicaid Services. These standards shall consist of the

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

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

14 or rural counties as defined 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  (d-5)(1) Every insurer shall ensure that beneficiaries

23 have timely and proximate access to treatment for mental,

24 emotional, nervous, or substance use disorders or conditions

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

26 subsection (a) of Section 370c of the Illinois Insurance Code.
    HB3019 Enrolled         - 122 - LRB104 07095 AAS 17132 b

1 Insurers shall use a comparable process, strategy, evidentiary

2 standard, and other factors in the development and application

3 of the network adequacy standards for timely and proximate

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

5 substance use disorders or conditions and those for the access

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

7 network adequacy standards for timely and proximate access

8 shall equally be applied to treatment facilities and providers

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

10 conditions and specialists providing medical or surgical

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

12 of the Illinois Insurance Code and the federal Paul Wellstone

13 and Pete Domenici Mental Health Parity and Addiction Equity

14 Act of 2008. Notwithstanding the foregoing, the network

15 adequacy standards for timely and proximate access to

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

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

18 following requirements:

19  (A) For beneficiaries residing in the metropolitan

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

21  network adequacy standards for timely and proximate access

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

23  use disorders or conditions means a beneficiary shall not

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

25  beneficiary's residence to receive outpatient treatment

26  for mental, emotional, nervous, or substance use disorders
    HB3019 Enrolled  - 123 - LRB104 07095 AAS 17132 b

1   or conditions. Beneficiaries shall not be required to wait

2   longer than 10 business days between requesting an initial

3   appointment and being seen by the facility or provider of

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

5   conditions for outpatient treatment or to wait longer than

6   20 business days between requesting a repeat or follow-up

7   appointment and being seen by the facility or provider of

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

9   conditions for outpatient treatment; however, subject to

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

11  network plan shall not be held responsible if the

12  beneficiary or provider voluntarily chooses to schedule an

13  appointment outside of these required time frames.

14  (B) For beneficiaries residing in Illinois counties

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

16  this paragraph, network adequacy standards for timely and

17  proximate access to treatment for mental, emotional,

18  nervous, or substance use disorders or conditions means a

19  beneficiary shall not have to travel longer than 60

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

21  receive outpatient treatment for mental, emotional,

22  nervous, or substance use disorders or conditions.

23  Beneficiaries shall not be required to wait longer than 10

24  business days between requesting an initial appointment

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

26  emotional, nervous, or substance use disorders or
    HB3019 Enrolled          - 124 - LRB104 07095 AAS 17132 b

1   conditions for outpatient treatment or to wait longer than

2   20 business days between requesting a repeat or follow-up

3   appointment and being seen by the facility or provider of

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

5   conditions for outpatient treatment; however, subject to

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

7   network plan shall not be held responsible if the

8   beneficiary or provider voluntarily chooses to schedule an

9   appointment outside of these required time frames.

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

11 network adequacy standards for timely and proximate access to

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

13 disorders or conditions means a beneficiary shall not have to

14 travel longer than 60 minutes or 60 miles from the

15 beneficiary's residence to receive inpatient or residential

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

17 disorders or conditions.

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

19 available for a beneficiary to receive timely and proximate

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

21 substance use disorders or conditions in accordance with the

22 network adequacy standards outlined in this subsection, the

23 insurer shall provide necessary exceptions to its network to

24 ensure admission and treatment with a provider or at a

25 treatment facility in accordance with the network adequacy

26 standards in this subsection at the in-network benefit level.
    HB3019 Enrolled  - 125 - LRB104 07095 AAS 17132 b

1   (A) For plan or policy years beginning on or after

2   January 1, 2026, the issuer also shall provide reasonable

3   reimbursement to a beneficiary who has received an

4   exception as outlined in this paragraph (3) for costs

5   including food, lodging, and travel.

6   (i) Reimbursement for food and lodging shall be at

7   the prevailing federal per diem rates then in effect,

8   as set by the United States General Services

9   Administration. Reimbursement for travel by vehicle

10  shall be reimbursed at the current Internal Revenue

11  Service mileage standard for miles driven for

12  transportation or travel expenses.

13  (ii) At the time an issuer grants an exception

14  under this paragraph (3), the issuer shall give

15  written notification to the beneficiary of potential

16  eligibility for reimbursement under this subparagraph

17  (A) and instructions on how to file a claim for such

18  reimbursement, including a link to the claim form on

19  the issuer's public website and a phone number for a

20  beneficiary to request that the issuer send a hard

21  copy of the claim form by postal mail. The Department

22  shall create the template for the reimbursement

23  notification form, which issuers shall fill in and

24  post on their public website.

25  (iii) An issuer may require a beneficiary to

26  submit a claim for food, travel, or lodging
    HB3019 Enrolled  - 126 - LRB104 07095 AAS 17132 b

1   reimbursement within 60 days of the last date of the

2   health care service for which travel was undertaken,

3   and the beneficiary may appeal any denial of

4   reimbursement claims.

5   (iv) An issuer may deny reimbursement for food,

6   lodging, and travel if the provider's site of care is

7   neither within this State nor within 100 miles of the

8   beneficiary's residence unless, after a good faith

9   effort, no provider can be found who is available

10  within those parameters to provide the medically

11  necessary health care service within 10 business days

12  of a request for appointment.

13  (B) Notwithstanding any other provision of this

14  Section to the contrary, subparagraph (A) of this

15  paragraph (3) does not apply to policies issued or

16  delivered in this State that provide medical assistance

17  under the Illinois Public Aid Code or the Children's

18  Health Insurance Program Act.

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

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

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

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

23 service delivery options, such as telemedicine or telehealth,

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

25 delivering care to partially meet the requirements set under

26 this Section.
    HB3019 Enrolled         - 127 - LRB104 07095 AAS 17132 b

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

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

3 ratios and time and distance standards established by the

4 Department may request an exception to these requirements from

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

6 following circumstances:

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

8   time and distance standard in a specific service area and

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

10  travel time points that beneficiaries would have to travel

11  beyond the required criterion to reach the next closest

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

13  provides contact information, including names, addresses,

14  and phone numbers for the next closest contracted provider

15  or facility;

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

17  support the need for the requested number of provider or

18  facility type and the insurer provides data on local

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

20  or local provider interviews, indicating where the

21  beneficiaries currently seek this type of care or where

22  the physicians currently refer beneficiaries, or both; or

23  (3) other circumstances deemed appropriate by the

24  Department consistent with the requirements of this Act.

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

26 material change to an approved network plan within 15 days
    HB3019 Enrolled  - 128 - LRB104 07095 AAS 17132 b

1 after the change occurs and any change that would result in
2 failure to meet the requirements of this Act. Upon notice from
3 the insurer, the Director shall reevaluate the network plan's
4 compliance with the network adequacy and transparency
5 standards of this Act.
6 (Source: P.A. 102-144, eff. 1-1-22; 102-901, eff. 7-1-22;
7 102-1117, eff. 1-13-23; 103-906, eff. 1-1-25.)

8   Section 15. The Health Maintenance Organization Act is

9 amended by changing Section 5-3 as follows:

10  (215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)

11  (Text of Section before amendment by P.A. 103-808)

12  Sec. 5-3. Insurance Code provisions.

13  (a) Health Maintenance Organizations shall be subject to

14 the provisions of Sections 133, 134, 136, 137, 139, 140,

15 141.1, 141.2, 141.3, 143, 143.31, 143c, 147, 148, 149, 151,

16 152, 153, 154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a,

17 155.49, 352c, 355.2, 355.3, 355.6, 355.7, 355b, 355c, 356f,

18 356g.5-1, 356m, 356q, 356u.10, 356v, 356w, 356x, 356z.2,

19 356z.3a, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, 356z.9,

20 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17,

21 356z.18, 356z.19, 356z.20, 356z.21, 356z.22, 356z.23, 356z.24,

22 356z.25, 356z.26, 356z.28, 356z.29, 356z.30, 356z.31, 356z.32,

23 356z.33, 356z.34, 356z.35, 356z.36, 356z.37, 356z.38, 356z.39,

24 356z.40, 356z.40a, 356z.41, 356z.44, 356z.45, 356z.46,
    HB3019 Enrolled  - 129 - LRB104 07095 AAS 17132 b

1 356z.47, 356z.48, 356z.49, 356z.50, 356z.51, 356z.53, 356z.54,

2 356z.55, 356z.56, 356z.57, 356z.58, 356z.59, 356z.60, 356z.61,

3 356z.62, 356z.63, 356z.64, 356z.65, 356z.66, 356z.67, 356z.68,

4 356z.69, 356z.70, 356z.71, 364, 364.01, 364.3, 367.2, 367.2-5,

5 367i, 368a, 368b, 368c, 368d, 368e, 370c, 370c.1, 401, 401.1,

6 402, 403, 403A, 408, 408.2, 409, 412, 444, and 444.1,

7 paragraph (c) of subsection (2) of Section 367, and Articles

8 IIA, VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV, XXVI, and

9 XXXIIB of the Illinois Insurance Code.

10  (b) For purposes of the Illinois Insurance Code, except

11 for Sections 444 and 444.1 and Articles XIII and XIII 1/2,

12 Health Maintenance Organizations in the following categories

13 are deemed to be "domestic companies":

14  (1) a corporation authorized under the Dental Service

15  Plan Act or the Voluntary Health Services Plans Act;

16  (2) a corporation organized under the laws of this

17  State; or

18  (3) a corporation organized under the laws of another

19  state, 30% or more of the enrollees of which are residents

20  of this State, except a corporation subject to

21  substantially the same requirements in its state of

22  organization as is a "domestic company" under Article VIII

23  1/2 of the Illinois Insurance Code.

24  (c) In considering the merger, consolidation, or other

25 acquisition of control of a Health Maintenance Organization

26 pursuant to Article VIII 1/2 of the Illinois Insurance Code,
    HB3019 Enrolled         - 130 - LRB104 07095 AAS 17132 b

1   (1) the Director shall give primary consideration to

2   the continuation of benefits to enrollees and the

3   financial conditions of the acquired Health Maintenance

4   Organization after the merger, consolidation, or other

5   acquisition of control takes effect;

6   (2)(i) the criteria specified in subsection (1)(b) of

7   Section 131.8 of the Illinois Insurance Code shall not

8   apply and (ii) the Director, in making his determination

9   with respect to the merger, consolidation, or other

10  acquisition of control, need not take into account the

11  effect on competition of the merger, consolidation, or

12  other acquisition of control;

13  (3) the Director shall have the power to require the

14  following information:

15  (A) certification by an independent actuary of the

16  adequacy of the reserves of the Health Maintenance

17  Organization sought to be acquired;

18  (B) pro forma financial statements reflecting the

19  combined balance sheets of the acquiring company and

20  the Health Maintenance Organization sought to be

21  acquired as of the end of the preceding year and as of

22  a date 90 days prior to the acquisition, as well as pro

23  forma financial statements reflecting projected

24  combined operation for a period of 2 years;

25  (C) a pro forma business plan detailing an

26  acquiring party's plans with respect to the operation
    HB3019 Enrolled           - 131 - LRB104 07095 AAS 17132 b

1   of the Health Maintenance Organization sought to be

2   acquired for a period of not less than 3 years; and

3   (D) such other information as the Director shall

4   require.

5   (d) The provisions of Article VIII 1/2 of the Illinois

6 Insurance Code and this Section 5-3 shall apply to the sale by

7 any health maintenance organization of greater than 10% of its

8 enrollee population (including, without limitation, the health

9 maintenance organization's right, title, and interest in and

10 to its health care certificates).

11  (e) In considering any management contract or service

12 agreement subject to Section 141.1 of the Illinois Insurance

13 Code, the Director (i) shall, in addition to the criteria

14 specified in Section 141.2 of the Illinois Insurance Code,

15 take into account the effect of the management contract or

16 service agreement on the continuation of benefits to enrollees

17 and the financial condition of the health maintenance

18 organization to be managed or serviced, and (ii) need not take

19 into account the effect of the management contract or service

20 agreement on competition.

21  (f) Except for small employer groups as defined in the

22 Small Employer Rating, Renewability and Portability Health

23 Insurance Act and except for medicare supplement policies as

24 defined in Section 363 of the Illinois Insurance Code, a

25 Health Maintenance Organization may by contract agree with a

26 group or other enrollment unit to effect refunds or charge
    HB3019 Enrolled  - 132 - LRB104 07095 AAS 17132 b

1 additional premiums under the following terms and conditions:

2   (i) the amount of, and other terms and conditions with

3   respect to, the refund or additional premium are set forth

4   in the group or enrollment unit contract agreed in advance

5   of the period for which a refund is to be paid or

6   additional premium is to be charged (which period shall

7   not be less than one year); and

8   (ii) the amount of the refund or additional premium

9   shall not exceed 20% of the Health Maintenance

10  Organization's profitable or unprofitable experience with

11  respect to the group or other enrollment unit for the

12  period (and, for purposes of a refund or additional

13  premium, the profitable or unprofitable experience shall

14  be calculated taking into account a pro rata share of the

15  Health Maintenance Organization's administrative and

16  marketing expenses, but shall not include any refund to be

17  made or additional premium to be paid pursuant to this

18  subsection (f)). The Health Maintenance Organization and

19  the group or enrollment unit may agree that the profitable

20  or unprofitable experience may be calculated taking into

21  account the refund period and the immediately preceding 2

22  plan years.

23  The Health Maintenance Organization shall include a

24 statement in the evidence of coverage issued to each enrollee

25 describing the possibility of a refund or additional premium,

26 and upon request of any group or enrollment unit, provide to
    HB3019 Enrolled  - 133 - LRB104 07095 AAS 17132 b

1 the group or enrollment unit a description of the method used

2 to calculate (1) the Health Maintenance Organization's

3 profitable experience with respect to the group or enrollment

4 unit and the resulting refund to the group or enrollment unit

5 or (2) the Health Maintenance Organization's unprofitable

6 experience with respect to the group or enrollment unit and

7 the resulting additional premium to be paid by the group or

8 enrollment unit.

9   In no event shall the Illinois Health Maintenance

10 Organization Guaranty Association be liable to pay any

11 contractual obligation of an insolvent organization to pay any

12 refund authorized under this Section.

13  (g) Rulemaking authority to implement Public Act 95-1045,

14 if any, is conditioned on the rules being adopted in

15 accordance with all provisions of the Illinois Administrative

16 Procedure Act and all rules and procedures of the Joint

17 Committee on Administrative Rules; any purported rule not so

18 adopted, for whatever reason, is unauthorized.

19 (Source: P.A. 102-30, eff. 1-1-22; 102-34, eff. 6-25-21;

20 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.

21 1-1-22; 102-589, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665,

22 eff. 10-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22;

23 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff.

24 1-1-23; 102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093,

25 eff. 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24;

26 103-91, eff. 1-1-24; 103-123, eff. 1-1-24; 103-154, eff.
    HB3019 Enrolled  - 134 - LRB104 07095 AAS 17132 b

1 6-30-23; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445,
2 eff. 1-1-24; 103-551, eff. 8-11-23; 103-605, eff. 7-1-24;
3 103-618, eff. 1-1-25; 103-649, eff. 1-1-25; 103-656, eff.
4 1-1-25; 103-700, eff. 1-1-25; 103-718, eff. 7-19-24; 103-751,
5 eff. 8-2-24; 103-753, eff. 8-2-24; 103-758, eff. 1-1-25;
6 103-777, eff. 8-2-24; 103-914, eff. 1-1-25; 103-918, eff.
7 1-1-25; 103-1024, eff. 1-1-25; revised 9-26-24.)

8   (Text of Section after amendment by P.A. 103-808)

9   Sec. 5-3. Insurance Code provisions.

10  (a) Health Maintenance Organizations shall be subject to

11 the provisions of Sections 133, 134, 136, 137, 139, 140,

12 141.1, 141.2, 141.3, 143, 143.31, 143c, 147, 148, 149, 151,

13 152, 153, 154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a,

14 155.49, 352c, 355.2, 355.3, 355.6, 355.7, 355b, 355c, 356f,

15 356g, 356g.5-1, 356m, 356q, 356u.10, 356v, 356w, 356x, 356z.2,

16 356z.3a, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, 356z.9,

17 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17,

18 356z.18, 356z.19, 356z.20, 356z.21, 356z.22, 356z.23, 356z.24,

19 356z.25, 356z.26, 356z.28, 356z.29, 356z.30, 356z.31, 356z.32,

20 356z.33, 356z.34, 356z.35, 356z.36, 356z.37, 356z.38, 356z.39,

21 356z.40, 356z.40a, 356z.41, 356z.44, 356z.45, 356z.46,

22 356z.47, 356z.48, 356z.49, 356z.50, 356z.51, 356z.53, 356z.54,

23 356z.55, 356z.56, 356z.57, 356z.58, 356z.59, 356z.60, 356z.61,

24 356z.62, 356z.63, 356z.64, 356z.65, 356z.66, 356z.67, 356z.68,

25 356z.69, 356z.70, 356z.71, 364, 364.01, 364.3, 367.2, 367.2-5,
    HB3019 Enrolled  - 135 - LRB104 07095 AAS 17132 b

1 367i, 368a, 368b, 368c, 368d, 368e, 370c, 370c.1, 401, 401.1,

2 402, 403, 403A, 408, 408.2, 409, 412, 444, and 444.1,

3 paragraph (c) of subsection (2) of Section 367, and Articles

4 IIA, VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV, XXVI, and

5 XXXIIB of the Illinois Insurance Code.

6   (b) For purposes of the Illinois Insurance Code, except

7 for Sections 444 and 444.1 and Articles XIII and XIII 1/2,

8 Health Maintenance Organizations in the following categories

9 are deemed to be "domestic companies":

10  (1) a corporation authorized under the Dental Service

11  Plan Act or the Voluntary Health Services Plans Act;

12  (2) a corporation organized under the laws of this

13  State; or

14  (3) a corporation organized under the laws of another

15  state, 30% or more of the enrollees of which are residents

16  of this State, except a corporation subject to

17  substantially the same requirements in its state of

18  organization as is a "domestic company" under Article VIII

19  1/2 of the Illinois Insurance Code.

20  (c) In considering the merger, consolidation, or other

21 acquisition of control of a Health Maintenance Organization

22 pursuant to Article VIII 1/2 of the Illinois Insurance Code,

23  (1) the Director shall give primary consideration to

24  the continuation of benefits to enrollees and the

25  financial conditions of the acquired Health Maintenance

26  Organization after the merger, consolidation, or other
    HB3019 Enrolled         - 136 - LRB104 07095 AAS 17132 b

1   acquisition of control takes effect;

2   (2)(i) the criteria specified in subsection (1)(b) of

3   Section 131.8 of the Illinois Insurance Code shall not

4   apply and (ii) the Director, in making his determination

5   with respect to the merger, consolidation, or other

6   acquisition of control, need not take into account the

7   effect on competition of the merger, consolidation, or

8   other acquisition of control;

9   (3) the Director shall have the power to require the

10  following information:

11  (A) certification by an independent actuary of the

12  adequacy of the reserves of the Health Maintenance

13  Organization sought to be acquired;

14  (B) pro forma financial statements reflecting the

15  combined balance sheets of the acquiring company and

16  the Health Maintenance Organization sought to be

17  acquired as of the end of the preceding year and as of

18  a date 90 days prior to the acquisition, as well as pro

19  forma financial statements reflecting projected

20  combined operation for a period of 2 years;

21  (C) a pro forma business plan detailing an

22  acquiring party's plans with respect to the operation

23  of the Health Maintenance Organization sought to be

24  acquired for a period of not less than 3 years; and

25  (D) such other information as the Director shall

26  require.
    HB3019 Enrolled           - 137 - LRB104 07095 AAS 17132 b

1   (d) The provisions of Article VIII 1/2 of the Illinois

2 Insurance Code and this Section 5-3 shall apply to the sale by

3 any health maintenance organization of greater than 10% of its

4 enrollee population (including, without limitation, the health

5 maintenance organization's right, title, and interest in and

6 to its health care certificates).

7   (e) In considering any management contract or service

8 agreement subject to Section 141.1 of the Illinois Insurance

9 Code, the Director (i) shall, in addition to the criteria

10 specified in Section 141.2 of the Illinois Insurance Code,

11 take into account the effect of the management contract or

12 service agreement on the continuation of benefits to enrollees

13 and the financial condition of the health maintenance

14 organization to be managed or serviced, and (ii) need not take

15 into account the effect of the management contract or service

16 agreement on competition.

17  (f) Except for small employer groups as defined in the

18 Small Employer Rating, Renewability and Portability Health

19 Insurance Act and except for medicare supplement policies as

20 defined in Section 363 of the Illinois Insurance Code, a

21 Health Maintenance Organization may by contract agree with a

22 group or other enrollment unit to effect refunds or charge

23 additional premiums under the following terms and conditions:

24  (i) the amount of, and other terms and conditions with

25  respect to, the refund or additional premium are set forth

26  in the group or enrollment unit contract agreed in advance
    HB3019 Enrolled  - 138 - LRB104 07095 AAS 17132 b

1   of the period for which a refund is to be paid or

2   additional premium is to be charged (which period shall

3   not be less than one year); and

4   (ii) the amount of the refund or additional premium

5   shall not exceed 20% of the Health Maintenance

6   Organization's profitable or unprofitable experience with

7   respect to the group or other enrollment unit for the

8   period (and, for purposes of a refund or additional

9   premium, the profitable or unprofitable experience shall

10  be calculated taking into account a pro rata share of the

11  Health Maintenance Organization's administrative and

12  marketing expenses, but shall not include any refund to be

13  made or additional premium to be paid pursuant to this

14  subsection (f)). The Health Maintenance Organization and

15  the group or enrollment unit may agree that the profitable

16  or unprofitable experience may be calculated taking into

17  account the refund period and the immediately preceding 2

18  plan years.

19  The Health Maintenance Organization shall include a

20 statement in the evidence of coverage issued to each enrollee

21 describing the possibility of a refund or additional premium,

22 and upon request of any group or enrollment unit, provide to

23 the group or enrollment unit a description of the method used

24 to calculate (1) the Health Maintenance Organization's

25 profitable experience with respect to the group or enrollment

26 unit and the resulting refund to the group or enrollment unit
   HB3019 Enrolled  - 139 - LRB104 07095 AAS 17132 b

1 or (2) the Health Maintenance Organization's unprofitable

2 experience with respect to the group or enrollment unit and

3 the resulting additional premium to be paid by the group or

4 enrollment unit.

5  In no event shall the Illinois Health Maintenance

6 Organization Guaranty Association be liable to pay any

7 contractual obligation of an insolvent organization to pay any

8 refund authorized under this Section.

9  (g) Rulemaking authority to implement Public Act 95-1045,

10 if any, is conditioned on the rules being adopted in

11 accordance with all provisions of the Illinois Administrative

12 Procedure Act and all rules and procedures of the Joint

13 Committee on Administrative Rules; any purported rule not so

14 adopted, for whatever reason, is unauthorized.

15 (Source: P.A. 102-30, eff. 1-1-22; 102-34, eff. 6-25-21;

16 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.

17 1-1-22; 102-589, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665,

18 eff. 10-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22;

19 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff.

20 1-1-23; 102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093,

21 eff. 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24;

22 103-91, eff. 1-1-24; 103-123, eff. 1-1-24; 103-154, eff.

23 6-30-23; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445,

24 eff. 1-1-24; 103-551, eff. 8-11-23; 103-605, eff. 7-1-24;

25 103-618, eff. 1-1-25; 103-649, eff. 1-1-25; 103-656, eff.

26 1-1-25; 103-700, eff. 1-1-25; 103-718, eff. 7-19-24; 103-751,
    HB3019 Enrolled  - 140 - LRB104 07095 AAS 17132 b

1 eff. 8-2-24; 103-753, eff. 8-2-24; 103-758, eff. 1-1-25;
2 103-777, eff. 8-2-24; 103-808, eff. 1-1-26; 103-914, eff.
3 1-1-25; 103-918, eff. 1-1-25; 103-1024, eff. 1-1-25; revised
4 11-26-24.)

5   Section 20. The Voluntary Health Services Plans Act is

6 amended by changing Section 10 as follows:

7   (215 ILCS 165/10) (from Ch. 32, par. 604)

8   Sec. 10. Application of Insurance Code provisions. Health

9 services plan corporations and all persons interested therein

10 or dealing therewith shall be subject to the provisions of

11 Articles IIA and XII 1/2 and Sections 3.1, 133, 136, 139, 140,

12 143, 143.31, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3,

13 355.7, 355b, 355d, 356g, 356g.5, 356g.5-1, 356m, 356q, 356r,

14 356t, 356u, 356u.10, 356v, 356w, 356x, 356y, 356z.1, 356z.2,

15 356z.3a, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, 356z.9,

16 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.18,

17 356z.19, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30,

18 356z.32, 356z.32a, 356z.33, 356z.40, 356z.41, 356z.46,

19 356z.47, 356z.51, 356z.53, 356z.54, 356z.56, 356z.57, 356z.59,

20 356z.60, 356z.61, 356z.62, 356z.64, 356z.67, 356z.68, 356z.71,

21 364.01, 364.3, 367.2, 368a, 401, 401.1, 402, 403, 403A, 408,

22 408.2, and 412, and paragraphs (7) and (15) of Section 367 of

23 the Illinois Insurance Code.

24  Rulemaking authority to implement Public Act 95-1045, if
    HB3019 Enrolled          - 141 - LRB104 07095 AAS 17132 b

 1 any, is conditioned on the rules being adopted in accordance
 2 with all provisions of the Illinois Administrative Procedure
 3 Act and all rules and procedures of the Joint Committee on
 4 Administrative Rules; any purported rule not so adopted, for
 5 whatever reason, is unauthorized.
 6 (Source: P.A. 102-30, eff. 1-1-22; 102-203, eff. 1-1-22;
 7 102-306, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff.
 8 10-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22; 102-804,
 9 eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23;
10 102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093, eff.
11 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91,
12 eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24;
13 103-551, eff. 8-11-23; 103-605, eff. 7-1-24; 103-656, eff.
14 1-1-25; 103-718, eff. 7-19-24; 103-751, eff. 8-2-24; 103-753,
15 eff. 8-2-24; 103-758, eff. 1-1-25; 103-832, eff. 1-1-25;
16 103-914, eff. 1-1-25; 103-918, eff. 1-1-25; 103-1024, eff.
17 1-1-25; revised 11-26-24.)

18  Section 25. The Illinois Public Aid Code is amended by

19 changing Section 5-5.28 as follows:

20  (305 ILCS 5/5-5.28 new)

21  Sec. 5-5.28. Rulemaking authority. The Department of

22 Healthcare and Family Services may adopt rules to implement

23 the applicable provisions of this amendatory Act of the 104th

24 General Assembly to managed care organizations, managed care
    HB3019 Enrolled  - 142 - LRB104 07095 AAS 17132 b

1 community networks, and, at the Department's discretion, any
2 other managed care entity described in subsection (i) of
3 Section 5-30 of the Illinois Public Aid Code and the medical
4 assistance fee-for-service program.

5   Section 95. No acceleration or delay. Where this Act makes

6 changes in a statute that is represented in this Act by text

7 that is not yet or no longer in effect (for example, a Section

8 represented by multiple versions), the use of that text does

9 not accelerate or delay the taking effect of (i) the changes

10 made by this Act or (ii) provisions derived from any other

11 Public Act.

12  Section 99. Effective date. This Act takes effect January

13 1, 2026.
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