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Illinois General Assembly· HB 3796Governor Approved

INSURANCE-PROVIDER PANELS, the official text

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HB3796 Enrolled                     LRB104 09757 BAB 19823 b

1   AN ACT concerning regulation.

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

3 represented in the General Assembly:

4   Section 5. The Network Adequacy and Transparency Act is

5 amended by changing Section 20 as follows:

6   (215 ILCS 124/20)

7   Sec. 20. Transition of services.

8   (a) A network plan shall provide for continuity of care

9 for its beneficiaries as follows:

10  (1) If a beneficiary's provider leaves the network

11  plan's network of providers for reasons other than

12  termination of a contract in situations involving imminent

13  harm to a patient or a final disciplinary action by a State

14  licensing board and the provider remains within the

15  network plan's service area, if benefits provided under

16  such network plan with respect to such provider or

17  facility are terminated because of a change in the terms

18  of the participation of such provider or facility in such

19  plan, or if a contract between a group health plan and a

20  health insurance issuer offering a network plan in

21  connection with the group health plan is terminated and

22  results in a loss of benefits provided under such plan

23  with respect to such provider, then the network plan shall
    HB3796 Enrolled      -2-     LRB104 09757 BAB 19823 b

1   permit the beneficiary to continue an ongoing course of

2   treatment with that provider during a transitional period

3   for the following duration:

4   (A) 90 days from the date of the notice to the

5   beneficiary of the provider's disaffiliation from the

6   network plan if the beneficiary has an ongoing course

7   of treatment;

8   (A-5) 90 days from the date of the notice to the

9   beneficiary of the provider's disaffiliation from the

10  network plan if the beneficiary has a confirmed

11  appointment and the provider attests that the

12  appointment was scheduled prior to the date of

13  notification; or

14  (B) if the beneficiary has entered the third

15  trimester of pregnancy at the time of the provider's

16  disaffiliation, a period that includes the provision

17  of post-partum care directly related to the delivery.

18  (2) Notwithstanding the provisions of paragraph (1) of

19  this subsection (a), such care shall be authorized by the

20  network plan during the transitional period in accordance

21  with the following:

22  (A) the provider receives continued reimbursement

23  from the network plan at the rates and terms and

24  conditions applicable under the terminated contract

25  prior to the start of the transitional period;

26  (B) the provider adheres to the network plan's
    HB3796 Enrolled       -3-         LRB104 09757 BAB 19823 b

1   quality assurance requirements, including provision to

2   the network plan of necessary medical information

3   related to such care; and

4   (C) the provider otherwise adheres to the network

5   plan's policies and procedures, including, but not

6   limited to, procedures regarding referrals and

7   obtaining preauthorizations for treatment.

8   (3) The provisions of this Section governing health

9   care provided during the transition period do not apply if

10  the beneficiary has successfully transitioned to another

11  provider participating in the network plan, if the

12  beneficiary has already met or exceeded the benefit

13  limitations of the plan, or if the care provided is not

14  medically necessary.

15  (4) The provisions of this Section governing health

16  care provided during the transition period do not apply if

17  the provider or the beneficiary, as set forth in item

18  (A-5) of paragraph (1) of subsection (a), reschedules an

19  appointment or schedules any follow up appointments after

20  90 days from the date of notice provided in Section 15.

21  (b) A network plan shall provide for continuity of care

22 for new beneficiaries as follows:

23  (1) If a new beneficiary whose provider is not a

24  member of the network plan's provider network, but is

25  within the network plan's service area, enrolls in the

26  network plan, the network plan shall permit the
    HB3796 Enrolled       -4-  LRB104 09757 BAB 19823 b

1   beneficiary to continue an ongoing course of treatment

2   with the beneficiary's current physician during a

3   transitional period:

4   (A) of 90 days from the effective date of

5   enrollment if the beneficiary has an ongoing course of

6   treatment;

7   (A-5) of 90 days from the effective date of

8   enrollment if the beneficiary has a confirmed

9   appointment and the current provider attests that the

10  appointment was scheduled prior to the effective date

11  of enrollment; or

12  (B) if the beneficiary has entered the third

13  trimester of pregnancy at the effective date of

14  enrollment, that includes the provision of post-partum

15  care directly related to the delivery.

16  (2) If a beneficiary, or a beneficiary's authorized

17  representative, elects in writing to continue to receive

18  care from such provider pursuant to paragraph (1) of this

19  subsection (b), such care shall be authorized by the

20  network plan for the transitional period in accordance

21  with the following:

22  (A) the provider receives reimbursement from the

23  network plan at rates established by the network plan;

24  (B) the provider adheres to the network plan's

25  quality assurance requirements, including provision to

26  the network plan of necessary medical information
    HB3796 Enrolled       -5-            LRB104 09757 BAB 19823 b

1   related to such care; and

2   (C) the provider otherwise adheres to the network

3   plan's policies and procedures, including, but not

4   limited to, procedures regarding referrals and

5   obtaining preauthorization for treatment.

6   (3) The provisions of this Section governing health

7   care provided during the transition period do not apply if

8   the beneficiary has successfully transitioned to another

9   provider participating in the network plan, if the

10  beneficiary has already met or exceeded the benefit

11  limitations of the plan, or if the care provided is not

12  medically necessary.

13  (4) The provisions of this subsection governing health

14  care provided during the transition period do not apply if

15  the provider or the beneficiary, as set forth in item

16  (A-5) of paragraph (1) of subsection (b), reschedules an

17  appointment or schedules any follow up appointments after

18  90 days from the effective date of enrollment.

19  (c) In no event shall this Section be construed to require

20 a network plan to provide coverage for benefits not otherwise

21 covered or to diminish or impair preexisting condition

22 limitations contained in the beneficiary's contract.

23  (d) A provider shall comply with the requirements of 42

24 U.S.C. 300gg-138.

25 (Source: P.A. 103-650, eff. 1-1-25.)

26  Section 99. Effective date. This Act takes effect January
         HB3796 Enrolled  -6-  LRB104 09757 BAB 19823 b
1 1, 2027.
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