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Illinois General Assembly· HB 3800Governor Approved

INSURANCE-VARIOUS, the official text

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HB3800 Enrolled                     LRB104 09780 BAB 19846 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 121-2.08, 155.04, 174, 194, 368d, 370c.1,

6 and 1563 and by renumbering and changing Section 356z.71 (as

7 amended by Public Act 103-700) as follows:

8   (215 ILCS 5/121-2.08) (from Ch. 73, par. 733-2.08)

9   Sec. 121-2.08. Transactions in this State involving

10 contracts of insurance independently procured directly from an

11 unauthorized insurer by industrial insureds.

12  (a) As used in this Section:

13  "Exempt commercial purchaser" means exempt commercial

14 purchaser as the term is defined in subsection (1) of Section

15 445 of this Code.

16  "Home state" means home state as the term is defined in

17 subsection (1) of Section 445 of this Code.

18  "Industrial insured" means an insured:

19  (i) that procures the insurance of any risk or risks

20  of the kinds specified in Classes 2 and 3 of Section 4 of

21  this Code by use of the services of a full-time employee

22  who is a qualified risk manager or the services of a

23  regularly and continuously retained consultant who is a
    HB3800 Enrolled           -2-  LRB104 09780 BAB 19846 b

1   qualified risk manager;

2         (ii) that procures the insurance directly from an

3   unauthorized insurer without the services of an

4   intermediary insurance producer; and

5         (iii) that is an exempt commercial purchaser whose

6   home state is Illinois.

7   "Insurance producer" means insurance producer as the term

8 is defined in Section 500-10 of this Code.

9   "Qualified risk manager" means qualified risk manager as

10 the term is defined in subsection (1) of Section 445 of this

11 Code.

12  "Safety-Net Hospital" means an Illinois hospital that

13 qualifies as a Safety-Net Hospital under Section 5-5e.1 of the

14 Illinois Public Aid Code.

15  "Unauthorized insurer" means unauthorized insurer as the

16 term is defined in subsection (1) of Section 445 of this Code.

17  (b) For contracts of insurance procured directly from an

18 unauthorized insurer effective January 1, 2015 or later,

19 within 90 days after the effective date of each contract of

20 insurance issued under this Section, the insured shall file a

21 report with the Director by submitting the report to the

22 Surplus Line Association of Illinois in writing or in a

23 computer readable format and provide information as designated

24 by the Surplus Line Association of Illinois. The information

25 in the report shall be substantially similar to that required

26 for surplus line submissions as described in subsection (5) of
   HB3800 Enrolled  -3-  LRB104 09780 BAB 19846 b

1 Section 445 of this Code. Where applicable, the report shall

2 satisfy, with respect to the subject insurance, the reporting

3 requirement of Section 12 of the Fire Investigation Act.

4  (c) For contracts of insurance procured directly from an

5 unauthorized insurer effective January 1, 2015 through

6 December 31, 2017, within 30 days after filing the report, the

7 insured shall pay to the Director for the use and benefit of

8 the State a sum equal to the gross premium of the contract of

9 insurance multiplied by the surplus line tax rate, as

10 described in paragraph (3) of subsection (a) of Section 445 of

11 this Code, and shall pay the fire marshal tax that would

12 otherwise be due annually in March for insurance subject to

13 tax under Section 12 of the Fire Investigation Act. For

14 contracts of insurance procured directly from an unauthorized

15 insurer effective January 1, 2018 or later, within 30 days

16 after filing the report, the insured shall pay to the Director

17 for the use and benefit of the State a sum equal to 0.5% of the

18 gross premium of the contract of insurance, and shall pay the

19 fire marshal tax that would otherwise be due annually in March

20 for insurance subject to tax under Section 12 of the Fire

21 Investigation Act. For contracts of insurance procured

22 directly from an unauthorized insurer effective January 1,

23 2015 or later, within 30 days after filing the report, the

24 insured shall pay to the Surplus Line Association of Illinois

25 a countersigning fee that shall be assessed at the same rate

26 charged to members pursuant to subsection (4) of Section 445.1
    HB3800 Enrolled  -4-            LRB104 09780 BAB 19846 b

1 of this Code.

2   (d) For contracts of insurance procured directly from an

3 unauthorized insurer effective January 1, 2015 or later, the

4 insured shall withhold the amount of the taxes and

5 countersignature fee from the amount of premium charged by and

6 otherwise payable to the insurer for the insurance. If the

7 insured fails to withhold the tax and countersignature fee

8 from the premium, then the insured shall be liable for the

9 amounts thereof and shall pay the amounts as prescribed in

10 subsection (c) of this Section.

11  (e) Contracts of insurance with an industrial insured that

12 qualifies as a Safety-Net Hospital are not subject to

13 subsections (b) through (d) of this Section.

14 (Source: P.A. 100-535, eff. 9-22-17; 100-1118, eff. 11-27-18.)

15  (215 ILCS 5/155.04) (from Ch. 73, par. 767.4)

16  Sec. 155.04. Standards for companies and officials.

17  (1) The Director shall not approve any declaration of

18 organization or Articles of Incorporation or issue a

19 Certificate of Authority to any company until he has found

20 that:

21        (a) the company has submitted a sound plan of

22  operation;, and

23        (b) the general character and experience of the

24  incorporators, directors, and proposed officers is such as

25  to assure reasonable promise of a successful operation,
    HB3800 Enrolled  -5-  LRB104 09780 BAB 19846 b

1   based on the fact that such persons are of known good

2   character and that there is no good reason to believe that

3   they are affiliated, directly or indirectly, through

4   ownership, control, management, reinsurance transactions

5   or other insurance of business relations with any person

6   or persons known to have been involved in the improper

7   manipulation of assets, accounts or reinsurance;.

8   (c) the general experience of the incorporators,

9   directors, and proposed officers is enough to ensure the

10  reasonable promise of a successful operation; and

11  (d) no financial concerns related to the company, its

12  ownership, its associated group, or its affiliates have

13  been identified that raise the possibility that the

14  company will have solvency concerns or problems generating

15  the necessary levels of capital and surplus.

16  The Director may require, in substantially the same form,

17 the information required under Section 131.5 of this Code.

18  (2) All companies licensed to do business in this state

19 must notify the Director within 30 days of the appointment or

20 election of any new officers or directors.

21  (3) Except in cases where the Director deems that any

22 officer or director meets the standards set forth in this

23 section, he shall, after notice and hearing afforded to the

24 officer or director, and after a finding that the officer or

25 director is incompetent or untrustworthy or of known bad

26 character, order the removal of the person. If a company does
    HB3800 Enrolled  -6-               LRB104 09780 BAB 19846 b

1 not comply with a removal order within 30 days, the Director

2 shall suspend that company's Certificate of Authority until

3 such time as the order is complied with.

4   (4) It shall be unlawful for a company to borrow money or

5 receive a loan or advance from anyone convicted of a felony,

6 anyone who is untrustworthy or of known bad character or

7 anyone convicted of a criminal offense involving the

8 conversion or misappropriation of fiduciary funds or insurance

9 accounts, theft, deceit, fraud, misrepresentation or

10 corruption.

11 (Source: P.A. 89-97, eff. 7-7-95.)

12  (215 ILCS 5/174) (from Ch. 73, par. 786)

13  Sec. 174. Kinds of agreements requiring approval.

14  (1) The following kinds of reinsurance agreements shall

15 not be entered into by any domestic company unless such

16 agreements are approved in writing by the Director:

17  (a) Agreements of reinsurance of any such company

18  transacting the kind or kinds of business enumerated in

19  Class 1 of Section 4, or as a Fraternal Benefit Society

20  under Article XVII, a Mutual Benefit Association under

21  Article XVIII, a Burial Society under Article XIX or an

22  Assessment Accident and Assessment Accident and Health

23  Company under Article XXI, cedes previously issued and

24  outstanding risks to any company, or cedes any risks to a

25  company not authorized to transact business in this State,
    HB3800 Enrolled        -7-           LRB104 09780 BAB 19846 b

1   or assumes any outstanding risks on which the aggregate

2   reserves and claim liabilities exceed 20% 20 percent of

3   the aggregate reserves and claim liabilities of the

4   assuming company, as reported in the preceding annual

5   statement, for the business of either life or accident and

6   health insurance.

7   (b) Any agreement or agreements of reinsurance whereby

8   any company transacting the kind or kinds of business

9   enumerated in either Class 2 or Class 3 of Section 4 cedes

10  to any company or companies at one time, or during a period

11  of six consecutive months more than 20% twenty per centum

12  of the total amount of its net previously retained

13  unearned premium reserve liability. The Director has the

14  right to request additional filing review and approval of

15  all contracts that contribute to the statutory threshold

16  trigger. As used in this Section, "net unearned premium

17  reserve liability" means a liability associated with

18  existing or in-force business that is not ceded to any

19  reinsurer before the effective date of the proposed

20  reinsurance contract.

21  (c) (Blank).

22  (2) Requests for approval shall be filed at least 30

23 working days prior to the stated effective date of the

24 agreement. An agreement which is not disapproved by the

25 Director within 30 working thirty days after its complete

26 submission shall be deemed approved.
    HB3800 Enrolled             -8-    LRB104 09780 BAB 19846 b

1 (Source: P.A. 98-969, eff. 1-1-15.)

2   (215 ILCS 5/194) (from Ch. 73, par. 806)

3   Sec. 194. Rights and liabilities of creditors fixed upon

4 liquidation.

5   (a) The rights and liabilities of the company and of its

6 creditors, policyholders, stockholders or members and all

7 other persons interested in its assets, except persons

8 entitled to file contingent claims, shall be fixed as of the

9 date of the entry of the Order directing liquidation or

10 rehabilitation unless otherwise provided by Order of the

11 Court. The rights of claimants entitled to file contingent

12 claims or to have their claims estimated shall be determined

13 as provided in Section 209.

14  (b) The Director may, within 2 years after the entry of an

15 order for rehabilitation or liquidation or within such further

16 time as applicable law permits, institute an action, claim,

17 suit, or proceeding upon any cause of action against which the

18 period of limitation fixed by applicable law has not expired

19 at the time of filing of the complaint upon which the order is

20 entered.

21  (c) The time between the filing of a complaint for

22 conservation, rehabilitation, or liquidation against the

23 company and the denial of the complaint shall not be

24 considered to be a part of the time within which any action may

25 be commenced against the company. Any action against the
   HB3800 Enrolled      -9-  LRB104 09780 BAB 19846 b

1 company that might have been commenced when the complaint was

2 filed may be commenced for at least 180 days after the

3 complaint is denied.

4  (d) Notwithstanding subsection (a) of this Section,

5 policies of life, disability income, long-term care, health

6 insurance or annuities covered by a guaranty association, or

7 portions of such policies covered by one or more guaranty

8 associations under applicable law shall continue in force,

9 subject to the terms of the policy (including any terms

10 restructured pursuant to a court-approved rehabilitation plan)

11 to the extent necessary to permit the guaranty associations to

12 discharge their statutory obligations. Policies of life,

13 disability income, long-term care, health insurance or

14 annuities, or portions of such policies not covered by one or

15 more guaranty associations shall terminate as provided under

16 subsection (a) of this Section and paragraph (6) of Section

17 193 of this Article, except to the extent the Director

18 proposes and the court approves the use of property of the

19 liquidation estate for the purpose of either (1) continuing

20 the contracts or coverage by transferring them to an assuming

21 reinsurer, or (2) distributing dividends under Section 210 of

22 this Article. Claims incurred during the extension of coverage

23 provided for in this Article shall be classified at priority

24 level (d) under paragraph (1) of Section 205 of this Article.

25 (Source: P.A. 88-297; 89-206, eff. 7-21-95.)
    HB3800 Enrolled          - 10 - LRB104 09780 BAB 19846 b

1   (215 ILCS 5/356z.73)

2   Sec. 356z.73 356z.71. Insurance coverage for dependent

3 parents.

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

5 insurance issued, amended, delivered, or renewed on or after

6 January 1, 2026 that provides dependent coverage shall make

7 that dependent coverage available to the parent or stepparent

8 of the insured if the parent or stepparent meets the

9 definition of a qualifying relative under 26 U.S.C. 152(d) and

10 lives or resides within the accident and health insurance

11 policy's service area.

12  (b) This Section does not apply to specialized health care

13 service plans, Medicare supplement insurance, hospital-only

14 policies, accident-only policies, or specified disease

15 insurance policies that reimburse for hospital, medical, or

16 surgical expenses.

17 (Source: P.A. 103-700, eff. 1-1-25; revised 12-3-24.)

18  (215 ILCS 5/368d)

19  Sec. 368d. Recoupments.

20  (a) A health care professional or health care provider

21 shall be provided a remittance advice, which must include an

22 explanation of a recoupment or offset taken by an insurer,

23 health maintenance organization, independent practice

24 association, or physician hospital organization, if any. The

25 recoupment explanation shall, at a minimum, include the name
    HB3800 Enrolled    - 11 - LRB104 09780 BAB 19846 b

1 of the patient; the date of service; the service code or if no

2 service code is available a service description; the

3 recoupment amount; and the reason for the recoupment or

4 offset. In addition, an insurer, health maintenance

5 organization, independent practice association, or physician

6 hospital organization shall provide with the remittance

7 advice, or with any demand for recoupment or offset, a

8 telephone number or mailing address to initiate an appeal of

9 the recoupment or offset together with the deadline for

10 initiating an appeal. Such information shall be prominently

11 displayed on the remittance advice or written document

12 containing the demand for recoupment or offset. Any appeal of

13 a recoupment or offset by a health care professional or health

14 care provider must be made within 60 days after receipt of the

15 remittance advice.

16  (b) It is not a recoupment when a health care professional

17 or health care provider is paid an amount prospectively or

18 concurrently under a contract with an insurer, health

19 maintenance organization, independent practice association, or

20 physician hospital organization that requires a retrospective

21 reconciliation based upon specific conditions outlined in the

22 contract.

23  (c) No recoupment or offset may be requested or withheld

24 from future payments 12 months or more after the original

25 payment is made, except in cases in which:

26  (1) a court, government administrative agency, other
    HB3800 Enrolled     - 12 - LRB104 09780 BAB 19846 b

1   tribunal, or independent third-party arbitrator makes or

2   has made a formal finding of fraud or material

3   misrepresentation;

4   (2) an insurer is acting as a plan administrator for

5   the Comprehensive Health Insurance Plan under the

6   Comprehensive Health Insurance Plan Act;

7   (3) the provider has already been paid in full by any

8   other payer, third party, or workers' compensation

9   insurer; or

10  (4) an insurer contracted with the Department of

11  Healthcare and Family Services is required by the

12  Department of Healthcare and Family Services to recoup or

13  offset payments due to a federal Medicaid requirement; or.

14  (5) the insurer has requested the recoupment or offset

15  within 12 months, but the insurer and the health care

16  professional or health care provider mutually agree to a

17  different time limit for the recoupment or offset to be

18  withheld from future payments.

19 No contract between an insurer and a health care professional

20 or health care provider may provide for recoupments in

21 violation of this Section. Nothing in this Section shall be

22 construed to preclude insurers, health maintenance

23 organizations, independent practice associations, or physician

24 hospital organizations from resolving coordination of benefits

25 between or among each other, including, but not limited to,

26 resolution of workers' compensation and third-party liability
    HB3800 Enrolled          - 13 - LRB104 09780 BAB 19846 b

1 cases, without recouping payment from the provider beyond the
2 12-month 18-month time limit provided in this subsection (c).
3 (Source: P.A. 102-632, eff. 1-1-22.)

4   (215 ILCS 5/370c.1)

5   Sec. 370c.1. Mental, emotional, nervous, or substance use

6 disorder or condition parity.

7   (a) On and after July 23, 2021 (the effective date of

8 Public Act 102-135), every insurer that amends, delivers,

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

10 health insurance or a qualified health plan offered through

11 the Health Insurance Marketplace in this State providing

12 coverage for hospital or medical treatment and for the

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

14 disorders or conditions shall ensure prior to policy issuance

15 that:

16        (1) the financial requirements applicable to such

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

18  condition benefits are no more restrictive than the

19  predominant financial requirements applied to

20  substantially all hospital and medical benefits covered by

21  the policy and that there are no separate cost-sharing

22  requirements that are applicable only with respect to

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

24  condition benefits; and

25        (2) the treatment limitations applicable to such
    HB3800 Enrolled           - 14 - LRB104 09780 BAB 19846 b

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

2   condition benefits are no more restrictive than the

3   predominant treatment limitations applied to substantially

4   all hospital and medical benefits covered by the policy

5   and that there are no separate treatment limitations that

6   are applicable only with respect to mental, emotional,

7   nervous, or substance use disorder or condition benefits.

8   (b) The following provisions shall apply concerning

9 aggregate lifetime limits:

10  (1) In the case of a group or individual policy of

11  accident and health insurance or a qualified health plan

12  offered through the Health Insurance Marketplace amended,

13  delivered, issued, or renewed in this State on or after

14  September 9, 2015 (the effective date of Public Act

15  99-480) that provides coverage for hospital or medical

16  treatment and for the treatment of mental, emotional,

17  nervous, or substance use disorders or conditions the

18  following provisions shall apply:

19  (A) if the policy does not include an aggregate

20  lifetime limit on substantially all hospital and

21  medical benefits, then the policy may not impose any

22  aggregate lifetime limit on mental, emotional,

23  nervous, or substance use disorder or condition

24  benefits; or

25  (B) if the policy includes an aggregate lifetime

26  limit on substantially all hospital and medical
    HB3800 Enrolled  - 15 - LRB104 09780 BAB 19846 b

1   benefits (in this subsection referred to as the

2   "applicable lifetime limit"), then the policy shall

3   either:

4                    (i) apply the applicable lifetime limit both

5   to the hospital and medical benefits to which it

6   otherwise would apply and to mental, emotional,

7   nervous, or substance use disorder or condition

8   benefits and not distinguish in the application of

9   the limit between the hospital and medical

10  benefits and mental, emotional, nervous, or

11  substance use disorder or condition benefits; or

12                   (ii) not include any aggregate lifetime limit

13  on mental, emotional, nervous, or substance use

14  disorder or condition benefits that is less than

15  the applicable lifetime limit.

16  (2) In the case of a policy that is not described in

17  paragraph (1) of subsection (b) of this Section and that

18  includes no or different aggregate lifetime limits on

19  different categories of hospital and medical benefits, the

20  Director shall establish rules under which subparagraph

21  (B) of paragraph (1) of subsection (b) of this Section is

22  applied to such policy with respect to mental, emotional,

23  nervous, or substance use disorder or condition benefits

24  by substituting for the applicable lifetime limit an

25  average aggregate lifetime limit that is computed taking

26  into account the weighted average of the aggregate
    HB3800 Enrolled  - 16 - LRB104 09780 BAB 19846 b

1   lifetime limits applicable to such categories.

2   (c) The following provisions shall apply concerning annual

3 limits:

4          (1) In the case of a group or individual policy of

5   accident and health insurance or a qualified health plan

6   offered through the Health Insurance Marketplace amended,

7   delivered, issued, or renewed in this State on or after

8   September 9, 2015 (the effective date of Public Act

9   99-480) that provides coverage for hospital or medical

10  treatment and for the treatment of mental, emotional,

11  nervous, or substance use disorders or conditions the

12  following provisions shall apply:

13         (A) if the policy does not include an annual limit

14         on substantially all hospital and medical benefits,

15         then the policy may not impose any annual limits on

16         mental, emotional, nervous, or substance use disorder

17         or condition benefits; or

18         (B) if the policy includes an annual limit on

19         substantially all hospital and medical benefits (in

20         this subsection referred to as the "applicable annual

21         limit"), then the policy shall either:

22                   (i) apply the applicable annual limit both to

23         the hospital and medical benefits to which it

24         otherwise would apply and to mental, emotional,

25         nervous, or substance use disorder or condition

26         benefits and not distinguish in the application of
    HB3800 Enrolled  - 17 - LRB104 09780 BAB 19846 b

1   the limit between the hospital and medical

2   benefits and mental, emotional, nervous, or

3   substance use disorder or condition benefits; or

4                    (ii) not include any annual limit on mental,

5   emotional, nervous, or substance use disorder or

6   condition benefits that is less than the

7   applicable annual limit.

8   (2) In the case of a policy that is not described in

9   paragraph (1) of subsection (c) of this Section and that

10  includes no or different annual limits on different

11  categories of hospital and medical benefits, the Director

12  shall establish rules under which subparagraph (B) of

13  paragraph (1) of subsection (c) of this Section is applied

14  to such policy with respect to mental, emotional, nervous,

15  or substance use disorder or condition benefits by

16  substituting for the applicable annual limit an average

17  annual limit that is computed taking into account the

18  weighted average of the annual limits applicable to such

19  categories.

20  (d) With respect to mental, emotional, nervous, or

21 substance use disorders or conditions, an insurer shall use

22 policies and procedures for the election and placement of

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

24 condition treatment drugs on their formulary that are no less

25 favorable to the insured as those policies and procedures the

26 insurer uses for the selection and placement of drugs for
    HB3800 Enrolled          - 18 - LRB104 09780 BAB 19846 b

1 medical or surgical conditions and shall follow the expedited

2 coverage determination requirements for substance abuse

3 treatment drugs set forth in Section 45.2 of the Managed Care

4 Reform and Patient Rights Act.

5   (e) This Section shall be interpreted in a manner

6 consistent with all applicable federal parity regulations

7 including, but not limited to, the Paul Wellstone and Pete

8 Domenici Mental Health Parity and Addiction Equity Act of

9 2008, final regulations issued under the Paul Wellstone and

10 Pete Domenici Mental Health Parity and Addiction Equity Act of

11 2008 and final regulations applying the Paul Wellstone and

12 Pete Domenici Mental Health Parity and Addiction Equity Act of

13 2008 to Medicaid managed care organizations, the Children's

14 Health Insurance Program, and alternative benefit plans.

15  (f) The provisions of subsections (b) and (c) of this

16 Section shall not be interpreted to allow the use of lifetime

17 or annual limits otherwise prohibited by State or federal law.

18  (g) As used in this Section:

19  "Financial requirement" includes deductibles, copayments,

20 coinsurance, and out-of-pocket maximums, but does not include

21 an aggregate lifetime limit or an annual limit subject to

22 subsections (b) and (c).

23  "Mental, emotional, nervous, or substance use disorder or

24 condition" means a condition or disorder that involves a

25 mental health condition or substance use disorder that falls

26 under any of the diagnostic categories listed in the mental
    HB3800 Enrolled            - 19 - LRB104 09780 BAB 19846 b

1 and behavioral disorders chapter of the current edition of the

2 International Classification of Disease or that is listed in

3 the most recent version of the Diagnostic and Statistical

4 Manual of Mental Disorders.

5   "Treatment limitation" includes limits on benefits based

6 on the frequency of treatment, number of visits, days of

7 coverage, days in a waiting period, or other similar limits on

8 the scope or duration of treatment. "Treatment limitation"

9 includes both quantitative treatment limitations, which are

10 expressed numerically (such as 50 outpatient visits per year),

11 and nonquantitative treatment limitations, which otherwise

12 limit the scope or duration of treatment. A permanent

13 exclusion of all benefits for a particular condition or

14 disorder shall not be considered a treatment limitation.

15 "Nonquantitative treatment" means those limitations as

16 described under federal regulations (26 CFR 54.9812-1).

17 "Nonquantitative treatment limitations" include, but are not

18 limited to, those limitations described under federal

19 regulations 26 CFR 54.9812-1, 29 CFR 2590.712, and 45 CFR

20 146.136.

21  (h) The Department of Insurance shall implement the

22 following education initiatives:

23  (1) By January 1, 2016, the Department shall develop a

24  plan for a Consumer Education Campaign on parity. The

25  Consumer Education Campaign shall focus its efforts

26  throughout the State and include trainings in the
    HB3800 Enrolled  - 20 - LRB104 09780 BAB 19846 b

1   northern, southern, and central regions of the State, as

2   defined by the Department, as well as each of the 5 managed

3   care regions of the State as identified by the Department

4   of Healthcare and Family Services. Under this Consumer

5   Education Campaign, the Department shall: (1) by January

6   1, 2017, provide at least one live training in each region

7   on parity for consumers and providers and one webinar

8   training to be posted on the Department website and (2)

9   establish a consumer hotline to assist consumers in

10  navigating the parity process by March 1, 2017. By January

11  1, 2018 the Department shall issue a report to the General

12  Assembly on the success of the Consumer Education

13  Campaign, which shall indicate whether additional training

14  is necessary or would be recommended.

15  (2) (Blank). The Department, in coordination with the

16  Department of Human Services and the Department of

17  Healthcare and Family Services, shall convene a working

18  group of health care insurance carriers, mental health

19  advocacy groups, substance abuse patient advocacy groups,

20  and mental health physician groups for the purpose of

21  discussing issues related to the treatment and coverage of

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

23  conditions and compliance with parity obligations under

24  State and federal law. Compliance shall be measured,

25  tracked, and shared during the meetings of the working

26  group. The working group shall meet once before January 1,
    HB3800 Enrolled      - 21 - LRB104 09780 BAB 19846 b

1   2016 and shall meet semiannually thereafter. The

2   Department shall issue an annual report to the General

3   Assembly that includes a list of the health care insurance

4   carriers, mental health advocacy groups, substance abuse

5   patient advocacy groups, and mental health physician

6   groups that participated in the working group meetings,

7   details on the issues and topics covered, and any

8   legislative recommendations developed by the working

9   group.

10  (3) Not later than January 1 of each year, the

11  Department, in conjunction with the Department of

12  Healthcare and Family Services, shall issue a joint report

13  to the General Assembly and provide an educational

14  presentation to the General Assembly. The report and

15  presentation shall:

16          (A) Cover the methodology the Departments use to

17  check for compliance with the federal Paul Wellstone

18  and Pete Domenici Mental Health Parity and Addiction

19  Equity Act of 2008, 42 U.S.C. 18031(j), and any

20  federal regulations or guidance relating to the

21  compliance and oversight of the federal Paul Wellstone

22  and Pete Domenici Mental Health Parity and Addiction

23  Equity Act of 2008 and 42 U.S.C. 18031(j).

24          (B) Cover the methodology the Departments use to

25  check for compliance with this Section and Sections

26  356z.23 and 370c of this Code.
    HB3800 Enrolled       - 22 - LRB104 09780 BAB 19846 b

1   (C) Identify market conduct examinations or, in

2   the case of the Department of Healthcare and Family

3   Services, audits conducted or completed during the

4   preceding 12-month period regarding compliance with

5   parity in mental, emotional, nervous, and substance

6   use disorder or condition benefits under State and

7   federal laws and summarize the results of such market

8   conduct examinations and audits. This shall include:

9                    (i) the number of market conduct examinations

10  and audits initiated and completed;

11                   (ii) the benefit classifications examined by

12  each market conduct examination and audit;

13                   (iii) the subject matter of each market

14  conduct examination and audit, including

15  quantitative and nonquantitative treatment

16  limitations; and

17                   (iv) a summary of the basis for the final

18  decision rendered in each market conduct

19  examination and audit.

20  Individually identifiable information shall be

21  excluded from the reports consistent with federal

22  privacy protections.

23  (D) Detail any educational or corrective actions

24  the Departments have taken to ensure compliance with

25  the federal Paul Wellstone and Pete Domenici Mental

26  Health Parity and Addiction Equity Act of 2008, 42
    HB3800 Enrolled        - 23 - LRB104 09780 BAB 19846 b

1        U.S.C. 18031(j), this Section, and Sections 356z.23

2        and 370c of this Code.

3        (E) The report must be written in non-technical,

4        readily understandable language and shall be made

5        available to the public by, among such other means as

6        the Departments find appropriate, posting the report

7        on the Departments' websites.

8   (i) The Parity Advancement Fund is created as a special

9 fund in the State treasury. Moneys from fines and penalties

10 collected from insurers for violations of this Section shall

11 be deposited into the Fund. Moneys deposited into the Fund for

12 appropriation by the General Assembly to the Department shall

13 be used for the purpose of providing financial support of the

14 Consumer Education Campaign, parity compliance advocacy, and

15 other initiatives that support parity implementation and

16 enforcement on behalf of consumers.

17  (j) (Blank).

18  (j-5) The Department of Insurance shall collect the

19 following information:

20       (1) The number of employment disability insurance

21  plans offered in this State, including, but not limited

22  to:

23       (A) individual short-term policies;

24       (B) individual long-term policies;

25       (C) group short-term policies; and

26       (D) group long-term policies.
    HB3800 Enrolled         - 24 - LRB104 09780 BAB 19846 b

1   (2) The number of policies referenced in paragraph (1)

2   of this subsection that limit mental health and substance

3   use disorder benefits.

4   (3) The average defined benefit period for the

5   policies referenced in paragraph (1) of this subsection,

6   both for those policies that limit and those policies that

7   have no limitation on mental health and substance use

8   disorder benefits.

9   (4) Whether the policies referenced in paragraph (1)

10  of this subsection are purchased on a voluntary or

11  non-voluntary basis.

12  (5) The identities of the individuals, entities, or a

13  combination of the 2 that assume the cost associated with

14  covering the policies referenced in paragraph (1) of this

15  subsection.

16  (6) The average defined benefit period for plans that

17  cover physical disability and mental health and substance

18  abuse without limitation, including, but not limited to:

19  (A) individual short-term policies;

20  (B) individual long-term policies;

21  (C) group short-term policies; and

22  (D) group long-term policies.

23  (7) The average premiums for disability income

24  insurance issued in this State for:

25  (A) individual short-term policies that limit

26  mental health and substance use disorder benefits;
    HB3800 Enrolled      - 25 - LRB104 09780 BAB 19846 b

1   (B) individual long-term policies that limit

2   mental health and substance use disorder benefits;

3   (C) group short-term policies that limit mental

4   health and substance use disorder benefits;

5   (D) group long-term policies that limit mental

6   health and substance use disorder benefits;

7   (E) individual short-term policies that include

8   mental health and substance use disorder benefits

9   without limitation;

10  (F) individual long-term policies that include

11  mental health and substance use disorder benefits

12  without limitation;

13  (G) group short-term policies that include mental

14  health and substance use disorder benefits without

15  limitation; and

16  (H) group long-term policies that include mental

17  health and substance use disorder benefits without

18  limitation.

19  The Department shall present its findings regarding

20 information collected under this subsection (j-5) to the

21 General Assembly no later than April 30, 2024. Information

22 regarding a specific insurance provider's contributions to the

23 Department's report shall be exempt from disclosure under

24 paragraph (t) of subsection (1) of Section 7 of the Freedom of

25 Information Act. The aggregated information gathered by the

26 Department shall not be exempt from disclosure under paragraph
    HB3800 Enrolled    - 26 - LRB104 09780 BAB 19846 b

1 (t) of subsection (1) of Section 7 of the Freedom of

2 Information Act.

3   (k) An insurer that amends, delivers, issues, or renews a

4 group or individual policy of accident and health insurance or

5 a qualified health plan offered through the health insurance

6 marketplace in this State providing coverage for hospital or

7 medical treatment and for the treatment of mental, emotional,

8 nervous, or substance use disorders or conditions shall submit

9 an annual report, the format and definitions for which will be

10 determined by the Department and the Department of Healthcare

11 and Family Services and posted on their respective websites,

12 starting on September 1, 2023 and annually thereafter, that

13 contains the following information separately for inpatient

14 in-network benefits, inpatient out-of-network benefits,

15 outpatient in-network benefits, outpatient out-of-network

16 benefits, emergency care benefits, and prescription drug

17 benefits in the case of accident and health insurance or

18 qualified health plans, or inpatient, outpatient, emergency

19 care, and prescription drug benefits in the case of medical

20 assistance:

21  (1) A summary of the plan's pharmacy management

22  processes for mental, emotional, nervous, or substance use

23  disorder or condition benefits compared to those for other

24  medical benefits.

25  (2) A summary of the internal processes of review for

26  experimental benefits and unproven technology for mental,
    HB3800 Enrolled  - 27 - LRB104 09780 BAB 19846 b

1   emotional, nervous, or substance use disorder or condition

2   benefits and those for other medical benefits.

3   (3) A summary of how the plan's policies and

4   procedures for utilization management for mental,

5   emotional, nervous, or substance use disorder or condition

6   benefits compare to those for other medical benefits.

7   (4) A description of the process used to develop or

8   select the medical necessity criteria for mental,

9   emotional, nervous, or substance use disorder or condition

10  benefits and the process used to develop or select the

11  medical necessity criteria for medical and surgical

12  benefits.

13  (5) Identification of all nonquantitative treatment

14  limitations that are applied to both mental, emotional,

15  nervous, or substance use disorder or condition benefits

16  and medical and surgical benefits within each

17  classification of benefits.

18  (6) The results of an analysis that demonstrates that

19  for the medical necessity criteria described in

20  subparagraph (A) and for each nonquantitative treatment

21  limitation identified in subparagraph (B), as written and

22  in operation, the processes, strategies, evidentiary

23  standards, or other factors used in applying the medical

24  necessity criteria and each nonquantitative treatment

25  limitation to mental, emotional, nervous, or substance use

26  disorder or condition benefits within each classification
    HB3800 Enrolled     - 28 - LRB104 09780 BAB 19846 b

1   of benefits are comparable to, and are applied no more

2   stringently than, the processes, strategies, evidentiary

3   standards, or other factors used in applying the medical

4   necessity criteria and each nonquantitative treatment

5   limitation to medical and surgical benefits within the

6   corresponding classification of benefits; at a minimum,

7   the results of the analysis shall:

8   (A) identify the factors used to determine that a

9   nonquantitative treatment limitation applies to a

10  benefit, including factors that were considered but

11  rejected;

12  (B) identify and define the specific evidentiary

13  standards used to define the factors and any other

14  evidence relied upon in designing each nonquantitative

15  treatment limitation;

16  (C) provide the comparative analyses, including

17  the results of the analyses, performed to determine

18  that the processes and strategies used to design each

19  nonquantitative treatment limitation, as written, for

20  mental, emotional, nervous, or substance use disorder

21  or condition benefits are comparable to, and are

22  applied no more stringently than, the processes and

23  strategies used to design each nonquantitative

24  treatment limitation, as written, for medical and

25  surgical benefits;

26  (D) provide the comparative analyses, including
    HB3800 Enrolled  - 29 - LRB104 09780 BAB 19846 b

1   the results of the analyses, performed to determine

2   that the processes and strategies used to apply each

3   nonquantitative treatment limitation, in operation,

4   for mental, emotional, nervous, or substance use

5   disorder or condition benefits are comparable to, and

6   applied no more stringently than, the processes or

7   strategies used to apply each nonquantitative

8   treatment limitation, in operation, for medical and

9   surgical benefits; and

10  (E) disclose the specific findings and conclusions

11  reached by the insurer that the results of the

12  analyses described in subparagraphs (C) and (D)

13  indicate that the insurer is in compliance with this

14  Section and the Mental Health Parity and Addiction

15  Equity Act of 2008 and its implementing regulations,

16  which includes 42 CFR Parts 438, 440, and 457 and 45

17  CFR 146.136 and any other related federal regulations

18  found in the Code of Federal Regulations.

19  (7) Any other information necessary to clarify data

20  provided in accordance with this Section requested by the

21  Director, including information that may be proprietary or

22  have commercial value, under the requirements of Section

23  30 of the Viatical Settlements Act of 2009.

24  (l) An insurer that amends, delivers, issues, or renews a

25 group or individual policy of accident and health insurance or

26 a qualified health plan offered through the health insurance
    HB3800 Enrolled  - 30 - LRB104 09780 BAB 19846 b

1 marketplace in this State providing coverage for hospital or

2 medical treatment and for the treatment of mental, emotional,

3 nervous, or substance use disorders or conditions on or after

4 January 1, 2019 (the effective date of Public Act 100-1024)

5 shall, in advance of the plan year, make available to the

6 Department or, with respect to medical assistance, the

7 Department of Healthcare and Family Services and to all plan

8 participants and beneficiaries the information required in

9 subparagraphs (C) through (E) of paragraph (6) of subsection

10 (k). For plan participants and medical assistance

11 beneficiaries, the information required in subparagraphs (C)

12 through (E) of paragraph (6) of subsection (k) shall be made

13 available on a publicly available website whose web address is

14 prominently displayed in plan and managed care organization

15 informational and marketing materials.

16  (m) In conjunction with its compliance examination program

17 conducted in accordance with the Illinois State Auditing Act,

18 the Auditor General shall undertake a review of compliance by

19 the Department and the Department of Healthcare and Family

20 Services with Section 370c and this Section. Any findings

21 resulting from the review conducted under this Section shall

22 be included in the applicable State agency's compliance

23 examination report. Each compliance examination report shall

24 be issued in accordance with Section 3-14 of the Illinois

25 State Auditing Act. A copy of each report shall also be

26 delivered to the head of the applicable State agency and
    HB3800 Enrolled    - 31 - LRB104 09780 BAB 19846 b

1 posted on the Auditor General's website.
2 (Source: P.A. 102-135, eff. 7-23-21; 102-579, eff. 8-25-21;
3 102-813, eff. 5-13-22; 103-94, eff. 1-1-24; 103-105, eff.
4 6-27-23; 103-605, eff. 7-1-24.)

5   (215 ILCS 5/1563)

6   Sec. 1563. Fees. The fees required by this Article are as

7 follows:

8   (1) Public adjuster license fee of $250 for a person

9   who is a resident of Illinois and $500 for a person who is

10  not a resident of Illinois, payable once every 2 years.

11  (2) Business entity license fee of $250, payable once

12  every 2 years.

13  (3) Application fee of $50 for processing each request

14  to take the written examination for a public adjuster

15  license.

16 (Source: P.A. 100-863, eff. 8-14-18.)

17  Section 10. The Dental Care Patient Protection Act is

18 amended by changing Section 75 as follows:

19  (215 ILCS 109/75)

20  Sec. 75. Application of other law.

21  (a) All provisions of this Act and other applicable law

22 that are not in conflict with this Act shall apply to managed

23 care dental plans and other persons subject to this Act. To the
    HB3800 Enrolled   - 32 - LRB104 09780 BAB 19846 b

1 extent that any provision of this Act or rule under this Act

2 would prevent the application of any standard or requirement

3 under the Network Adequacy and Transparency Act to a plan that

4 is subject to both statutes, the Network Adequacy and

5 Transparency Act shall supersede this Act.

6   (b) Solicitation of enrollees by a managed care entity

7 granted a certificate of authority or its representatives

8 shall not be construed to violate any provision of law

9 relating to solicitation or advertising by health

10 professionals.

11 (Source: P.A. 91-355, eff. 1-1-00.)

12  Section 15. The Network Adequacy and Transparency Act is

13 amended by changing Sections 3, 5, 10, and 25 as follows:

14  (215 ILCS 124/3)

15  Sec. 3. Applicability of Act. This Act applies to an

16 individual or group policy of health insurance coverage with a

17 network plan amended, delivered, issued, or renewed in this

18 State on or after January 1, 2019. This Act does not apply to

19 an individual or group policy for excepted benefits or

20 short-term, limited-duration health insurance coverage with a

21 network plan. This Act does not apply to stand-alone dental

22 plans. If federal law establishes network adequacy and

23 transparency standards for stand-alone dental plans, the

24 Department shall enforce those applicable federal requirements
    HB3800 Enrolled             - 33 - LRB104 09780 BAB 19846 b

1 , except to the extent that federal law establishes network
2 adequacy and transparency standards for stand-alone dental
3 plans, which the Department shall enforce for plans amended,
4 delivered, issued, or renewed on or after January 1, 2025.
5 (Source: P.A. 103-650, eff. 1-1-25; 103-777, eff. 1-1-25;
6 revised 11-26-24.)

7   (215 ILCS 124/5)

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

9   Sec. 5. Definitions. In this Act:

10  "Authorized representative" means a person to whom a

11 beneficiary has given express written consent to represent the

12 beneficiary; a person authorized by law to provide substituted

13 consent for a beneficiary; or the beneficiary's treating

14 provider only when the beneficiary or his or her family member

15 is unable to provide consent.

16  "Beneficiary" means an individual, an enrollee, an

17 insured, a participant, or any other person entitled to

18 reimbursement for covered expenses of or the discounting of

19 provider fees for health care services under a program in

20 which the beneficiary has an incentive to utilize the services

21 of a provider that has entered into an agreement or

22 arrangement with an issuer.

23  "Department" means the Department of Insurance.

24  "Director" means the Director of Insurance.

25  "Essential community provider" has the meaning given
    HB3800 Enrolled         - 34 - LRB104 09780 BAB 19846 b

1 ascribed to that term in 45 CFR 156.235.

2   "Excepted benefits" has the meaning given ascribed to that

3 term in 42 U.S.C. 300gg-91(c) and implementing regulations.

4 "Excepted benefits" includes individual, group, or blanket

5 coverage.

6   "Exchange" has the meaning given ascribed to that term in

7 45 CFR 155.20.

8   "Director" means the Director of Insurance.

9   "Family caregiver" means a relative, partner, friend, or

10 neighbor who has a significant relationship with the patient

11 and administers or assists the patient with activities of

12 daily living, instrumental activities of daily living, or

13 other medical or nursing tasks for the quality and welfare of

14 that patient.

15  "Group health plan" has the meaning given ascribed to that

16 term in Section 5 of the Illinois Health Insurance Portability

17 and Accountability Act.

18  "Health insurance coverage" has the meaning given ascribed

19 to that term in Section 5 of the Illinois Health Insurance

20 Portability and Accountability Act. "Health insurance

21 coverage" does not include any coverage or benefits under

22 Medicare or under the medical assistance program established

23 under Article V of the Illinois Public Aid Code.

24  "Issuer" means a "health insurance issuer" as defined in

25 Section 5 of the Illinois Health Insurance Portability and

26 Accountability Act.
    HB3800 Enrolled  - 35 - LRB104 09780 BAB 19846 b

1   "Material change" means a significant reduction in the

2 number of providers available in a network plan, including,

3 but not limited to, a reduction of 10% or more in a specific

4 type of providers within any county, the removal of a major

5 health system that causes a network to be significantly

6 different within any county from the network when the

7 beneficiary purchased the network plan, or any change that

8 would cause the network to no longer satisfy the requirements

9 of this Act or the Department's rules for network adequacy and

10 transparency.

11  "Network" means the group or groups of preferred providers

12 providing services to a network plan.

13  "Network plan" means an individual or group policy of

14 health insurance coverage that either requires a covered

15 person to use or creates incentives, including financial

16 incentives, for a covered person to use providers managed,

17 owned, under contract with, or employed by the issuer or by a

18 third party contracted to arrange, contract for, or administer

19 such provider-related incentives for the issuer.

20  "Ongoing course of treatment" means (1) treatment for a

21 life-threatening condition, which is a disease or condition

22 for which likelihood of death is probable unless the course of

23 the disease or condition is interrupted; (2) treatment for a

24 serious acute condition, defined as a disease or condition

25 requiring complex ongoing care that the covered person is

26 currently receiving, such as chemotherapy, radiation therapy,
    HB3800 Enrolled         - 36 - LRB104 09780 BAB 19846 b

1 post-operative visits, or a serious and complex condition as

2 defined under 42 U.S.C. 300gg-113(b)(2); (3) a course of

3 treatment for a health condition that a treating provider

4 attests that discontinuing care by that provider would worsen

5 the condition or interfere with anticipated outcomes; (4) the

6 third trimester of pregnancy through the post-partum period;

7 (5) undergoing a course of institutional or inpatient care

8 from the provider within the meaning of 42 U.S.C.

9 300gg-113(b)(1)(B); (6) being scheduled to undergo nonelective

10 surgery from the provider, including receipt of preoperative

11 or postoperative care from such provider with respect to such

12 a surgery; (7) being determined to be terminally ill, as

13 determined under 42 U.S.C. 1395x(dd)(3)(A), and receiving

14 treatment for such illness from such provider; or (8) any

15 other treatment of a condition or disease that requires

16 repeated health care services pursuant to a plan of treatment

17 by a provider because of the potential for changes in the

18 therapeutic regimen or because of the potential for a

19 recurrence of symptoms.

20  "Preferred provider" means any provider who has entered,

21 either directly or indirectly, into an agreement with an

22 employer or risk-bearing entity relating to health care

23 services that may be rendered to beneficiaries under a network

24 plan.

25  "Providers" means physicians licensed to practice medicine

26 in all its branches, other health care professionals,
    HB3800 Enrolled  - 37 - LRB104 09780 BAB 19846 b

1 hospitals, or other health care institutions or facilities

2 that provide health care services.

3   "Short-term, limited-duration insurance" means any type of

4 accident and health insurance offered or provided within this

5 State pursuant to a group or individual policy or individual

6 certificate by a company, regardless of the situs state of the

7 delivery of the policy, that has an expiration date specified

8 in the contract that is fewer than 365 days after the original

9 effective date. Regardless of the duration of coverage,

10 "short-term, limited-duration insurance" does not include

11 excepted benefits or any student health insurance coverage.

12  "Stand-alone dental plan" has the meaning given ascribed

13 to that term in 45 CFR 156.400.

14  "Telehealth" has the meaning given to that term in Section

15 356z.22 of the Illinois Insurance Code.

16  "Telemedicine" has the meaning given to that term in

17 Section 49.5 of the Medical Practice Act of 1987.

18  "Tiered network" means a network that identifies and

19 groups some or all types of provider and facilities into

20 specific groups to which different provider reimbursement,

21 covered person cost-sharing or provider access requirements,

22 or any combination thereof, apply for the same services.

23  "Woman's principal health care provider" means a physician

24 licensed to practice medicine in all of its branches

25 specializing in obstetrics, gynecology, or family practice.

26 (Source: P.A. 102-92, eff. 7-9-21; 102-813, eff. 5-13-22;
         HB3800 Enrolled         - 38 - LRB104 09780 BAB 19846 b
1 103-650, eff. 1-1-25.)

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

3   Sec. 5. Definitions. In this Act:

4   "Authorized representative" means a person to whom a

5 beneficiary has given express written consent to represent the

6 beneficiary; a person authorized by law to provide substituted

7 consent for a beneficiary; or the beneficiary's treating

8 provider only when the beneficiary or his or her family member

9 is unable to provide consent.

10  "Beneficiary" means an individual, an enrollee, an

11 insured, a participant, or any other person entitled to

12 reimbursement for covered expenses of or the discounting of

13 provider fees for health care services under a program in

14 which the beneficiary has an incentive to utilize the services

15 of a provider that has entered into an agreement or

16 arrangement with an issuer insurer.

17  "Department" means the Department of Insurance.

18  "Director" means the Director of Insurance.

19  "Essential community provider" has the meaning given to

20 that term in 45 CFR 156.235.

21  "Excepted benefits" has the meaning given to that term in

22 42 U.S.C. 300gg-91(c) and implementing regulations. "Excepted

23 benefits" includes individual, group, or blanket coverage.

24  "Exchange" has the meaning given to that term in 45 CFR

25 155.20.
    HB3800 Enrolled            - 39 - LRB104 09780 BAB 19846 b

1   "Family caregiver" means a relative, partner, friend, or

2 neighbor who has a significant relationship with the patient

3 and administers or assists the patient with activities of

4 daily living, instrumental activities of daily living, or

5 other medical or nursing tasks for the quality and welfare of

6 that patient.

7   "Group health plan" has the meaning given to that term in

8 Section 5 of the Illinois Health Insurance Portability and

9 Accountability Act.

10  "Health insurance coverage" has the meaning given to that

11 term in Section 5 of the Illinois Health Insurance Portability

12 and Accountability Act. "Health insurance coverage" does not

13 include any coverage or benefits under Medicare or under the

14 medical assistance program established under Article V of the

15 Illinois Public Aid Code.

16  "Issuer" means a "health insurance issuer" as defined in

17 Section 5 of the Illinois Health Insurance Portability and

18 Accountability Act. "Insurer" means any entity that offers

19 individual or group accident and health insurance, including,

20 but not limited to, health maintenance organizations,

21 preferred provider organizations, exclusive provider

22 organizations, and other plan structures requiring network

23 participation, excluding the medical assistance program under

24 the Illinois Public Aid Code, the State employees group health

25 insurance program, workers compensation insurance, and

26 pharmacy benefit managers.
    HB3800 Enrolled  - 40 - LRB104 09780 BAB 19846 b

1   "Material change" means a significant reduction in the

2 number of providers available in a network plan, including,

3 but not limited to, a reduction of 10% or more in a specific

4 type of providers within any county, the removal of a major

5 health system that causes a network to be significantly

6 different within any county from the network when the

7 beneficiary purchased the network plan, or any change that

8 would cause the network to no longer satisfy the requirements

9 of this Act or the Department's rules for network adequacy and

10 transparency.

11  "Network" means the group or groups of preferred providers

12 providing services to a network plan.

13  "Network plan" means an individual or group policy of

14 accident and health insurance coverage that either requires a

15 covered person to use or creates incentives, including

16 financial incentives, for a covered person to use providers

17 managed, owned, under contract with, or employed by the issuer

18 or by a third party contracted to arrange, contract for, or

19 administer such provider-related incentives for the issuer

20 insurer.

21  "Ongoing course of treatment" means (1) treatment for a

22 life-threatening condition, which is a disease or condition

23 for which likelihood of death is probable unless the course of

24 the disease or condition is interrupted; (2) treatment for a

25 serious acute condition, defined as a disease or condition

26 requiring complex ongoing care that the covered person is
    HB3800 Enrolled         - 41 - LRB104 09780 BAB 19846 b

1 currently receiving, such as chemotherapy, radiation therapy,

2 or post-operative visits, or a serious and complex condition

3 as defined under 42 U.S.C. 300gg-113(b)(2); (3) a course of

4 treatment for a health condition that a treating provider

5 attests that discontinuing care by that provider would worsen

6 the condition or interfere with anticipated outcomes; or (4)

7 the third trimester of pregnancy through the post-partum

8 period; (5) undergoing a course of institutional or inpatient

9 care from the provider within the meaning of 42 U.S.C.

10 300gg-113(b)(1)(B); (6) being scheduled to undergo nonelective

11 surgery from the provider, including receipt of preoperative

12 or postoperative care from such provider with respect to such

13 a surgery; (7) being determined to be terminally ill, as

14 determined under 42 U.S.C. 1395x(dd)(3)(A), and receiving

15 treatment for such illness from such provider; or (8) any

16 other treatment of a condition or disease that requires

17 repeated health care services pursuant to a plan of treatment

18 by a provider because of the potential for changes in the

19 therapeutic regimen or because of the potential for a

20 recurrence of symptoms.

21  "Preferred provider" means any provider who has entered,

22 either directly or indirectly, into an agreement with an

23 employer or risk-bearing entity relating to health care

24 services that may be rendered to beneficiaries under a network

25 plan.

26  "Providers" means physicians licensed to practice medicine
    HB3800 Enrolled         - 42 - LRB104 09780 BAB 19846 b

1 in all its branches, other health care professionals,

2 hospitals, or other health care institutions or facilities

3 that provide health care services.

4   "Stand-alone dental plan" has the meaning given to that

5 term in 45 CFR 156.400.

6   "Telehealth" has the meaning given to that term in Section

7 356z.22 of the Illinois Insurance Code.

8   "Telemedicine" has the meaning given to that term in

9 Section 49.5 of the Medical Practice Act of 1987.

10  "Tiered network" means a network that identifies and

11 groups some or all types of provider and facilities into

12 specific groups to which different provider reimbursement,

13 covered person cost-sharing or provider access requirements,

14 or any combination thereof, apply for the same services.

15 (Source: P.A. 102-92, eff. 7-9-21; 102-813, eff. 5-13-22;

16 103-718, eff. 7-19-24.)

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

18  Sec. 5. Definitions. In this Act:

19  "Authorized representative" means a person to whom a

20 beneficiary has given express written consent to represent the

21 beneficiary; a person authorized by law to provide substituted

22 consent for a beneficiary; or the beneficiary's treating

23 provider only when the beneficiary or his or her family member

24 is unable to provide consent.

25  "Beneficiary" means an individual, an enrollee, an
    HB3800 Enrolled              - 43 - LRB104 09780 BAB 19846 b

1 insured, a participant, or any other person entitled to

2 reimbursement for covered expenses of or the discounting of

3 provider fees for health care services under a program in

4 which the beneficiary has an incentive to utilize the services

5 of a provider that has entered into an agreement or

6 arrangement with an issuer insurer.

7   "Department" means the Department of Insurance.

8   "Director" means the Director of Insurance.

9   "Essential community provider" has the meaning given to

10 that term in 45 CFR 156.235.

11  "Excepted benefits" has the meaning given to that term in

12 42 U.S.C. 300gg-91(c) and implementing regulations. "Excepted

13 benefits" includes individual, group, or blanket coverage.

14  "Exchange" has the meaning given to that term in 45 CFR

15 155.20.

16  "Family caregiver" means a relative, partner, friend, or

17 neighbor who has a significant relationship with the patient

18 and administers or assists the patient with activities of

19 daily living, instrumental activities of daily living, or

20 other medical or nursing tasks for the quality and welfare of

21 that patient.

22  "Group health plan" has the meaning given to that term in

23 Section 5 of the Illinois Health Insurance Portability and

24 Accountability Act.

25  "Health insurance coverage" has the meaning given to that

26 term in Section 5 of the Illinois Health Insurance Portability
    HB3800 Enrolled            - 44 - LRB104 09780 BAB 19846 b

1 and Accountability Act. "Health insurance coverage" does not

2 include any coverage or benefits under Medicare or under the

3 medical assistance program established under Article V of the

4 Illinois Public Aid Code.

5   "Issuer" means a "health insurance issuer" as defined in

6 Section 5 of the Illinois Health Insurance Portability and

7 Accountability Act. "Insurer" means any entity that offers

8 individual or group accident and health insurance, including,

9 but not limited to, health maintenance organizations,

10 preferred provider organizations, exclusive provider

11 organizations, and other plan structures requiring network

12 participation, excluding the medical assistance program under

13 the Illinois Public Aid Code, the State employees group health

14 insurance program, workers compensation insurance, and

15 pharmacy benefit managers.

16  "Material change" means a significant reduction in the

17 number of providers available in a network plan, including,

18 but not limited to, a reduction of 10% or more in a specific

19 type of providers within any county, the removal of a major

20 health system that causes a network to be significantly

21 different within any county from the network when the

22 beneficiary purchased the network plan, or any change that

23 would cause the network to no longer satisfy the requirements

24 of this Act or the Department's rules for network adequacy and

25 transparency.

26  "Network" means the group or groups of preferred providers
    HB3800 Enrolled  - 45 - LRB104 09780 BAB 19846 b

1 providing services to a network plan.

2   "Network plan" means an individual or group policy of

3 accident and health insurance coverage that either requires a

4 covered person to use or creates incentives, including

5 financial incentives, for a covered person to use providers

6 managed, owned, under contract with, or employed by the issuer

7 or by a third party contracted to arrange, contract for, or

8 administer such provider-related incentives for the issuer

9 insurer.

10  "Ongoing course of treatment" means (1) treatment for a

11 life-threatening condition, which is a disease or condition

12 for which likelihood of death is probable unless the course of

13 the disease or condition is interrupted; (2) treatment for a

14 serious acute condition, defined as a disease or condition

15 requiring complex ongoing care that the covered person is

16 currently receiving, such as chemotherapy, radiation therapy,

17 or post-operative visits, or a serious and complex condition

18 as defined under 42 U.S.C. 300gg-113(b)(2); (3) a course of

19 treatment for a health condition that a treating provider

20 attests that discontinuing care by that provider would worsen

21 the condition or interfere with anticipated outcomes; or (4)

22 the third trimester of pregnancy through the post-partum

23 period; (5) undergoing a course of institutional or inpatient

24 care from the provider within the meaning of 42 U.S.C.

25 300gg-113(b)(1)(B); (6) being scheduled to undergo nonelective

26 surgery from the provider, including receipt of preoperative
    HB3800 Enrolled         - 46 - LRB104 09780 BAB 19846 b

1 or postoperative care from such provider with respect to such

2 a surgery; (7) being determined to be terminally ill, as

3 determined under 42 U.S.C. 1395x(dd)(3)(A), and receiving

4 treatment for such illness from such provider; or (8) any

5 other treatment of a condition or disease that requires

6 repeated health care services pursuant to a plan of treatment

7 by a provider because of the potential for changes in the

8 therapeutic regimen or because of the potential for a

9 recurrence of symptoms.

10  "Preferred provider" means any provider who has entered,

11 either directly or indirectly, into an agreement with an

12 employer or risk-bearing entity relating to health care

13 services that may be rendered to beneficiaries under a network

14 plan.

15  "Providers" means physicians licensed to practice medicine

16 in all its branches, other health care professionals,

17 hospitals, or other health care institutions or facilities

18 that provide health care services.

19  "Short-term, limited-duration health insurance coverage

20 has the meaning given to that term in Section 5 of the

21 Short-Term, Limited-Duration Health Insurance Coverage Act.

22  "Stand-alone dental plan" has the meaning given to that

23 term in 45 CFR 156.400.

24  "Telehealth" has the meaning given to that term in Section

25 356z.22 of the Illinois Insurance Code.

26  "Telemedicine" has the meaning given to that term in
    HB3800 Enrolled        - 47 - LRB104 09780 BAB 19846 b

1 Section 49.5 of the Medical Practice Act of 1987.

2   "Tiered network" means a network that identifies and

3 groups some or all types of provider and facilities into

4 specific groups to which different provider reimbursement,

5 covered person cost-sharing or provider access requirements,

6 or any combination thereof, apply for the same services.

7   "Woman's principal health care provider" means a physician

8 licensed to practice medicine in all of its branches

9 specializing in obstetrics, gynecology, or family practice.

10 (Source: P.A. 102-92, eff. 7-9-21; 102-813, eff. 5-13-22;

11 103-777, eff. 1-1-25.)

12  (215 ILCS 124/10)

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

14  Sec. 10. Network adequacy.

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

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

17 description of all of the following with the Director:

18  (1) The written policies and procedures for adding

19  providers to meet patient needs based on increases in the

20  number  of         beneficiaries,    changes     in        the

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

22  care capabilities, and increased demand for services.

23  (2) The written policies and procedures for making

24  referrals within and outside the network.

25  (3) The written policies and procedures on how the
    HB3800 Enrolled    - 48 - LRB104 09780 BAB 19846 b

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

2   to network-affiliated primary care, emergency services,

3   and obstetrical and gynecological health care

4   professionals women's principal health care providers.

5   An issuer shall not prohibit a preferred provider from

6 discussing any specific or all treatment options with

7 beneficiaries irrespective of the issuer's insurer's position

8 on those treatment options or from advocating on behalf of

9 beneficiaries within the utilization review, grievance, or

10 appeals processes established by the issuer in accordance with

11 any rights or remedies available under applicable State or

12 federal law.

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

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

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

16 shall include all of the following:

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

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

19  marked locations for preferred providers.

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

21  addresses, phone numbers, and specialties of the providers

22  who have entered into preferred provider agreements under

23  the network plan.

24  (3) The number of beneficiaries anticipated to be

25  covered by the network plan.

26  (4) An Internet website and toll-free telephone number
    HB3800 Enrolled       - 49 - LRB104 09780 BAB 19846 b

1   for beneficiaries and prospective beneficiaries to access

2   current and accurate lists of preferred providers in each

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

4   any other information required by Department rule.

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

6   rendered under the network plan are reasonably accessible

7   and available to beneficiaries. The description shall

8   address all of the following:

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

10  provided by the network plan;

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

12  beneficiaries, by specialty and including primary care

13  physicians and facility-based physicians when

14  applicable under the contract, necessary to meet the

15  health care needs and service demands of the currently

16  enrolled population;

17  (C) the travel and distance standards for plan

18  beneficiaries in county service areas; and

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

20  telehealth, or mobile care services may be used to

21  partially meet the network adequacy standards, if

22  applicable.

23  (6) A provision ensuring that whenever a beneficiary

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

25  the provider directory, calling the network plan, and

26  calling the provider, to utilize preferred providers for a
    HB3800 Enrolled  - 50 - LRB104 09780 BAB 19846 b

1   covered service and it is determined the issuer insurer

2   does not have the appropriate preferred providers due to

3   insufficient number, type, unreasonable travel distance or

4   delay, or preferred providers refusing to provide a

5   covered service because it is contrary to the conscience

6   of the preferred providers, as protected by the Health

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

8   directly or indirectly, by terms contained in the payer

9   contract, that the beneficiary will be provided the

10  covered service at no greater cost to the beneficiary than

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

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

13  who willfully chooses to access a non-preferred provider

14  for health care services available through the panel of

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

16  health maintenance organization. In these circumstances,

17  the contractual requirements for non-preferred provider

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

19  Illinois Insurance Code requires otherwise. In no event

20  shall a beneficiary who receives care at a participating

21  health care facility be required to search for

22  participating providers under the circumstances described

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

24  Illinois Insurance Code except under the circumstances

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

26  (7) A provision that the beneficiary shall receive
    HB3800 Enrolled        - 51 - LRB104 09780 BAB 19846 b

1   emergency care coverage such that payment for this

2   coverage is not dependent upon whether the emergency

3   services are performed by a preferred or non-preferred

4   provider and the coverage shall be at the same benefit

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

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

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

8   provided the covered service at no greater cost to the

9   beneficiary than if the service had been provided by a

10  preferred provider. This provision shall be consistent

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

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

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

14  Act, if the plan provides that the beneficiary will incur

15  a penalty for failing to pre-certify inpatient hospital

16  treatment, the penalty may not exceed $1,000 per

17  occurrence in addition to the plan cost sharing

18  provisions.

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

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

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

22  evidence that the network plan includes essential

23  community providers in accordance with rules established

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

25  applicable plan year.

26  (c) The issuer shall demonstrate to the Director a minimum
    HB3800 Enrolled      - 52 - LRB104 09780 BAB 19846 b

1 ratio of providers to plan beneficiaries as required by the

2 Department for each network plan.

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

4   to plan beneficiaries shall be established by the

5   Department in consultation with the Department of Public

6   Health based upon the guidance from the federal Centers

7   for Medicare and Medicaid Services. The Department shall

8   not establish ratios for vision or dental providers who

9   provide services under dental-specific or vision-specific

10  benefits, except to the extent provided under federal law

11  for stand-alone dental plans. The Department shall

12  consider establishing ratios for the following physicians

13  or other providers:

14  (A) Primary Care;

15  (B) Pediatrics;

16  (C) Cardiology;

17  (D) Gastroenterology;

18  (E) General Surgery;

19  (F) Neurology;

20  (G) OB/GYN;

21  (H) Oncology/Radiation;

22  (I) Ophthalmology;

23  (J) Urology;

24  (K) Behavioral Health;

25  (L) Allergy/Immunology;

26  (M) Chiropractic;
    HB3800 Enrolled   - 53 - LRB104 09780 BAB 19846 b

1   (N) Dermatology;

2   (O) Endocrinology;

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

4   (Q) Infectious Disease;

5   (R) Nephrology;

6   (S) Neurosurgery;

7   (T) Orthopedic Surgery;

8   (U) Physiatry/Rehabilitative;

9   (V) Plastic Surgery;

10  (W) Pulmonary;

11  (X) Rheumatology;

12  (Y) Anesthesiology;

13  (Z) Pain Medicine;

14  (AA) Pediatric Specialty Services;

15  (BB) Outpatient Dialysis; and

16  (CC) HIV.

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

18  demonstrate to the Director that each in-network hospital

19  has at least one radiologist, pathologist,

20  anesthesiologist, and emergency room physician as a

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

22  by rule, require additional types of hospital-based

23  medical specialists to be included as preferred providers

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

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

26  review of the adequacy of these standards, along with an
    HB3800 Enrolled  - 54 - LRB104 09780 BAB 19846 b

1   assessment of additional specialties to be included in the

2   list under this subsection (c).

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

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

5   ratio established for qualified health plans in

6   Federally-Facilitated Exchanges by federal law or by the

7   federal Centers for Medicare and Medicaid Services, even

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

9   is otherwise not issued through an exchange. Federal

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

11  such network plans. In the absence of an applicable

12  Department rule, the federal standards shall apply for the

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

14  guidance. If the Centers for Medicare and Medicaid

15  Services establish standards that are more stringent than

16  the standards in effect under any Department rule, the

17  Department may amend its rules to conform to the more

18  stringent federal standards.

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

20  Services establishes minimum provider ratios for

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

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

23  enforce those standards for stand-alone dental plans for

24  that plan year.

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

26 maximum travel and distance standards and appointment
    HB3800 Enrolled    - 55 - LRB104 09780 BAB 19846 b

1 wait-time wait time standards for plan beneficiaries, which

2 shall be established by the Department in consultation with

3 the Department of Public Health based upon the guidance from

4 the federal Centers for Medicare and Medicaid Services. These

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

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

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

8 by Department rule.

9   The maximum travel time and distance standards must

10 include standards for each physician and other provider

11 category listed for which ratios have been established.

12  The Director shall establish a process for the review of

13 the adequacy of these standards along with an assessment of

14 additional specialties to be included in the list under this

15 subsection (d).

16  Notwithstanding any other law or Department rule, the

17 maximum travel time and distance standards and appointment

18 wait-time wait time standards shall be no greater than any

19 such standards established for qualified health plans in

20 Federally-Facilitated Exchanges by federal law or by the

21 federal Centers for Medicare and Medicaid Services, even if

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

23 otherwise not issued through an exchange. Federal standards

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

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

26 federal standards shall apply for the time period specified in
    HB3800 Enrolled  - 56 - LRB104 09780 BAB 19846 b

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

2 Medicare and Medicaid Services establish standards that are

3 more stringent than the standards in effect under any

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

5 to the more stringent federal standards.

6   If the federal area designations for the maximum time or

7 distance or appointment wait-time wait time standards required

8 are changed by the most recent Letter to Issuers in the

9 Federally-facilitated Marketplaces, the Department shall post

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

11 to conform to those designations if the Director deems

12 appropriate.

13  If the federal Centers for Medicare and Medicaid Services

14 establishes appointment wait-time standards for qualified

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

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

17 Department shall enforce those standards for the same types of

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

19 Centers for Medicare and Medicaid Services establishes time

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

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

22 the Department shall enforce those standards for stand-alone

23 dental plans for that plan year.

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

25 timely and proximate access to treatment for mental,

26 emotional, nervous, or substance use disorders or conditions
    HB3800 Enrolled         - 57 - LRB104 09780 BAB 19846 b

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

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

3 Issuers shall use a comparable process, strategy, evidentiary

4 standard, and other factors in the development and application

5 of the network adequacy standards for timely and proximate

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

7 substance use disorders or conditions and those for the access

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

9 network adequacy standards for timely and proximate access

10 shall equally be applied to treatment facilities and providers

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

12 conditions and specialists providing medical or surgical

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

14 of the Illinois Insurance Code and the federal Paul Wellstone

15 and Pete Domenici Mental Health Parity and Addiction Equity

16 Act of 2008. Notwithstanding the foregoing, the network

17 adequacy standards for timely and proximate access to

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

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

20 following requirements:

21  (A) For beneficiaries residing in the metropolitan

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

23  network adequacy standards for timely and proximate access

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

25  use disorders or conditions means a beneficiary shall not

26  have to travel longer than 30 minutes or 30 miles from the
    HB3800 Enrolled  - 58 - LRB104 09780 BAB 19846 b

1   beneficiary's residence to receive outpatient treatment

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

3   or conditions. Beneficiaries shall not be required to wait

4   longer than 10 business days between requesting an initial

5   appointment and being seen by the facility or provider of

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

7   conditions for outpatient treatment or to wait longer than

8   20 business days between requesting a repeat or follow-up

9   appointment and being seen by the facility or provider of

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

11  conditions for outpatient treatment; however, subject to

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

13  network plan shall not be held responsible if the

14  beneficiary or provider voluntarily chooses to schedule an

15  appointment outside of these required time frames.

16  (B) For beneficiaries residing in Illinois counties

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

18  this paragraph, network adequacy standards for timely and

19  proximate access to treatment for mental, emotional,

20  nervous, or substance use disorders or conditions means a

21  beneficiary shall not have to travel longer than 60

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

23  receive outpatient treatment for mental, emotional,

24  nervous, or substance use disorders or conditions.

25  Beneficiaries shall not be required to wait longer than 10

26  business days between requesting an initial appointment
    HB3800 Enrolled          - 59 - LRB104 09780 BAB 19846 b

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

2   emotional, nervous, or substance use disorders or

3   conditions for outpatient treatment or to wait longer than

4   20 business days between requesting a repeat or follow-up

5   appointment and being seen by the facility or provider of

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

7   conditions for outpatient treatment; however, subject to

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

9   network plan shall not be held responsible if the

10  beneficiary or provider voluntarily chooses to schedule an

11  appointment outside of these required time frames.

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

13 network adequacy standards for timely and proximate access to

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

15 disorders or conditions means a beneficiary shall not have to

16 travel longer than 60 minutes or 60 miles from the

17 beneficiary's residence to receive inpatient or residential

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

19 disorders or conditions.

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

21 available for a beneficiary to receive timely and proximate

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

23 substance use disorders or conditions in accordance with the

24 network adequacy standards outlined in this subsection, the

25 issuer shall provide necessary exceptions to its network to

26 ensure admission and treatment with a provider or at a
    HB3800 Enrolled  - 60 - LRB104 09780 BAB 19846 b

1 treatment facility in accordance with the network adequacy

2 standards in this subsection.

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

4 Services establishes or law requires more stringent standards

5 for qualified health plans in the Federally-Facilitated

6 Exchanges, the federal standards shall control for all network

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

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

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

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

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

12 Services establishes a more stringent standard in any county

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

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

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

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

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

18 year.

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.
    HB3800 Enrolled             - 61 - LRB104 09780 BAB 19846 b

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

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

3 ratios, and time and distance standards, and or appointment

4 wait-time wait time standards established under this Act or

5 federal law may request an exception to these requirements

6 from the Department. The Department may grant an exception in

7 the following circumstances:

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

9   time and distance standard in a specific service area and

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

11  travel time points that beneficiaries would have to travel

12  beyond the required criterion to reach the next closest

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

14  provides contact information, including names, addresses,

15  and phone numbers for the next closest contracted provider

16  or facility;

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

18  support the need for the requested number of provider or

19  facility type and the issuer provides data on local

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

21  or local provider interviews, indicating where the

22  beneficiaries currently seek this type of care or where

23  the physicians currently refer beneficiaries, or both; or

24  (3) other circumstances deemed appropriate by the

25  Department consistent with the requirements of this Act.

26  (h) Issuers are required to report to the Director any
    HB3800 Enrolled  - 62 - LRB104 09780 BAB 19846 b

1 material change to an approved network plan within 15 business

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

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

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

5 adequacy filing affected by the material change, as determined

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

7 with the changes indicated for each document that was revised

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

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

10 compliance with the network adequacy and transparency

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

12 the issuer fails to submit a revised network adequacy filing

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

14 day.

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

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

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

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

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

20 received from that provider type within that county at the

21 in-network benefit level and shall retroactively adjudicate

22 and reimburse beneficiaries to achieve that objective if their

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

24 this subsection. Nothing in this subsection shall be construed

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

26  (j) If the Director determines that a network is
    HB3800 Enrolled  - 63 - LRB104 09780 BAB 19846 b

1 inadequate in any county and no exception has been granted

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

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

4 prohibit the network plan from being issued or renewed within

5 that county until the Director determines that the network is

6 adequate apart from processes and exceptions described in

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

8 construed to terminate any beneficiary's health insurance

9 coverage under a network plan before the expiration of the

10 beneficiary's policy period if the Director makes a

11 determination under this subsection after the issuance or

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

13 a material change. Policies or certificates issued or renewed

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

15 civil penalty of $5,000 per policy.

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

17 federal standard before the Department adopts the standard by

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

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

20 health insurance issuers through a bulletin.

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

22 102-1117, eff. 1-13-23; 103-650, eff. 1-1-25.)

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

24  Sec. 10. Network adequacy.

25  (a) Before issuing, delivering, or renewing a network
    HB3800 Enrolled  - 64 - LRB104 09780 BAB 19846 b

1 plan, an issuer An insurer providing a network plan shall file

2 a 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 obstetrical and gynecological health care

14  professionals women's principal health care providers.

15  An issuer insurer shall not prohibit a preferred provider

16 from discussing any specific or all treatment options with

17 beneficiaries irrespective of the issuer's insurer's position

18 on those treatment options or from advocating on behalf of

19 beneficiaries within the utilization review, grievance, or

20 appeals processes established by the issuer insurer in

21 accordance with any rights or remedies available under

22 applicable State or federal law.

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

24 plan, an issuer Insurers must file for review a description of

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

26 description shall include all of the following:
    HB3800 Enrolled       - 65 - LRB104 09780 BAB 19846 b

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

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

3   marked locations for preferred providers.

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

5   addresses, phone numbers, and specialties of the providers

6   who have entered into preferred provider agreements under

7   the network plan.

8   (3) The number of beneficiaries anticipated to be

9   covered by the network plan.

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

11  for beneficiaries and prospective beneficiaries to access

12  current and accurate lists of preferred providers in each

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

14  any other information required by Department rule.

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

16  rendered under the network plan are reasonably accessible

17  and available to beneficiaries. The description shall

18  address all of the following:

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

20  provided by the network plan;

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

22  beneficiaries, by specialty and including primary care

23  physicians and facility-based physicians when

24  applicable under the contract, necessary to meet the

25  health care needs and service demands of the currently

26  enrolled population;
    HB3800 Enrolled  - 66 - LRB104 09780 BAB 19846 b

1   (C) the travel and distance standards for plan

2   beneficiaries in county service areas; and

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

4   telehealth, or mobile care services may be used to

5   partially meet the network adequacy standards, if

6   applicable.

7   (6) A provision ensuring that whenever a beneficiary

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

9   the provider directory, calling the network plan, and

10  calling the provider, to utilize preferred providers for a

11  covered service and it is determined the issuer insurer

12  does not have the appropriate preferred providers due to

13  insufficient number, type, unreasonable travel distance or

14  delay, or preferred providers refusing to provide a

15  covered service because it is contrary to the conscience

16  of the preferred providers, as protected by the Health

17  Care Right of Conscience Act, the issuer insurer shall

18  ensure, directly or indirectly, by terms contained in the

19  payer contract, that the beneficiary will be provided the

20  covered service at no greater cost to the beneficiary than

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

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

23  who willfully chooses to access a non-preferred provider

24  for health care services available through the panel of

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

26  health maintenance organization. In these circumstances,
    HB3800 Enrolled  - 67 - LRB104 09780 BAB 19846 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 complies with subsections (d)

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

24  Act.

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

26  Exchange in the individual or small group market, as well
    HB3800 Enrolled        - 68 - LRB104 09780 BAB 19846 b

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

2   evidence that the network plan includes essential

3   community providers in accordance with rules established

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

5   applicable plan year.

6   (c) The issuer network plan shall demonstrate to the

7 Director a minimum ratio of providers to plan beneficiaries as

8 required by the Department for each network plan.

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

10  to plan beneficiaries shall be established annually by the

11  Department in consultation with the Department of Public

12  Health based upon the guidance from the federal Centers

13  for Medicare and Medicaid Services. The Department shall

14  not establish ratios for vision or dental providers who

15  provide services under dental-specific or vision-specific

16  benefits, except to the extent provided under federal law

17  for stand-alone dental plans. The Department shall

18  consider establishing ratios for the following physicians

19  or other providers:

20  (A) Primary Care;

21  (B) Pediatrics;

22  (C) Cardiology;

23  (D) Gastroenterology;

24  (E) General Surgery;

25  (F) Neurology;

26  (G) OB/GYN;
    HB3800 Enrolled   - 69 - LRB104 09780 BAB 19846 b

1   (H) Oncology/Radiation;

2   (I) Ophthalmology;

3   (J) Urology;

4   (K) Behavioral Health;

5   (L) Allergy/Immunology;

6   (M) Chiropractic;

7   (N) Dermatology;

8   (O) Endocrinology;

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

10  (Q) Infectious Disease;

11  (R) Nephrology;

12  (S) Neurosurgery;

13  (T) Orthopedic Surgery;

14  (U) Physiatry/Rehabilitative;

15  (V) Plastic Surgery;

16  (W) Pulmonary;

17  (X) Rheumatology;

18  (Y) Anesthesiology;

19  (Z) Pain Medicine;

20  (AA) Pediatric Specialty Services;

21  (BB) Outpatient Dialysis; and

22  (CC) HIV.

23  (1.5) Beginning January 1, 2026, every issuer shall

24  demonstrate to the Director that each in-network hospital

25  has at least one radiologist, pathologist,

26  anesthesiologist, and emergency room physician as a
    HB3800 Enrolled  - 70 - LRB104 09780 BAB 19846 b

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

2   by rule, require additional types of hospital-based

3   medical specialists to be included as preferred providers

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

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

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

7   assessment of additional specialties to be included in the

8   list under this subsection (c).

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

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

11  ratio established for qualified health plans in

12  Federally-Facilitated Exchanges by federal law or by the

13  federal Centers for Medicare and Medicaid Services, even

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

15  is otherwise not issued through an exchange. Federal

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

17  such network plans. In the absence of an applicable

18  Department rule, the federal standards shall apply for the

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

20  guidance. If the Centers for Medicare and Medicaid

21  Services establish standards that are more stringent than

22  the standards in effect under any Department rule, the

23  Department may amend its rules to conform to the more

24  stringent federal standards.

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

26  Services establishes minimum provider ratios for
    HB3800 Enrolled     - 71 - LRB104 09780 BAB 19846 b

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

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

3   enforce those standards for stand-alone dental plans for

4   that plan year.

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

6 maximum travel and distance standards and appointment

7 wait-time standards for plan beneficiaries, which shall be

8 established annually by the Department in consultation with

9 the Department of Public Health based upon the guidance from

10 the federal Centers for Medicare and Medicaid Services. These

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

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

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

14 by Department rule.

15  The maximum travel time and distance standards must

16 include standards for each physician and other provider

17 category listed for which ratios have been established.

18  The Director shall establish a process for the review of

19 the adequacy of these standards along with an assessment of

20 additional specialties to be included in the list under this

21 subsection (d).

22  Notwithstanding any other law or Department rule, the

23 maximum travel time and distance standards and appointment

24 wait-time standards shall be no greater than any such

25 standards established for qualified health plans in

26 Federally-Facilitated Exchanges by federal law or by the
    HB3800 Enrolled  - 72 - LRB104 09780 BAB 19846 b

1 federal Centers for Medicare and Medicaid Services, even if

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

3 otherwise not issued through an exchange. Federal standards

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

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

6 federal standards shall apply for the time period specified in

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

8 Medicare and Medicaid Services establish standards that are

9 more stringent than the standards in effect under any

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

11 to the more stringent federal standards.

12  If the federal area designations for the maximum time or

13 distance or appointment wait-time standards required are

14 changed by the most recent Letter to Issuers in the

15 Federally-facilitated Marketplaces, the Department shall post

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

17 to conform to those designations if the Director deems

18 appropriate.

19  If the federal Centers for Medicare and Medicaid Services

20 establishes appointment wait-time standards for qualified

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

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

23 Department shall enforce those standards for the same types of

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

25 Centers for Medicare and Medicaid Services establishes time

26 and distance standards for stand-alone dental plans in the
   HB3800 Enrolled  - 73 - LRB104 09780 BAB 19846 b

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

2 the Department shall enforce those standards for stand-alone

3 dental plans for that plan year.

4  (d-5)(1) Every issuer insurer shall ensure that

5 beneficiaries have timely and proximate access to treatment

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

7 conditions in accordance with the provisions of paragraph (4)

8 of subsection (a) of Section 370c of the Illinois Insurance

9 Code. Issuers Insurers shall use a comparable process,

10 strategy, evidentiary standard, and other factors in the

11 development and application of the network adequacy standards

12 for timely and proximate access to treatment for mental,

13 emotional, nervous, or substance use disorders or conditions

14 and those for the access to treatment for medical and surgical

15 conditions. As such, the network adequacy standards for timely

16 and proximate access shall equally be applied to treatment

17 facilities and providers for mental, emotional, nervous, or

18 substance use disorders or conditions and specialists

19 providing medical or surgical benefits pursuant to the parity

20 requirements of Section 370c.1 of the Illinois Insurance Code

21 and the federal Paul Wellstone and Pete Domenici Mental Health

22 Parity and Addiction Equity Act of 2008. Notwithstanding the

23 foregoing, the network adequacy standards for timely and

24 proximate access to treatment for mental, emotional, nervous,

25 or substance use disorders or conditions shall, at a minimum,

26 satisfy the following requirements:
    HB3800 Enrolled  - 74 - LRB104 09780 BAB 19846 b

1   (A) For beneficiaries residing in the metropolitan

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

3   network adequacy standards for timely and proximate access

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

5   use disorders or conditions means a beneficiary shall not

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

7   beneficiary's residence to receive outpatient treatment

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

9   or conditions. Beneficiaries shall not be required to wait

10  longer than 10 business days between requesting an initial

11  appointment and being seen by the facility or provider of

12  mental, 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  (B) For beneficiaries residing in Illinois counties

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

24  this paragraph, network adequacy standards for timely and

25  proximate access to treatment for mental, emotional,

26  nervous, or substance use disorders or conditions means a
    HB3800 Enrolled          - 75 - LRB104 09780 BAB 19846 b

1   beneficiary shall not have to travel longer than 60

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

3   receive outpatient treatment for mental, emotional,

4   nervous, or substance use disorders or conditions.

5   Beneficiaries shall not be required to wait longer than 10

6   business days between requesting an initial appointment

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

8   emotional, nervous, or substance use disorders or

9   conditions for outpatient treatment or to wait longer than

10  20 business days between requesting a repeat or follow-up

11  appointment and being seen by the facility or provider of

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

13  conditions for outpatient treatment; however, subject to

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

15  network plan shall not be held responsible if the

16  beneficiary or provider voluntarily chooses to schedule an

17  appointment outside of these required time frames.

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

19 network adequacy standards for timely and proximate access to

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

21 disorders or conditions means a beneficiary shall not have to

22 travel longer than 60 minutes or 60 miles from the

23 beneficiary's residence to receive inpatient or residential

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

25 disorders or conditions.

26  (3) If there is no in-network facility or provider
    HB3800 Enrolled  - 76 - LRB104 09780 BAB 19846 b

1 available for a beneficiary to receive timely and proximate

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

3 substance use disorders or conditions in accordance with the

4 network adequacy standards outlined in this subsection, the

5 issuer insurer shall provide necessary exceptions to its

6 network to ensure admission and treatment with a provider or

7 at a treatment facility in accordance with the network

8 adequacy standards in this subsection.

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

10 Services establishes or law requires more stringent standards

11 for qualified health plans in the Federally-Facilitated

12 Exchanges, the federal standards shall control for all network

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

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

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

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

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

18 Services establishes a more stringent standard in any county

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

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

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

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

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

24 year.

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

26 health plan, these ratio and time and distance standards apply
    HB3800 Enrolled  - 77 - LRB104 09780 BAB 19846 b

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

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

3 service delivery options, such as telemedicine or telehealth,

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

5 delivering care to partially meet the requirements set under

6 this Section.

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

8 (d-5), issuers insurers who are not able to comply with the

9 provider ratios, and time and distance standards, and

10 appointment wait-time standards established under this Act or

11 federal law by the Department may request an exception to

12 these requirements from the Department. The Department may

13 grant an exception in the following circumstances:

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

15  time and distance standard in a specific service area and

16  the issuer insurer (i) discloses information on the

17  distance and travel time points that beneficiaries would

18  have to travel beyond the required criterion to reach the

19  next closest contracted provider outside of the service

20  area and (ii) provides contact information, including

21  names, addresses, and phone numbers for the next closest

22  contracted provider or facility;

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

24  support the need for the requested number of provider or

25  facility type and the issuer insurer provides data on

26  local patterns of care, such as claims data, referral
    HB3800 Enrolled  - 78 - LRB104 09780 BAB 19846 b

1   patterns, or local provider interviews, indicating where

2   the beneficiaries currently seek this type of care or

3   where the physicians currently refer beneficiaries, or

4   both; or

5   (3) other circumstances deemed appropriate by the

6   Department consistent with the requirements of this Act.

7   (h) Issuers Insurers are required to report to the

8 Director any material change to an approved network plan

9 within 15 business days after the change occurs and any change

10 that would result in failure to meet the requirements of this

11 Act. The issuer shall submit a revised version of the portions

12 of the network adequacy filing affected by the material

13 change, as determined by the Director by rule, and the issuer

14 shall attach versions with the changes indicated for each

15 document that was revised from the previous version of the

16 filing. Upon notice from the issuer insurer, the Director

17 shall reevaluate the network plan's compliance with the

18 network adequacy and transparency standards of this Act. For

19 every day past 15 business days that the issuer fails to submit

20 a revised network adequacy filing to the Director, the

21 Director may order a fine of $5,000 per day.

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

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

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

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

26 out-of-network claims for covered health care services
    HB3800 Enrolled  - 79 - LRB104 09780 BAB 19846 b

1 received from that provider type within that county at the

2 in-network benefit level and shall retroactively adjudicate

3 and reimburse beneficiaries to achieve that objective if their

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

5 this subsection. Nothing in this subsection shall be construed

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

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

8 inadequate in any county and no exception has been granted

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

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

11 prohibit the network plan from being issued or renewed within

12 that county until the Director determines that the network is

13 adequate apart from processes and exceptions described in

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

15 construed to terminate any beneficiary's health insurance

16 coverage under a network plan before the expiration of the

17 beneficiary's policy period if the Director makes a

18 determination under this subsection after the issuance or

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

20 a material change. Policies or certificates issued or renewed

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

22 civil penalty of $5,000 per policy.

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

24 federal standard before the Department adopts the standard by

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

26 start of the plan year, give public notice to the affected
    HB3800 Enrolled  - 80 - LRB104 09780 BAB 19846 b

1 health insurance issuers through a bulletin.
2 (Source: P.A. 102-144, eff. 1-1-22; 102-901, eff. 7-1-22;
3 102-1117, eff. 1-13-23; 103-656, eff. 1-1-25.)

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

5   Sec. 10. Network adequacy.

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

7 plan, an issuer An insurer providing a network plan shall file

8 a description of all of the following with the Director:

9   (1) The written policies and procedures for adding

10  providers to meet patient needs based on increases in the

11  number  of       beneficiaries,      changes  in        the

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

13  care capabilities, and increased demand for services.

14  (2) The written policies and procedures for making

15  referrals within and outside the network.

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

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

18  to network-affiliated primary care, emergency services,

19  and obstetrical and gynecological health care

20  professionals.

21  An issuer insurer shall not prohibit a preferred provider

22 from discussing any specific or all treatment options with

23 beneficiaries irrespective of the issuer's insurer's position

24 on those treatment options or from advocating on behalf of

25 beneficiaries within the utilization review, grievance, or
    HB3800 Enrolled    - 81 - LRB104 09780 BAB 19846 b

1 appeals processes established by the issuer insurer in

2 accordance with any rights or remedies available under

3 applicable State or federal law.

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

5 plan, an issuer Insurers must file for review a description of

6 the services to be offered through a network plan. The

7 description shall include all of the following:

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

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

10  marked locations for preferred providers.

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

12  addresses, phone numbers, and specialties of the providers

13  who have entered into preferred provider agreements under

14  the network plan.

15  (3) The number of beneficiaries anticipated to be

16  covered by the network plan.

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

18  for beneficiaries and prospective beneficiaries to access

19  current and accurate lists of preferred providers in each

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

21  any other information required by Department rule.

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

23  rendered under the network plan are reasonably accessible

24  and available to beneficiaries. The description shall

25  address all of the following:

26  (A) the type of health care services to be
    HB3800 Enrolled       - 82 - LRB104 09780 BAB 19846 b

1   provided by the network plan;

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

3   beneficiaries, by specialty and including primary care

4   physicians and facility-based physicians when

5   applicable under the contract, necessary to meet the

6   health care needs and service demands of the currently

7   enrolled population;

8   (C) the travel and distance standards for plan

9   beneficiaries in county service areas; and

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

11  telehealth, or mobile care services may be used to

12  partially meet the network adequacy standards, if

13  applicable.

14  (6) A provision ensuring that whenever a beneficiary

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

16  the provider directory, calling the network plan, and

17  calling the provider, to utilize preferred providers for a

18  covered service and it is determined the issuer insurer

19  does not have the appropriate preferred providers due to

20  insufficient number, type, unreasonable travel distance or

21  delay, or preferred providers refusing to provide a

22  covered service because it is contrary to the conscience

23  of the preferred providers, as protected by the Health

24  Care Right of Conscience Act, the issuer insurer shall

25  ensure, directly or indirectly, by terms contained in the

26  payer contract, that the beneficiary will be provided the
    HB3800 Enrolled  - 83 - LRB104 09780 BAB 19846 b

1   covered service at no greater cost to the beneficiary than

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

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

4   who willfully chooses to access a non-preferred provider

5   for health care services available through the panel of

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

7   health maintenance organization. In these circumstances,

8   the contractual requirements for non-preferred provider

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

10  Illinois Insurance Code requires otherwise. In no event

11  shall a beneficiary who receives care at a participating

12  health care facility be required to search for

13  participating providers under the circumstances described

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

15  Illinois Insurance Code except under the circumstances

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

17  (7) A provision that the beneficiary shall receive

18  emergency care coverage such that payment for this

19  coverage is not dependent upon whether the emergency

20  services are performed by a preferred or non-preferred

21  provider and the coverage shall be at the same benefit

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

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

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

25  provided the covered service at no greater cost to the

26  beneficiary than if the service had been provided by a
    HB3800 Enrolled        - 84 - LRB104 09780 BAB 19846 b

1   preferred provider. This provision shall be consistent

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

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

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

5   Act, if the plan provides that the beneficiary will incur

6   a penalty for failing to pre-certify inpatient hospital

7   treatment, the penalty may not exceed $1,000 per

8   occurrence in addition to the plan cost-sharing

9   provisions.

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

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

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

13  evidence that the network plan includes essential

14  community providers in accordance with rules established

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

16  applicable plan year.

17  (c) The issuer network plan shall demonstrate to the

18 Director a minimum ratio of providers to plan beneficiaries as

19 required by the Department for each network plan.

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

21  to plan beneficiaries shall be established annually by the

22  Department in consultation with the Department of Public

23  Health based upon the guidance from the federal Centers

24  for Medicare and Medicaid Services. The Department shall

25  not establish ratios for vision or dental providers who

26  provide services under dental-specific or vision-specific
    HB3800 Enrolled      - 85 - LRB104 09780 BAB 19846 b

1   benefits, except to the extent provided under federal law

2   for stand-alone dental plans. The Department shall

3   consider establishing ratios for the following physicians

4   or other providers:

5   (A) Primary Care;

6   (B) Pediatrics;

7   (C) Cardiology;

8   (D) Gastroenterology;

9   (E) General Surgery;

10  (F) Neurology;

11  (G) OB/GYN;

12  (H) Oncology/Radiation;

13  (I) Ophthalmology;

14  (J) Urology;

15  (K) Behavioral Health;

16  (L) Allergy/Immunology;

17  (M) Chiropractic;

18  (N) Dermatology;

19  (O) Endocrinology;

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

21  (Q) Infectious Disease;

22  (R) Nephrology;

23  (S) Neurosurgery;

24  (T) Orthopedic Surgery;

25  (U) Physiatry/Rehabilitative;

26  (V) Plastic Surgery;
    HB3800 Enrolled  - 86 - LRB104 09780 BAB 19846 b

1   (W) Pulmonary;

2   (X) Rheumatology;

3   (Y) Anesthesiology;

4   (Z) Pain Medicine;

5   (AA) Pediatric Specialty Services;

6   (BB) Outpatient Dialysis; and

7   (CC) HIV.

8   (1.5) Beginning January 1, 2026, every issuer shall

9   demonstrate to the Director that each in-network hospital

10  has at least one radiologist, pathologist,

11  anesthesiologist, and emergency room physician as a

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

13  by rule, require additional types of hospital-based

14  medical specialists to be included as preferred providers

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

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

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

18  assessment of additional specialties to be included in the

19  list under this subsection (c).

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

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

22  ratio established for qualified health plans in

23  Federally-Facilitated Exchanges by federal law or by the

24  federal Centers for Medicare and Medicaid Services, even

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

26  is otherwise not issued through an exchange. Federal
    HB3800 Enrolled     - 87 - LRB104 09780 BAB 19846 b

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

2   such network plans. In the absence of an applicable

3   Department rule, the federal standards shall apply for the

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

5   guidance. If the Centers for Medicare and Medicaid

6   Services establish standards that are more stringent than

7   the standards in effect under any Department rule, the

8   Department may amend its rules to conform to the more

9   stringent federal standards.

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

11  Services establishes minimum provider ratios for

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

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

14  enforce those standards for stand-alone dental plans for

15  that plan year.

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

17 maximum travel and distance standards and appointment

18 wait-time standards for plan beneficiaries, which shall be

19 established annually by the Department in consultation with

20 the Department of Public Health based upon the guidance from

21 the federal Centers for Medicare and Medicaid Services. These

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

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

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

25 by Department rule.

26  The maximum travel time and distance standards must
    HB3800 Enrolled  - 88 - LRB104 09780 BAB 19846 b

1 include standards for each physician and other provider

2 category listed for which ratios have been established.

3   The Director shall establish a process for the review of

4 the adequacy of these standards along with an assessment of

5 additional specialties to be included in the list under this

6 subsection (d).

7   Notwithstanding any other law or Department rule, the

8 maximum travel time and distance standards and appointment

9 wait-time standards shall be no greater than any such

10 standards established for qualified health plans in

11 Federally-Facilitated Exchanges by federal law or by the

12 federal Centers for Medicare and Medicaid Services, even if

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

14 otherwise not issued through an exchange. Federal standards

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

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

17 federal standards shall apply for the time period specified in

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

19 Medicare and Medicaid Services establish standards that are

20 more stringent than the standards in effect under any

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

22 to the more stringent federal standards.

23  If the federal area designations for the maximum time or

24 distance or appointment wait-time standards required are

25 changed by the most recent Letter to Issuers in the

26 Federally-facilitated Marketplaces, the Department shall post
    HB3800 Enrolled  - 89 - LRB104 09780 BAB 19846 b

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

2 to conform to those designations if the Director deems

3 appropriate.

4   If the federal Centers for Medicare and Medicaid Services

5 establishes appointment wait-time standards for qualified

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

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

8 Department shall enforce those standards for the same types of

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

10 Centers for Medicare and Medicaid Services establishes time

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

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

13 the Department shall enforce those standards for stand-alone

14 dental plans for that plan year.

15  (d-5)(1) Every issuer insurer shall ensure that

16 beneficiaries have timely and proximate access to treatment

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

18 conditions in accordance with the provisions of paragraph (4)

19 of subsection (a) of Section 370c of the Illinois Insurance

20 Code. Issuers Insurers shall use a comparable process,

21 strategy, evidentiary standard, and other factors in the

22 development and application of the network adequacy standards

23 for timely and proximate access to treatment for mental,

24 emotional, nervous, or substance use disorders or conditions

25 and those for the access to treatment for medical and surgical

26 conditions. As such, the network adequacy standards for timely
    HB3800 Enrolled  - 90 - LRB104 09780 BAB 19846 b

1 and proximate access shall equally be applied to treatment

2 facilities and providers for mental, emotional, nervous, or

3 substance use disorders or conditions and specialists

4 providing medical or surgical benefits pursuant to the parity

5 requirements of Section 370c.1 of the Illinois Insurance Code

6 and the federal Paul Wellstone and Pete Domenici Mental Health

7 Parity and Addiction Equity Act of 2008. Notwithstanding the

8 foregoing, the network adequacy standards for timely and

9 proximate access to treatment for mental, emotional, nervous,

10 or substance use disorders or conditions shall, at a minimum,

11 satisfy the following requirements:

12  (A) For beneficiaries residing in the metropolitan

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

14  network adequacy standards for timely and proximate access

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

16  use disorders or conditions means a beneficiary shall not

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

18  beneficiary's residence to receive outpatient treatment

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

20  or conditions. Beneficiaries shall not be required to wait

21  longer than 10 business days between requesting an initial

22  appointment and being seen by the facility or provider of

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

24  conditions for outpatient treatment or to wait longer than

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

26  appointment and being seen by the facility or provider of
    HB3800 Enrolled  - 91 - LRB104 09780 BAB 19846 b

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

2   conditions for outpatient treatment; however, subject to

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

4   network plan shall not be held responsible if the

5   beneficiary or provider voluntarily chooses to schedule an

6   appointment outside of these required time frames.

7   (B) For beneficiaries residing in Illinois counties

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

9   this paragraph, network adequacy standards for timely and

10  proximate access to treatment for mental, emotional,

11  nervous, or substance use disorders or conditions means a

12  beneficiary shall not have to travel longer than 60

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

14  receive outpatient treatment for mental, emotional,

15  nervous, or substance use disorders or conditions.

16  Beneficiaries shall not be required to wait longer than 10

17  business days between requesting an initial appointment

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

19  emotional, nervous, or substance use disorders or

20  conditions for outpatient treatment or to wait longer than

21  20 business days between requesting a repeat or follow-up

22  appointment and being seen by the facility or provider of

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

24  conditions for outpatient treatment; however, subject to

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

26  network plan shall not be held responsible if the
    HB3800 Enrolled          - 92 - LRB104 09780 BAB 19846 b

1   beneficiary or provider voluntarily chooses to schedule an

2   appointment outside of these required time frames.

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

4 network adequacy standards for timely and proximate access to

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

6 disorders or conditions means a beneficiary shall not have to

7 travel longer than 60 minutes or 60 miles from the

8 beneficiary's residence to receive inpatient or residential

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

10 disorders or conditions.

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

12 available for a beneficiary to receive timely and proximate

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

14 substance use disorders or conditions in accordance with the

15 network adequacy standards outlined in this subsection, the

16 issuer insurer shall provide necessary exceptions to its

17 network to ensure admission and treatment with a provider or

18 at a treatment facility in accordance with the network

19 adequacy standards in this subsection.

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

21 Services establishes or law requires more stringent standards

22 for qualified health plans in the Federally-Facilitated

23 Exchanges, the federal standards shall control for all network

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

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

26 the large group market, is issued through a different type of
    HB3800 Enrolled  - 93 - LRB104 09780 BAB 19846 b

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

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

3 Services establishes a more stringent standard in any county

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

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

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

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

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

9 year.

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

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

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

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

14 service delivery options, such as telemedicine or telehealth,

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

16 delivering care to partially meet the requirements set under

17 this Section.

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

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

20 provider ratios, and time and distance standards, and

21 appointment wait-time standards established under this Act or

22 federal law by the Department may request an exception to

23 these requirements from the Department. The Department may

24 grant an exception in the following circumstances:

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

26  time and distance standard in a specific service area and
    HB3800 Enrolled  - 94 - LRB104 09780 BAB 19846 b

1   the issuer insurer (i) discloses information on the

2   distance and travel time points that beneficiaries would

3   have to travel beyond the required criterion to reach the

4   next closest contracted provider outside of the service

5   area and (ii) provides contact information, including

6   names, addresses, and phone numbers for the next closest

7   contracted provider or facility;

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

9   support the need for the requested number of provider or

10  facility type and the issuer insurer provides data on

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

12  patterns, or local provider interviews, indicating where

13  the beneficiaries currently seek this type of care or

14  where the physicians currently refer beneficiaries, or

15  both; or

16  (3) other circumstances deemed appropriate by the

17  Department consistent with the requirements of this Act.

18  (h) Issuers Insurers are required to report to the

19 Director any material change to an approved network plan

20 within 15 business days after the change occurs and any change

21 that would result in failure to meet the requirements of this

22 Act. The issuer shall submit a revised version of the portions

23 of the network adequacy filing affected by the material

24 change, as determined by the Director by rule, and the issuer

25 shall attach versions with the changes indicated for each

26 document that was revised from the previous version of the
    HB3800 Enrolled  - 95 - LRB104 09780 BAB 19846 b

1 filing. Upon notice from the issuer insurer, the Director

2 shall reevaluate the network plan's compliance with the

3 network adequacy and transparency standards of this Act. For

4 every day past 15 business days that the issuer fails to submit

5 a revised network adequacy filing to the Director, the

6 Director may order a fine of $5,000 per day.

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

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

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

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

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

12 received from that provider type within that county at the

13 in-network benefit level and shall retroactively adjudicate

14 and reimburse beneficiaries to achieve that objective if their

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

16 this subsection. Nothing in this subsection shall be construed

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

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

19 inadequate in any county and no exception has been granted

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

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

22 prohibit the network plan from being issued or renewed within

23 that county until the Director determines that the network is

24 adequate apart from processes and exceptions described in

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

26 construed to terminate any beneficiary's health insurance
    HB3800 Enrolled  - 96 - LRB104 09780 BAB 19846 b

1 coverage under a network plan before the expiration of the

2 beneficiary's policy period if the Director makes a

3 determination under this subsection after the issuance or

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

5 a material change. Policies or certificates issued or renewed

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

7 civil penalty of $5,000 per policy.

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

9 federal standard before the Department adopts the standard by

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

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

12 health insurance issuers through a bulletin.

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

14 102-1117, eff. 1-13-23; 103-718, eff. 7-19-24.)

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

16  Sec. 10. Network adequacy.

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

18 plan, an issuer An insurer providing a network plan shall file

19 a description of all of the following with the Director:

20  (1) The written policies and procedures for adding

21  providers to meet patient needs based on increases in the

22  number  of       beneficiaries,      changes    in       the

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

24  care capabilities, and increased demand for services.

25  (2) The written policies and procedures for making
    HB3800 Enrolled    - 97 - LRB104 09780 BAB 19846 b

1   referrals within and outside the network.

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

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

4   to network-affiliated primary care, emergency services,

5   and obstetrical and gynecological health care

6   professionals women's principal health care providers.

7   An issuer insurer shall not prohibit a preferred provider

8 from discussing any specific or all treatment options with

9 beneficiaries irrespective of the issuer's insurer's position

10 on those treatment options or from advocating on behalf of

11 beneficiaries within the utilization review, grievance, or

12 appeals processes established by the issuer insurer in

13 accordance with any rights or remedies available under

14 applicable State or federal law.

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

16 plan, an issuer Insurers must file for review a description of

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

18 description 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
    HB3800 Enrolled       - 98 - LRB104 09780 BAB 19846 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 in each

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

6   any 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
    HB3800 Enrolled  - 99 - LRB104 09780 BAB 19846 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 issuer insurer

4   does not 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 issuer insurer shall

10  ensure, directly or indirectly, by terms contained in the

11  payer contract, that the beneficiary will be provided the

12  covered service at no greater cost to the beneficiary than

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

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

15  who willfully chooses to access a non-preferred provider

16  for health care services available through the panel of

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

18  health maintenance organization. In these circumstances,

19  the contractual requirements for non-preferred provider

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

21  Illinois Insurance Code requires otherwise. In no event

22  shall a beneficiary who receives care at a participating

23  health care facility be required to search for

24  participating providers under the circumstances described

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

26  Illinois Insurance Code except under the circumstances
    HB3800 Enrolled  - 100 - LRB104 09780 BAB 19846 b

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

2   (7) A provision that the beneficiary shall receive

3   emergency care coverage such that payment for this

4   coverage is not dependent upon whether the emergency

5   services are performed by a preferred or non-preferred

6   provider and the coverage shall be at the same benefit

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

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

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

10  provided the covered service at no greater cost to the

11  beneficiary than if the service had been provided by a

12  preferred provider. This provision shall be consistent

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

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

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

16  Act, if the plan provides that the beneficiary will incur

17  a penalty for failing to pre-certify inpatient hospital

18  treatment, the penalty may not exceed $1,000 per

19  occurrence in addition to the plan cost sharing

20  provisions.

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

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

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

24  evidence that the network plan includes essential

25  community providers in accordance with rules established

26  by the Exchange that will operate in this State for the
    HB3800 Enrolled        - 101 - LRB104 09780 BAB 19846 b

1   applicable plan year.

2   (c) The issuer network plan shall demonstrate to the

3 Director a minimum ratio of providers to plan beneficiaries as

4 required by the Department for each network plan.

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

6   to plan beneficiaries shall be established annually by the

7   Department in consultation with the Department of Public

8   Health based upon the guidance from the federal Centers

9   for Medicare and Medicaid Services. The Department shall

10  not establish ratios for vision or dental providers who

11  provide services under dental-specific or vision-specific

12  benefits, except to the extent provided under federal law

13  for stand-alone dental plans. The Department shall

14  consider establishing ratios for the following physicians

15  or other providers:

16  (A) Primary Care;

17  (B) Pediatrics;

18  (C) Cardiology;

19  (D) Gastroenterology;

20  (E) General Surgery;

21  (F) Neurology;

22  (G) OB/GYN;

23  (H) Oncology/Radiation;

24  (I) Ophthalmology;

25  (J) Urology;

26  (K) Behavioral Health;
    HB3800 Enrolled  - 102 - LRB104 09780 BAB 19846 b

1   (L) Allergy/Immunology;

2   (M) Chiropractic;

3   (N) Dermatology;

4   (O) Endocrinology;

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

6   (Q) Infectious Disease;

7   (R) Nephrology;

8   (S) Neurosurgery;

9   (T) Orthopedic Surgery;

10  (U) Physiatry/Rehabilitative;

11  (V) Plastic Surgery;

12  (W) Pulmonary;

13  (X) Rheumatology;

14  (Y) Anesthesiology;

15  (Z) Pain Medicine;

16  (AA) Pediatric Specialty Services;

17  (BB) Outpatient Dialysis; and

18  (CC) HIV.

19  (1.5) Beginning January 1, 2026, every issuer shall

20  demonstrate to the Director that each in-network hospital

21  has at least one radiologist, pathologist,

22  anesthesiologist, and emergency room physician as a

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

24  by rule, require additional types of hospital-based

25  medical specialists to be included as preferred providers

26  in each in-network hospital in a network plan.
    HB3800 Enrolled  - 103 - LRB104 09780 BAB 19846 b

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

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

3   assessment of additional specialties to be included in the

4   list under this subsection (c).

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

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

7   ratio established for qualified health plans in

8   Federally-Facilitated Exchanges by federal law or by the

9   federal Centers for Medicare and Medicaid Services, even

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

11  is otherwise not issued through an exchange. Federal

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

13  such network plans. In the absence of an applicable

14  Department rule, the federal standards shall apply for the

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

16  guidance. If the Centers for Medicare and Medicaid

17  Services establish standards that are more stringent than

18  the standards in effect under any Department rule, the

19  Department may amend its rules to conform to the more

20  stringent federal standards.

21  (4) (3) If the federal Centers for Medicare and

22  Medicaid Services establishes minimum provider ratios for

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

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

25  enforce those standards for stand-alone dental plans for

26  that plan year.
    HB3800 Enrolled     - 104 - LRB104 09780 BAB 19846 b

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

2 maximum travel and distance standards and appointment

3 wait-time standards for plan beneficiaries, which shall be

4 established annually by the Department in consultation with

5 the Department of Public Health based upon the guidance from

6 the federal Centers for Medicare and Medicaid Services. These

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

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

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

10 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  Notwithstanding any other law or Department rule, the

19 maximum travel time and distance standards and appointment

20 wait-time standards shall be no greater than any such

21 standards established for qualified health plans in

22 Federally-Facilitated Exchanges by federal law or by the

23 federal Centers for Medicare and Medicaid Services, even if

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

25 otherwise not issued through an exchange. Federal standards

26 for stand-alone dental plans shall only apply to such network
    HB3800 Enrolled  - 105 - LRB104 09780 BAB 19846 b

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

2 federal standards shall apply for the time period specified in

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

4 Medicare and Medicaid Services establish standards that are

5 more stringent than the standards in effect under any

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

7 to the more stringent federal standards.

8   If the federal area designations for the maximum time or

9 distance or appointment wait-time standards required are

10 changed by the most recent Letter to Issuers in the

11 Federally-facilitated Marketplaces, the Department shall post

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

13 to conform to those designations if the Director deems

14 appropriate.

15  If the federal Centers for Medicare and Medicaid Services

16 establishes appointment wait-time standards for qualified

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

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

19 Department shall enforce those standards for the same types of

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

21 Centers for Medicare and Medicaid Services establishes time

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

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

24 the Department shall enforce those standards for stand-alone

25 dental plans for that plan year.

26  (d-5)(1) Every issuer insurer shall ensure that
    HB3800 Enrolled  - 106 - LRB104 09780 BAB 19846 b

1 beneficiaries have timely and proximate access to treatment

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

3 conditions in accordance with the provisions of paragraph (4)

4 of subsection (a) of Section 370c of the Illinois Insurance

5 Code. Issuers Insurers shall use a comparable process,

6 strategy, evidentiary standard, and other factors in the

7 development and application of the network adequacy standards

8 for timely and proximate access to treatment for mental,

9 emotional, nervous, or substance use disorders or conditions

10 and those for the access to treatment for medical and surgical

11 conditions. As such, the network adequacy standards for timely

12 and proximate access shall equally be applied to treatment

13 facilities and providers for mental, emotional, nervous, or

14 substance use disorders or conditions and specialists

15 providing medical or surgical benefits pursuant to the parity

16 requirements of Section 370c.1 of the Illinois Insurance Code

17 and the federal Paul Wellstone and Pete Domenici Mental Health

18 Parity and Addiction Equity Act of 2008. Notwithstanding the

19 foregoing, the network adequacy standards for timely and

20 proximate access to treatment for mental, emotional, nervous,

21 or substance use disorders or conditions shall, at a minimum,

22 satisfy the following requirements:

23  (A) For beneficiaries residing in the metropolitan

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

25  network adequacy standards for timely and proximate access

26  to treatment for mental, emotional, nervous, or substance
    HB3800 Enrolled  - 107 - LRB104 09780 BAB 19846 b

1   use disorders or conditions means a beneficiary shall not

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

3   beneficiary's residence to receive outpatient treatment

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

5   or conditions. Beneficiaries shall not be required to wait

6   longer than 10 business days between requesting an initial

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 or to wait longer than

10  20 business days between requesting a repeat or follow-up

11  appointment and being seen by the facility or provider of

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

13  conditions for outpatient treatment; however, subject to

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

15  network plan shall not be held responsible if the

16  beneficiary or provider voluntarily chooses to schedule an

17  appointment outside of these required time frames.

18  (B) For beneficiaries residing in Illinois counties

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

20  this paragraph, network adequacy standards for timely and

21  proximate access to treatment for mental, emotional,

22  nervous, or substance use disorders or conditions means a

23  beneficiary shall not have to travel longer than 60

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

25  receive outpatient treatment for mental, emotional,

26  nervous, or substance use disorders or conditions.
    HB3800 Enrolled          - 108 - LRB104 09780 BAB 19846 b

1   Beneficiaries shall not be required to wait longer than 10

2   business days between requesting an initial appointment

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

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

15 network adequacy standards for timely and proximate access to

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

17 disorders or conditions means a beneficiary shall not have to

18 travel longer than 60 minutes or 60 miles from the

19 beneficiary's residence to receive inpatient or residential

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

21 disorders or conditions.

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

23 available for a beneficiary to receive timely and proximate

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

25 substance use disorders or conditions in accordance with the

26 network adequacy standards outlined in this subsection, the
    HB3800 Enrolled  - 109 - LRB104 09780 BAB 19846 b

1 issuer insurer shall provide necessary exceptions to its

2 network to ensure admission and treatment with a provider or

3 at a treatment facility in accordance with the network

4 adequacy standards in this subsection.

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

14 Services establishes a more stringent standard in any county

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

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

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

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

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

20 year.

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

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

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

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

25 service delivery options, such as telemedicine or telehealth,

26 mobile clinics, and centers of excellence, or other ways of
    HB3800 Enrolled         - 110 - LRB104 09780 BAB 19846 b

1 delivering care to partially meet the requirements set under

2 this Section.

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

4 (d-5), issuers insurers who are not able to comply with the

5 provider ratios, time and distance standards, and appointment

6 wait-time standards established under this Act or federal law

7 may request an exception to these requirements from the

8 Department. The Department may grant an exception in the

9 following circumstances:

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

11  time and distance standard in a specific service area and

12  the issuer insurer (i) discloses information on the

13  distance and travel time points that beneficiaries would

14  have to travel beyond the required criterion to reach the

15  next closest contracted provider outside of the service

16  area and (ii) provides contact information, including

17  names, addresses, and phone numbers for the next closest

18  contracted provider or facility;

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

20  support the need for the requested number of provider or

21  facility type and the issuer insurer provides data on

22  local patterns of care, such as claims data, referral

23  patterns, or local provider interviews, indicating where

24  the beneficiaries currently seek this type of care or

25  where the physicians currently refer beneficiaries, or

26  both; or
    HB3800 Enrolled  - 111 - LRB104 09780 BAB 19846 b

1   (3) other circumstances deemed appropriate by the

2   Department consistent with the requirements of this Act.

3   (h) Issuers Insurers are required to report to the

4 Director any material change to an approved network plan

5 within 15 business days after the change occurs and any change

6 that would result in failure to meet the requirements of this

7 Act. The issuer shall submit a revised version of the portions

8 of the network adequacy filing affected by the material

9 change, as determined by the Director by rule, and the issuer

10 shall attach versions with the changes indicated for each

11 document that was revised from the previous version of the

12 filing. Upon notice from the issuer insurer, the Director

13 shall reevaluate the network plan's compliance with the

14 network adequacy and transparency standards of this Act. For

15 every day past 15 business days that the issuer fails to submit

16 a revised network adequacy filing to the Director, the

17 Director may order a fine of $5,000 per day.

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

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

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

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

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

23 received from that provider type within that county at the

24 in-network benefit level and shall retroactively adjudicate

25 and reimburse beneficiaries to achieve that objective if their

26 claims were processed at the out-of-network level contrary to
    HB3800 Enrolled  - 112 - LRB104 09780 BAB 19846 b

1 this subsection. Nothing in this subsection shall be construed

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

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

4 inadequate in any county and no exception has been granted

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

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

7 prohibit the network plan from being issued or renewed within

8 that county until the Director determines that the network is

9 adequate apart from processes and exceptions described in

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

11 construed to terminate any beneficiary's health insurance

12 coverage under a network plan before the expiration of the

13 beneficiary's policy period if the Director makes a

14 determination under this subsection after the issuance or

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

16 a material change. Policies or certificates issued or renewed

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

18 civil penalty of $5,000 per policy.

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

20 federal standard before the Department adopts the standard by

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

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

23 health insurance issuers through a bulletin.

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

25 102-1117, eff. 1-13-23; 103-777, eff. 1-1-25.)
    HB3800 Enrolled  - 113 - LRB104 09780 BAB 19846 b

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

2   Sec. 10. Network adequacy.

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

4 plan, an issuer An insurer providing a network plan shall file

5 a description of all of the following with the Director:

6   (1) The written policies and procedures for adding

7   providers to meet patient needs based on increases in the

8   number  of       beneficiaries,      changes  in        the

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

10  care capabilities, and increased demand for services.

11  (2) The written policies and procedures for making

12  referrals within and outside the network.

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

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

15  to network-affiliated primary care, emergency services,

16  and obstetrical and gynecological health care

17  professionals women's principal health care providers.

18  An issuer insurer shall not prohibit a preferred provider

19 from discussing any specific or all treatment options with

20 beneficiaries irrespective of the issuer's insurer's position

21 on those treatment options or from advocating on behalf of

22 beneficiaries within the utilization review, grievance, or

23 appeals processes established by the issuer insurer in

24 accordance with any rights or remedies available under

25 applicable State or federal law.

26  (b) Before issuing, delivering, or renewing a network
    HB3800 Enrolled    - 114 - LRB104 09780 BAB 19846 b

1 plan, an issuer Insurers must file for review a description of

2 the services to be offered through a network plan. The

3 description shall include all of the following:

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

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

6   marked locations for preferred providers.

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

8   addresses, phone numbers, and specialties of the providers

9   who have entered into preferred provider agreements under

10  the network plan.

11  (3) The number of beneficiaries anticipated to be

12  covered by the network plan.

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

14  for beneficiaries and prospective beneficiaries to access

15  current and accurate lists of preferred providers in each

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

17  any other information required by Department rule.

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

19  rendered under the network plan are reasonably accessible

20  and available to beneficiaries. The description shall

21  address all of the following:

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

23  provided by the network plan;

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

25  beneficiaries, by specialty and including primary care

26  physicians and facility-based physicians when
    HB3800 Enrolled  - 115 - LRB104 09780 BAB 19846 b

1   applicable under the contract, necessary to meet the

2   health care needs and service demands of the currently

3   enrolled population;

4   (C) the travel and distance standards for plan

5   beneficiaries in county service areas; and

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

7   telehealth, or mobile care services may be used to

8   partially meet the network adequacy standards, if

9   applicable.

10  (6) A provision ensuring that whenever a beneficiary

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

12  the provider directory, calling the network plan, and

13  calling the provider, to utilize preferred providers for a

14  covered service and it is determined the issuer insurer

15  does not have the appropriate preferred providers due to

16  insufficient number, type, unreasonable travel distance or

17  delay, or preferred providers refusing to provide a

18  covered service because it is contrary to the conscience

19  of the preferred providers, as protected by the Health

20  Care Right of Conscience Act, the issuer insurer shall

21  ensure, directly or indirectly, by terms contained in the

22  payer contract, that the beneficiary will be provided the

23  covered service at no greater cost to the beneficiary than

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

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

26  who willfully chooses to access a non-preferred provider
    HB3800 Enrolled  - 116 - LRB104 09780 BAB 19846 b

1   for health care services available through the panel of

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

3   health maintenance organization. In these circumstances,

4   the contractual requirements for non-preferred provider

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

6   Illinois Insurance Code requires otherwise. In no event

7   shall a beneficiary who receives care at a participating

8   health care facility be required to search for

9   participating providers under the circumstances described

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

11  Illinois Insurance Code except under the circumstances

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

13  (7) A provision that the beneficiary shall receive

14  emergency care coverage such that payment for this

15  coverage is not dependent upon whether the emergency

16  services are performed by a preferred or non-preferred

17  provider and the coverage shall be at the same benefit

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

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

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

21  provided the covered service at no greater cost to the

22  beneficiary than if the service had been provided by a

23  preferred provider. This provision shall be consistent

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

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

26  and (e) of Section 55 of the Prior Authorization Reform
    HB3800 Enrolled        - 117 - LRB104 09780 BAB 19846 b

1   Act, if the plan provides that the beneficiary will incur

2   a penalty for failing to pre-certify inpatient hospital

3   treatment, the penalty may not exceed $1,000 per

4   occurrence in addition to the plan cost sharing

5   provisions.

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

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

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

9   evidence that the network plan includes essential

10  community providers in accordance with rules established

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

12  applicable plan year.

13  (c) The issuer network plan shall demonstrate to the

14 Director a minimum ratio of providers to plan beneficiaries as

15 required by the Department for each network plan.

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

17  to plan beneficiaries shall be established annually by the

18  Department in consultation with the Department of Public

19  Health based upon the guidance from the federal Centers

20  for Medicare and Medicaid Services. The Department shall

21  not establish ratios for vision or dental providers who

22  provide services under dental-specific or vision-specific

23  benefits, except to the extent provided under federal law

24  for stand-alone dental plans. The Department shall

25  consider establishing ratios for the following physicians

26  or other providers:
    HB3800 Enrolled  - 118 - LRB104 09780 BAB 19846 b

1   (A) Primary Care;

2   (B) Pediatrics;

3   (C) Cardiology;

4   (D) Gastroenterology;

5   (E) General Surgery;

6   (F) Neurology;

7   (G) OB/GYN;

8   (H) Oncology/Radiation;

9   (I) Ophthalmology;

10  (J) Urology;

11  (K) Behavioral Health;

12  (L) Allergy/Immunology;

13  (M) Chiropractic;

14  (N) Dermatology;

15  (O) Endocrinology;

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

17  (Q) Infectious Disease;

18  (R) Nephrology;

19  (S) Neurosurgery;

20  (T) Orthopedic Surgery;

21  (U) Physiatry/Rehabilitative;

22  (V) Plastic Surgery;

23  (W) Pulmonary;

24  (X) Rheumatology;

25  (Y) Anesthesiology;

26  (Z) Pain Medicine;
    HB3800 Enrolled  - 119 - LRB104 09780 BAB 19846 b

1   (AA) Pediatric Specialty Services;

2   (BB) Outpatient Dialysis; and

3   (CC) HIV.

4   (1.5) Beginning January 1, 2026, every issuer insurer

5   shall demonstrate to the Director that each in-network

6   hospital has at least one radiologist, pathologist,

7   anesthesiologist, and emergency room physician as a

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

9   by rule, require additional types of hospital-based

10  medical specialists to be included as preferred providers

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

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

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

14  assessment of additional specialties to be included in the

15  list under this subsection (c).

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

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

18  ratio established for qualified health plans in

19  Federally-Facilitated Exchanges by federal law or by the

20  federal Centers for Medicare and Medicaid Services, even

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

22  is otherwise not issued through an exchange. Federal

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

24  such network plans. In the absence of an applicable

25  Department rule, the federal standards shall apply for the

26  time period specified in the federal law, regulation, or
    HB3800 Enrolled     - 120 - LRB104 09780 BAB 19846 b

1   guidance. If the Centers for Medicare and Medicaid

2   Services establish standards that are more stringent than

3   the standards in effect under any Department rule, the

4   Department may amend its rules to conform to the more

5   stringent federal standards.

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

7   Services establishes minimum provider ratios for

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

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

10  enforce those standards for stand-alone dental plans for

11  that plan year.

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

13 maximum travel and distance standards and appointment

14 wait-time standards for plan beneficiaries, which shall be

15 established annually by the Department in consultation with

16 the Department of Public Health based upon the guidance from

17 the federal Centers for Medicare and Medicaid Services. These

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

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

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

21 by Department rule.

22  The maximum travel time and distance standards must

23 include standards for each physician and other provider

24 category listed for which ratios have been established.

25  The Director shall establish a process for the review of

26 the adequacy of these standards along with an assessment of
    HB3800 Enrolled  - 121 - LRB104 09780 BAB 19846 b

1 additional specialties to be included in the list under this

2 subsection (d).

3   Notwithstanding any other law or Department rule, the

4 maximum travel time and distance standards and appointment

5 wait-time standards shall be no greater than any such

6 standards 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 if

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

10 otherwise not issued through an exchange. Federal standards

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

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

13 federal standards shall apply for the time period specified in

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

15 Medicare and Medicaid Services establish standards that are

16 more stringent than the standards in effect under any

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

18 to the more stringent federal standards.

19  If the federal area designations for the maximum time or

20 distance or appointment wait-time standards required are

21 changed by the most recent Letter to Issuers in the

22 Federally-facilitated Marketplaces, the Department shall post

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

24 to conform to those designations if the Director deems

25 appropriate.

26  If the federal Centers for Medicare and Medicaid Services
    HB3800 Enrolled  - 122 - LRB104 09780 BAB 19846 b

1 establishes appointment wait-time standards for qualified

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

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

4 Department shall enforce those standards for the same types of

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

6 Centers for Medicare and Medicaid Services establishes time

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

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

9 the Department shall enforce those standards for stand-alone

10 dental plans for that plan year.

11  (d-5)(1) Every issuer insurer shall ensure that

12 beneficiaries have timely and proximate access to treatment

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

14 conditions in accordance with the provisions of paragraph (4)

15 of subsection (a) of Section 370c of the Illinois Insurance

16 Code. Issuers Insurers shall use a comparable process,

17 strategy, evidentiary standard, and other factors in the

18 development and application of the network adequacy standards

19 for timely and proximate access to treatment for mental,

20 emotional, nervous, or substance use disorders or conditions

21 and those for the access to treatment for medical and surgical

22 conditions. As such, the network adequacy standards for timely

23 and proximate access shall equally be applied to treatment

24 facilities and providers for mental, emotional, nervous, or

25 substance use disorders or conditions and specialists

26 providing medical or surgical benefits pursuant to the parity
    HB3800 Enrolled  - 123 - LRB104 09780 BAB 19846 b

1 requirements of Section 370c.1 of the Illinois Insurance Code

2 and the federal Paul Wellstone and Pete Domenici Mental Health

3 Parity and Addiction Equity Act of 2008. Notwithstanding the

4 foregoing, the network adequacy standards for timely and

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

6 or substance use disorders or conditions shall, at a minimum,

7 satisfy the following requirements:

8   (A) For beneficiaries residing in the metropolitan

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

10  network adequacy standards for timely and proximate access

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

12  use disorders or conditions means a beneficiary shall not

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

14  beneficiary's residence to receive outpatient treatment

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

16  or conditions. Beneficiaries shall not be required to wait

17  longer than 10 business days between requesting an initial

18  appointment and being seen by the facility or provider of

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

20  conditions for outpatient treatment or to wait longer than

21  20 business days between requesting a repeat or follow-up

22  appointment and being seen by the facility or provider of

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

24  conditions for outpatient treatment; however, subject to

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

26  network plan shall not be held responsible if the
    HB3800 Enrolled  - 124 - LRB104 09780 BAB 19846 b

1   beneficiary or provider voluntarily chooses to schedule an

2   appointment outside of these required time frames.

3   (B) For beneficiaries residing in Illinois counties

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

5   this paragraph, network adequacy standards for timely and

6   proximate access to treatment for mental, emotional,

7   nervous, or substance use disorders or conditions means a

8   beneficiary shall not have to travel longer than 60

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

10  receive outpatient treatment for mental, emotional,

11  nervous, or substance use disorders or conditions.

12  Beneficiaries shall not be required to wait longer than 10

13  business days between requesting an initial appointment

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

15  emotional, nervous, or substance use disorders or

16  conditions for outpatient treatment or to wait longer than

17  20 business days between requesting a repeat or follow-up

18  appointment and being seen by the facility or provider of

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

20  conditions for outpatient treatment; however, subject to

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

22  network plan shall not be held responsible if the

23  beneficiary or provider voluntarily chooses to schedule an

24  appointment outside of these required time frames.

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

26 network adequacy standards for timely and proximate access to
    HB3800 Enrolled         - 125 - LRB104 09780 BAB 19846 b

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

2 disorders or conditions means a beneficiary shall not have to

3 travel longer than 60 minutes or 60 miles from the

4 beneficiary's residence to receive inpatient or residential

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

6 disorders or conditions.

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

8 available for a beneficiary to receive timely and proximate

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

10 substance use disorders or conditions in accordance with the

11 network adequacy standards outlined in this subsection, the

12 issuer insurer shall provide necessary exceptions to its

13 network to ensure admission and treatment with a provider or

14 at a treatment facility in accordance with the network

15 adequacy standards in this subsection.

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

17 Services establishes or law requires more stringent standards

18 for qualified health plans in the Federally-Facilitated

19 Exchanges, the federal standards shall control for all network

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

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

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

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

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

25 Services establishes a more stringent standard in any county

26 than specified in paragraph (1) or (2) of this subsection
    HB3800 Enrolled  - 126 - LRB104 09780 BAB 19846 b

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

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

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

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

5 year.

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

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

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

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

10 service delivery options, such as telemedicine or telehealth,

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

12 delivering care to partially meet the requirements set under

13 this Section.

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

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

16 provider ratios, and time and distance standards, and

17 appointment wait-time standards established under this Act or

18 federal law by the Department may request an exception to

19 these requirements from the Department. The Department may

20 grant an exception in the following circumstances:

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

22  time and distance standard in a specific service area and

23  the issuer insurer (i) discloses information on the

24  distance and travel time points that beneficiaries would

25  have to travel beyond the required criterion to reach the

26  next closest contracted provider outside of the service
    HB3800 Enrolled  - 127 - LRB104 09780 BAB 19846 b

1   area and (ii) provides contact information, including

2   names, addresses, and phone numbers for the next closest

3   contracted provider or facility;

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

5   support the need for the requested number of provider or

6   facility type and the issuer insurer provides data on

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

8   patterns, or local provider interviews, indicating where

9   the beneficiaries currently seek this type of care or

10  where the physicians currently refer beneficiaries, or

11  both; or

12  (3) other circumstances deemed appropriate by the

13  Department consistent with the requirements of this Act.

14  (h) Issuers Insurers are required to report to the

15 Director any material change to an approved network plan

16 within 15 business days after the change occurs and any change

17 that would result in failure to meet the requirements of this

18 Act. The issuer shall submit a revised version of the portions

19 of the network adequacy filing affected by the material

20 change, as determined by the Director by rule, and the issuer

21 shall attach versions with the changes indicated for each

22 document that was revised from the previous version of the

23 filing. Upon notice from the issuer insurer, the Director

24 shall reevaluate the network plan's compliance with the

25 network adequacy and transparency standards of this Act. For

26 every day past 15 business days that the issuer fails to submit
    HB3800 Enrolled  - 128 - LRB104 09780 BAB 19846 b

1 a revised network adequacy filing to the Director, the

2 Director may order a fine of $5,000 per day.

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

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

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

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

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

8 received from that provider type within that county at the

9 in-network benefit level and shall retroactively adjudicate

10 and reimburse beneficiaries to achieve that objective if their

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

12 this subsection. Nothing in this subsection shall be construed

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

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

15 inadequate in any county and no exception has been granted

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

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

18 prohibit the network plan from being issued or renewed within

19 that county until the Director determines that the network is

20 adequate apart from processes and exceptions described in

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

22 construed to terminate any beneficiary's health insurance

23 coverage under a network plan before the expiration of the

24 beneficiary's policy period if the Director makes a

25 determination under this subsection after the issuance or

26 renewal of the beneficiary's policy or certificate because of
    HB3800 Enrolled    - 129 - LRB104 09780 BAB 19846 b

1 a material change. Policies or certificates issued or renewed

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

3 civil penalty of $5,000 per policy.

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

5 federal standard before the Department adopts the standard by

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

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

8 health insurance issuers through a bulletin.

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

10 102-1117, eff. 1-13-23; 103-906, eff. 1-1-25.)

11  (215 ILCS 124/25)

12  (Text of Section from P.A. 103-605)

13  Sec. 25. Network transparency.

14  (a) A network plan shall post electronically an

15 up-to-date, accurate, and complete provider directory for each

16 of its network plans, with the information and search

17 functions, as described in this Section.

18  (1) In making the directory available electronically,

19  the network plans shall ensure that the general public is

20  able to view all of the current providers for a plan

21  through a clearly identifiable link or tab and without

22  creating or accessing an account or entering a policy or

23  contract number.

24  (2) An issuer's failure to update a network plan's

25  directory shall subject the issuer to a civil penalty of
    HB3800 Enrolled         - 130 - LRB104 09780 BAB 19846 b

1   $5,000 per month. The network plan shall update the online

2   provider directory at least monthly. Providers shall

3   notify the network plan electronically or in writing

4   within 10 business days of any changes to their

5   information as listed in the provider directory, including

6   the information required in subsections (b), (c), and (d)

7   subparagraph (K) of paragraph (1) of subsection (b). With

8   regard to subparagraph (I) of paragraph (1) of subsection

9   (b), the provider must give notice to the issuer within 20

10  business days of deciding to cease accepting new patients

11  covered by the plan if the new patient limitation is

12  expected to last 40 business days or longer. The network

13  plan shall update its online provider directory in a

14  manner consistent with the information provided by the

15  provider within 2 10 business days after being notified of

16  the change by the provider. Nothing in this paragraph (2)

17  shall void any contractual relationship between the

18  provider and the plan.

19  (3) At least once every 90 days, the issuer shall

20  self-audit each network plan's The network plan shall

21  audit periodically at least 25% of its provider

22  directories for accuracy, make any corrections necessary,

23  and retain documentation of the audit. The issuer shall

24  submit the self-audit and a summary to the Department, and

25  the Department shall make the summary of each self-audit

26  publicly available. The Department shall specify the
    HB3800 Enrolled  - 131 - LRB104 09780 BAB 19846 b

1   requirements of the summary, which shall be statistical in

2   nature except for a high-level narrative evaluating the

3   impact of internal and external factors on the accuracy of

4   the directory and the timeliness of updates. The network

5   plan shall submit the audit to the Director upon request.

6   As part of these self-audits audits, the network plan

7   shall contact any provider in its network that has not

8   submitted a claim to the plan or otherwise communicated

9   his or her intent to continue participation in the plan's

10  network. The self-audits shall comply with 42 U.S.C.

11  300gg-115(a)(2), except that "provider directory

12  information" shall include all information required to be

13  included in a provider directory pursuant to this Act.

14  (4) A network plan shall provide a printed copy of a

15  current provider directory or a printed copy of the

16  requested directory information upon request of a

17  beneficiary or a prospective beneficiary. Except when an

18  issuer's printed copies use the same provider information

19  as the electronic provider directory on each printed

20  copy's date of printing, printed Printed copies must be

21  updated at least every 90 days quarterly and an errata

22  that reflects changes in the provider network must be

23  included in each update updated quarterly.

24  (5) For each network plan, a network plan shall

25  include, in plain language in both the electronic and

26  print directory, the following general information:
    HB3800 Enrolled     - 132 - LRB104 09780 BAB 19846 b

1   (A) in plain language, a description of the

2   criteria the plan has used to build its provider

3   network;

4   (B) if applicable, in plain language, a

5   description of the criteria the issuer insurer or

6   network plan has used to create tiered networks;

7   (C) if applicable, in plain language, how the

8   network plan designates the different provider tiers

9   or levels in the network and identifies for each

10  specific provider, hospital, or other type of facility

11  in the network which tier each is placed, for example,

12  by name, symbols, or grouping, in order for a

13  beneficiary-covered person or a prospective

14  beneficiary-covered person to be able to identify the

15  provider tier; and

16  (D) if applicable, a notation that authorization

17  or referral may be required to access some providers;.

18  (E) a telephone number and email address for a

19  customer service representative to whom directory

20  inaccuracies may be reported; and

21  (F) a detailed description of the process to

22  dispute charges for out-of-network providers,

23  hospitals, or facilities that were incorrectly listed

24  as in-network prior to the provision of care and a

25  telephone number and email address to dispute such

26  charges.
    HB3800 Enrolled  - 133 - LRB104 09780 BAB 19846 b

1   (6) A network plan shall make it clear for both its

2   electronic and print directories what provider directory

3   applies to which network plan, such as including the

4   specific name of the network plan as marketed and issued

5   in this State. The network plan shall include in both its

6   electronic and print directories a customer service email

7   address and telephone number or electronic link that

8   beneficiaries or the general public may use to notify the

9   network plan of inaccurate provider directory information

10  and contact information for the Department's Office of

11  Consumer Health Insurance.

12  (7) A provider directory, whether in electronic or

13  print format, shall accommodate the communication needs of

14  individuals with disabilities, and include a link to or

15  information regarding available assistance for persons

16  with limited English proficiency.

17  (b) For each network plan, a network plan shall make

18 available through an electronic provider directory the

19 following information in a searchable format:

20  (1) for health care professionals:

21  (A) name;

22  (B) gender;

23  (C) participating office locations;

24  (D) patient population served (such as pediatric,

25  adult, elderly, or women) and specialty or

26  subspecialty, if applicable;
    HB3800 Enrolled      - 134 - LRB104 09780 BAB 19846 b

1   (E) medical group affiliations, if applicable;

2   (F) facility affiliations, if applicable;

3   (G) participating facility affiliations, if

4   applicable;

5   (H) languages spoken other than English, if

6   applicable;

7   (I) whether accepting new patients;

8   (J) board certifications, if applicable; and

9   (K) use of telehealth or telemedicine, including,

10  but not limited to:

11                   (i) whether the provider offers the use of

12  telehealth or telemedicine to deliver services to

13  patients for whom it would be clinically

14  appropriate;

15                   (ii) what modalities are used and what types

16  of services may be provided via telehealth or

17  telemedicine; and

18                   (iii) whether the provider has the ability and

19  willingness to include in a telehealth or

20  telemedicine encounter a family caregiver who is

21  in a separate location than the patient if the

22  patient wishes and provides his or her consent;

23                   (L) whether the health care professional

24  accepts appointment requests from patients; and

25                   (M) the anticipated date the provider will

26  leave the network, if applicable, which shall be
    HB3800 Enrolled     - 135 - LRB104 09780 BAB 19846 b

1   included no more than 10 days after the issuer

2   confirms that the provider is scheduled to leave

3   the network;

4   (2) for hospitals:

5   (A) hospital name;

6   (B) hospital type (such as acute, rehabilitation,

7   children's, or cancer);

8   (C) participating hospital location; and

9   (D) hospital accreditation status; and

10  (E) the anticipated date the hospital will leave

11  the network, if applicable, which shall be included no

12  more than 10 days after the issuer confirms the

13  hospital is scheduled to leave the network; and

14  (3) for facilities, other than hospitals, by type:

15  (A) facility name;

16  (B) facility type;

17  (C) types of services performed; and

18  (D) participating facility location or locations;

19  and.

20  (E) the anticipated date the facility will leave

21  the network, if applicable, which shall be included no

22  more than 10 days after the issuer confirms the

23  facility is scheduled to leave the network.

24  (c) For the electronic provider directories, for each

25 network plan, a network plan shall make available all of the

26 following information in addition to the searchable
    HB3800 Enrolled     - 136 - LRB104 09780 BAB 19846 b

1 information required in this Section:

2   (1) for health care professionals:

3            (A) contact information, including both a

4   telephone number and digital contact information if

5   the provider has supplied digital contact information;

6   and

7            (B) languages spoken other than English by

8   clinical staff, if applicable;

9   (2) for hospitals, telephone number and digital

10  contact information; and

11  (3) for facilities other than hospitals, telephone

12  number.

13  (d) The issuer insurer or network plan shall make

14 available in print, upon request, the following provider

15 directory information for the applicable network plan:

16  (1) for health care professionals:

17           (A) name;

18           (B) contact information, including a telephone

19  number and digital contact information if the provider

20  has supplied digital contact information;

21           (C) participating office location or locations;

22           (D) patient population (such as pediatric, adult,

23  elderly, or women) and specialty or subspecialty, if

24  applicable;

25           (E) languages spoken other than English, if

26  applicable;
    HB3800 Enrolled      - 137 - LRB104 09780 BAB 19846 b

1   (F) whether accepting new patients; and

2   (G) use of telehealth or telemedicine, including,

3   but not limited to:

4                    (i) whether the provider offers the use of

5   telehealth or telemedicine to deliver services to

6   patients for whom it would be clinically

7   appropriate;

8                    (ii) what modalities are used and what types

9   of services may be provided via telehealth or

10  telemedicine; and

11                   (iii) whether the provider has the ability and

12  willingness to include in a telehealth or

13  telemedicine encounter a family caregiver who is

14  in a separate location than the patient if the

15  patient wishes and provides his or her consent;

16  and

17  (H) whether the health care professional accepts

18  appointment requests from patients;

19  (2) for hospitals:

20  (A) hospital name;

21  (B) hospital type (such as acute, rehabilitation,

22  children's, or cancer); and

23  (C) participating hospital location, and telephone

24  number , and digital contact information; and

25  (3) for facilities, other than hospitals, by type:

26  (A) facility name;
    HB3800 Enrolled     - 138 - LRB104 09780 BAB 19846 b

1            (B) facility type;

2            (C) patient population (such as pediatric, adult,

3   elderly, or women) served, if applicable, and types of

4   services performed; and

5            (D) participating facility location or locations,

6   and telephone numbers, and digital contact information

7   for each location.

8   (e) The network plan shall include a disclosure in the

9 print format provider directory that the information included

10 in the directory is accurate as of the date of printing and

11 that beneficiaries or prospective beneficiaries should consult

12 the issuer's insurer's electronic provider directory on its

13 website and contact the provider. The network plan shall also

14 include a telephone number and email address in the print

15 format provider directory for a customer service

16 representative where the beneficiary can obtain current

17 provider directory information or report provider directory

18 inaccuracies. The printed provider directory shall include a

19 detailed description of the process to dispute charges for

20 out-of-network providers, hospitals, or facilities that were

21 incorrectly listed as in-network prior to the provision of

22 care and a telephone number and email address to dispute those

23 charges.

24  (f) The Director may conduct periodic audits of the

25 accuracy of provider directories. A network plan shall not be

26 subject to any fines or penalties for information required in
    HB3800 Enrolled         - 139 - LRB104 09780 BAB 19846 b

1 this Section that a provider submits that is inaccurate or

2 incomplete.

3   (g) To the extent not otherwise provided in this Act, an

4 issuer shall comply with the requirements of 42 U.S.C.

5 300gg-115, except that "provider directory information" shall

6 include all information required to be included in a provider

7 directory pursuant to this Section.

8   (h) If the issuer or the Department identifies a provider

9 incorrectly listed in the provider directory, the issuer shall

10 check each of the issuer's network plan provider directories

11 for the provider within 2 business days to ascertain whether

12 the provider is a preferred provider in that network plan and,

13 if the provider is incorrectly listed in the provider

14 directory, remove the provider from the provider directory

15 without delay.

16  (i) If the Director determines that an issuer violated

17 this Section, the Director may assess a fine up to $5,000 per

18 violation, except for inaccurate information given by a

19 provider to the issuer. If an issuer, or any entity or person

20 acting on the issuer's behalf, knew or reasonably should have

21 known that a provider was incorrectly included in a provider

22 directory, the Director may assess a fine of up to $25,000 per

23 violation against the issuer.

24  (j) This Section applies to network plans not otherwise

25 exempt under Section 3.

26 (Source: P.A. 102-92, eff. 7-9-21; 103-605, eff. 7-1-24.)
    HB3800 Enrolled   - 140 - LRB104 09780 BAB 19846 b

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

2   Sec. 25. Network transparency.

3   (a) A network plan shall post electronically an

4 up-to-date, accurate, and complete provider directory for each

5 of its network plans, with the information and search

6 functions, as described in this Section.

7   (1) In making the directory available electronically,

8   the network plans shall ensure that the general public is

9   able to view all of the current providers for a plan

10  through a clearly identifiable link or tab and without

11  creating or accessing an account or entering a policy or

12  contract number.

13  (2) An issuer's failure to update a network plan's

14  directory shall subject the issuer to a civil penalty of

15  $5,000 per month. Providers shall notify the network plan

16  electronically or in writing within 10 business days of

17  any changes to their information as listed in the provider

18  directory, including the information required in

19  subsections (b), (c), and (d). With regard to subparagraph

20  (I) of paragraph (1) of subsection (b), the provider must

21  give notice to the issuer within 20 business days of

22  deciding to cease accepting new patients covered by the

23  plan if the new patient limitation is expected to last 40

24  business days or longer. The network plan shall update its

25  online provider directory in a manner consistent with the
    HB3800 Enrolled  - 141 - LRB104 09780 BAB 19846 b

1   information provided by the provider within 2 business

2   days after being notified of the change by the provider.

3   Nothing in this paragraph (2) shall void any contractual

4   relationship between the provider and the plan.

5   (3) At least once every 90 days, the issuer shall

6   self-audit each network plan's provider directories for

7   accuracy, make any corrections necessary, and retain

8   documentation of the audit. The issuer shall submit the

9   self-audit and a summary to the Department, and the

10  Department shall make the summary of each self-audit

11  publicly available. The Department shall specify the

12  requirements of the summary, which shall be statistical in

13  nature except for a high-level narrative evaluating the

14  impact of internal and external factors on the accuracy of

15  the directory and the timeliness of updates. As part of

16  these self-audits, the network plan shall contact any

17  provider in its network that has not submitted a claim to

18  the plan or otherwise communicated his or her intent to

19  continue participation in the plan's network. The

20  self-audits shall comply with 42 U.S.C. 300gg-115(a)(2),

21  except that "provider directory information" shall include

22  all information required to be included in a provider

23  directory pursuant to this Act.

24  (4) A network plan shall provide a printed print copy

25  of a current provider directory or a printed print copy of

26  the requested directory information upon request of a
    HB3800 Enrolled  - 142 - LRB104 09780 BAB 19846 b

1   beneficiary or a prospective beneficiary. Except when an

2   issuer's printed print copies use the same provider

3   information as the electronic provider directory on each

4   printed print copy's date of printing, printed print

5   copies must be updated at least every 90 days and errata

6   that reflects changes in the provider network must be

7   included in each update.

8   (5) For each network plan, a network plan shall

9   include, in plain language in both the electronic and

10  print directory, the following general information:

11  (A) in plain language, a description of the

12  criteria the plan has used to build its provider

13  network;

14  (B) if applicable, in plain language, a

15  description of the criteria the issuer or network plan

16  has used to create tiered networks;

17  (C) if applicable, in plain language, how the

18  network plan designates the different provider tiers

19  or levels in the network and identifies for each

20  specific provider, hospital, or other type of facility

21  in the network which tier each is placed, for example,

22  by name, symbols, or grouping, in order for a

23  beneficiary-covered person or a prospective

24  beneficiary-covered person to be able to identify the

25  provider tier;

26  (D) if applicable, a notation that authorization
    HB3800 Enrolled  - 143 - LRB104 09780 BAB 19846 b

1   or referral may be required to access some providers;

2   (E) a telephone number and email address for a

3   customer service representative to whom directory

4   inaccuracies may be reported; and

5   (F) a detailed description of the process to

6   dispute charges for out-of-network providers,

7   hospitals, or facilities that were incorrectly listed

8   as in-network prior to the provision of care and a

9   telephone number and email address to dispute such

10  charges.

11  (6) A network plan shall make it clear for both its

12  electronic and print directories what provider directory

13  applies to which network plan, such as including the

14  specific name of the network plan as marketed and issued

15  in this State. The network plan shall include in both its

16  electronic and print directories a customer service email

17  address and telephone number or electronic link that

18  beneficiaries or the general public may use to notify the

19  network plan of inaccurate provider directory information

20  and contact information for the Department's Office of

21  Consumer Health Insurance.

22  (7) A provider directory, whether in electronic or

23  print format, shall accommodate the communication needs of

24  individuals with disabilities, and include a link to or

25  information regarding available assistance for persons

26  with limited English proficiency.
    HB3800 Enrolled      - 144 - LRB104 09780 BAB 19846 b

1   (b) For each network plan, a network plan shall make

2 available through an electronic provider directory the

3 following information in a searchable format:

4   (1) for health care professionals:

5   (A) name;

6   (B) gender;

7   (C) participating office locations;

8   (D) patient population served (such as pediatric,

9   adult, elderly, or women) and specialty or

10  subspecialty, if applicable;

11  (E) medical group affiliations, if applicable;

12  (F) facility affiliations, if applicable;

13  (G) participating facility affiliations, if

14  applicable;

15  (H) languages spoken other than English, if

16  applicable;

17  (I) whether accepting new patients;

18  (J) board certifications, if applicable;

19  (K) use of telehealth or telemedicine, including,

20  but not limited to:

21                   (i) whether the provider offers the use of

22  telehealth or telemedicine to deliver services to

23  patients for whom it would be clinically

24  appropriate;

25                   (ii) what modalities are used and what types

26  of services may be provided via telehealth or
    HB3800 Enrolled     - 145 - LRB104 09780 BAB 19846 b

1   telemedicine; and

2                    (iii) whether the provider has the ability and

3   willingness to include in a telehealth or

4   telemedicine encounter a family caregiver who is

5   in a separate location than the patient if the

6   patient wishes and provides his or her consent;

7   (L) whether the health care professional accepts

8   appointment requests from patients; and

9   (M) the anticipated date the provider will leave

10  the network, if applicable, which shall be included no

11  more than 10 days after the issuer confirms that the

12  provider is scheduled to leave the network;

13  (2) for hospitals:

14  (A) hospital name;

15  (B) hospital type (such as acute, rehabilitation,

16  children's, or cancer);

17  (C) participating hospital location;

18  (D) hospital accreditation status; and

19  (E) the anticipated date the hospital will leave

20  the network, if applicable, which shall be included no

21  more than 10 days after the issuer confirms the

22  hospital is scheduled to leave the network; and

23  (3) for facilities, other than hospitals, by type:

24  (A) facility name;

25  (B) facility type;

26  (C) types of services performed;
    HB3800 Enrolled     - 146 - LRB104 09780 BAB 19846 b

1            (D) participating facility location or locations;

2   and

3            (E) the anticipated date the facility will leave

4   the network, if applicable, which shall be included no

5   more than 10 days after the issuer confirms the

6   facility is scheduled to leave the network.

7   (c) For the electronic provider directories, for each

8 network plan, a network plan shall make available all of the

9 following information in addition to the searchable

10 information required in this Section:

11  (1) for health care professionals:

12           (A) contact information, including both a

13  telephone number and digital contact information if

14  the provider has supplied digital contact information;

15  and

16           (B) languages spoken other than English by

17  clinical staff, if applicable;

18  (2) for hospitals, telephone number and digital

19  contact information; and

20  (3) for facilities other than hospitals, telephone

21  number.

22  (d) The issuer or network plan shall make available in

23 print, upon request, the following provider directory

24 information for the applicable network plan:

25  (1) for health care professionals:

26           (A) name;
    HB3800 Enrolled      - 147 - LRB104 09780 BAB 19846 b

1   (B) contact information, including a telephone

2   number and digital contact information if the provider

3   has supplied digital contact information;

4   (C) participating office location or locations;

5   (D) patient population (such as pediatric, adult,

6   elderly, or women) and specialty or subspecialty, if

7   applicable;

8   (E) languages spoken other than English, if

9   applicable;

10  (F) whether accepting new patients;

11  (G) use of telehealth or telemedicine, including,

12  but not limited to:

13                   (i) whether the provider offers the use of

14  telehealth or telemedicine to deliver services to

15  patients for whom it would be clinically

16  appropriate;

17                   (ii) what modalities are used and what types

18  of services may be provided via telehealth or

19  telemedicine; and

20                   (iii) whether the provider has the ability and

21  willingness to include in a telehealth or

22  telemedicine encounter a family caregiver who is

23  in a separate location than the patient if the

24  patient wishes and provides his or her consent;

25  and

26  (H) whether the health care professional accepts
    HB3800 Enrolled     - 148 - LRB104 09780 BAB 19846 b

1   appointment requests from patients;.

2   (2) for hospitals:

3   (A) hospital name;

4   (B) hospital type (such as acute, rehabilitation,

5   children's, or cancer); and

6   (C) participating hospital location, telephone

7   number, and digital contact information; and

8   (3) for facilities, other than hospitals, by type:

9   (A) facility name;

10  (B) facility type;

11  (C) patient population (such as pediatric, adult,

12  elderly, or women) served, if applicable, and types of

13  services performed; and

14  (D) participating facility location or locations,

15  telephone numbers, and digital contact information for

16  each location.

17  (e) The network plan shall include a disclosure in the

18 print format provider directory that the information included

19 in the directory is accurate as of the date of printing and

20 that beneficiaries or prospective beneficiaries should consult

21 the issuer's electronic provider directory on its website and

22 contact the provider. The network plan shall also include a

23 telephone number and email address in the print format

24 provider directory for a customer service representative where

25 the beneficiary can obtain current provider directory

26 information or report provider directory inaccuracies. The
    HB3800 Enrolled  - 149 - LRB104 09780 BAB 19846 b

1 printed provider directory shall include a detailed

2 description of the process to dispute charges for

3 out-of-network providers, hospitals, or facilities that were

4 incorrectly listed as in-network prior to the provision of

5 care and a telephone number and email address to dispute those

6 charges.

7   (f) The Director may conduct periodic audits of the

8 accuracy of provider directories. A network plan shall not be

9 subject to any fines or penalties for information required in

10 this Section that a provider submits that is inaccurate or

11 incomplete.

12  (g) To the extent not otherwise provided in this Act, an

13 issuer shall comply with the requirements of 42 U.S.C.

14 300gg-115, except that "provider directory information" shall

15 include all information required to be included in a provider

16 directory pursuant to this Section.

17  (h) If the issuer or the Department identifies a provider

18 incorrectly listed in the provider directory, the issuer shall

19 check each of the issuer's network plan provider directories

20 for the provider within 2 business days to ascertain whether

21 the provider is a preferred provider in that network plan and,

22 if the provider is incorrectly listed in the provider

23 directory, remove the provider from the provider directory

24 without delay.

25  (i) If the Director determines that an issuer violated

26 this Section, the Director may assess a fine up to $5,000 per
    HB3800 Enrolled   - 150 - LRB104 09780 BAB 19846 b

1 violation, except for inaccurate information given by a

2 provider to the issuer. If an issuer, or any entity or person

3 acting on the issuer's behalf, knew or reasonably should have

4 known that a provider was incorrectly included in a provider

5 directory, the Director may assess a fine of up to $25,000 per

6 violation against the issuer.

7   (j) This Section applies to network plans not otherwise

8 exempt under Section 3, including stand-alone dental plans.

9 (Source: P.A. 102-92, eff. 7-9-21; 103-650, eff. 1-1-25.)

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

11  Sec. 25. Network transparency.

12  (a) A network plan shall post electronically an

13 up-to-date, accurate, and complete provider directory for each

14 of its network plans, with the information and search

15 functions, as described in this Section.

16  (1) In making the directory available electronically,

17  the network plans shall ensure that the general public is

18  able to view all of the current providers for a plan

19  through a clearly identifiable link or tab and without

20  creating or accessing an account or entering a policy or

21  contract number.

22  (2) An issuer's failure to update a network plan's

23  directory shall subject the issuer to a civil penalty of

24  $5,000 per month. The network plan shall update the online

25  provider directory at least monthly. Providers shall
    HB3800 Enrolled         - 151 - LRB104 09780 BAB 19846 b

1   notify the network plan electronically or in writing

2   within 10 business days of any changes to their

3   information as listed in the provider directory, including

4   the information required in subsections (b), (c), and (d)

5   subparagraph (K) of paragraph (1) of subsection (b). With

6   regard to subparagraph (I) of paragraph (1) of subsection

7   (b), the provider must give notice to the issuer within 20

8   business days of deciding to cease accepting new patients

9   covered by the plan if the new patient limitation is

10  expected to last 40 business days or longer. The network

11  plan shall update its online provider directory in a

12  manner consistent with the information provided by the

13  provider within 2 10 business days after being notified of

14  the change by the provider. Nothing in this paragraph (2)

15  shall void any contractual relationship between the

16  provider and the plan.

17  (3) At least once every 90 days, the issuer shall

18  self-audit each network plan's The network plan shall

19  audit periodically at least 25% of its provider

20  directories for accuracy, make any corrections necessary,

21  and retain documentation of the audit. The issuer shall

22  submit the self-audit and a summary to the Department, and

23  the Department shall make the summary of each self-audit

24  publicly available. The Department shall specify the

25  requirements of the summary, which shall be statistical in

26  nature except for a high-level narrative evaluating the
    HB3800 Enrolled  - 152 - LRB104 09780 BAB 19846 b

1   impact of internal and external factors on the accuracy of

2   the directory and the timeliness of updates. The network

3   plan shall submit the audit to the Director upon request.

4   As part of these self-audits audits, the network plan

5   shall contact any provider in its network that has not

6   submitted a claim to the plan or otherwise communicated

7   his or her intent to continue participation in the plan's

8   network. The self-audits shall comply with 42 U.S.C.

9   300gg-115(a)(2), except that "provider directory

10  information" shall include all information required to be

11  included in a provider directory pursuant to this Act.

12  (4) A network plan shall provide a printed copy of a

13  current provider directory or a printed copy of the

14  requested directory information upon request of a

15  beneficiary or a prospective beneficiary. Except when an

16  issuer's printed copies use the same provider information

17  as the electronic provider directory on each printed

18  copy's date of printing, printed Printed copies must be

19  updated at least every 90 days quarterly and an errata

20  that reflects changes in the provider network must be

21  included in each update updated quarterly.

22  (5) For each network plan, a network plan shall

23  include, in plain language in both the electronic and

24  print directory, the following general information:

25  (A) in plain language, a description of the

26  criteria the plan has used to build its provider
    HB3800 Enrolled     - 153 - LRB104 09780 BAB 19846 b

1   network;

2   (B) if applicable, in plain language, a

3   description of the criteria the issuer insurer or

4   network plan has used to create tiered networks;

5   (C) if applicable, in plain language, how the

6   network plan designates the different provider tiers

7   or levels in the network and identifies for each

8   specific provider, hospital, or other type of facility

9   in the network which tier each is placed, for example,

10  by name, symbols, or grouping, in order for a

11  beneficiary-covered person or a prospective

12  beneficiary-covered person to be able to identify the

13  provider tier; and

14  (D) if applicable, a notation that authorization

15  or referral may be required to access some providers;.

16  (E) a telephone number and email address for a

17  customer service representative to whom directory

18  inaccuracies may be reported; and

19  (F) a detailed description of the process to

20  dispute charges for out-of-network providers,

21  hospitals, or facilities that were incorrectly listed

22  as in-network prior to the provision of care and a

23  telephone number and email address to dispute such

24  charges.

25  (6) A network plan shall make it clear for both its

26  electronic and print directories what provider directory
    HB3800 Enrolled  - 154 - LRB104 09780 BAB 19846 b

1   applies to which network plan, such as including the

2   specific name of the network plan as marketed and issued

3   in this State. The network plan shall include in both its

4   electronic and print directories a customer service email

5   address and telephone number or electronic link that

6   beneficiaries or the general public may use to notify the

7   network plan of inaccurate provider directory information

8   and contact information for the Department's Office of

9   Consumer Health Insurance.

10  (7) A provider directory, whether in electronic or

11  print format, shall accommodate the communication needs of

12  individuals with disabilities, and include a link to or

13  information regarding available assistance for persons

14  with limited English proficiency.

15  (b) For each network plan, a network plan shall make

16 available through an electronic provider directory the

17 following information in a searchable format:

18  (1) for health care professionals:

19  (A) name;

20  (B) gender;

21  (C) participating office locations;

22  (D) patient population served (such as pediatric,

23  adult, elderly, or women) and specialty or

24  subspecialty, if applicable;

25  (E) medical group affiliations, if applicable;

26  (F) facility affiliations, if applicable;
    HB3800 Enrolled      - 155 - LRB104 09780 BAB 19846 b

1   (G) participating facility affiliations, if

2   applicable;

3   (H) languages spoken other than English, if

4   applicable;

5   (I) whether accepting new patients;

6   (J) board certifications, if applicable; and

7   (K) use of telehealth or telemedicine, including,

8   but not limited to:

9                    (i) whether the provider offers the use of

10  telehealth or telemedicine to deliver services to

11  patients for whom it would be clinically

12  appropriate;

13                   (ii) what modalities are used and what types

14  of services may be provided via telehealth or

15  telemedicine; and

16                   (iii) whether the provider has the ability and

17  willingness to include in a telehealth or

18  telemedicine encounter a family caregiver who is

19  in a separate location than the patient if the

20  patient wishes and provides his or her consent;

21                   (L) whether the health care professional

22  accepts appointment requests from patients; and

23                   (M) the anticipated date the provider will

24  leave the network, if applicable, which shall be

25  included no more than 10 days after the issuer

26  confirms that the provider is scheduled to leave
    HB3800 Enrolled     - 156 - LRB104 09780 BAB 19846 b

1   the network;

2   (2) for hospitals:

3   (A) hospital name;

4   (B) hospital type (such as acute, rehabilitation,

5   children's, or cancer);

6   (C) participating hospital location; and

7   (D) hospital accreditation status; and

8   (E) the anticipated date the hospital will leave

9   the network, if applicable, which shall be included no

10  more than 10 days after the issuer confirms the

11  hospital is scheduled to leave the network; and

12  (3) for facilities, other than hospitals, by type:

13  (A) facility name;

14  (B) facility type;

15  (C) types of services performed; and

16  (D) participating facility location or locations;

17  and.

18  (E) the anticipated date the facility will leave

19  the network, if applicable, which shall be included no

20  more than 10 days after the issuer confirms the

21  facility is scheduled to leave the network.

22  (c) For the electronic provider directories, for each

23 network plan, a network plan shall make available all of the

24 following information in addition to the searchable

25 information required in this Section:

26  (1) for health care professionals:
    HB3800 Enrolled     - 157 - LRB104 09780 BAB 19846 b

1            (A) contact information, including both a

2   telephone number and digital contact information if

3   the provider has supplied digital contact information;

4   and

5            (B) languages spoken other than English by

6   clinical staff, if applicable;

7   (2) for hospitals, telephone number and digital

8   contact information; and

9   (3) for facilities other than hospitals, telephone

10  number.

11  (d) The issuer insurer or network plan shall make

12 available in print, upon request, the following provider

13 directory information for the applicable network plan:

14  (1) for health care professionals:

15           (A) name;

16           (B) contact information, including a telephone

17  number and digital contact information if the provider

18  has supplied digital contact information;

19           (C) participating office location or locations;

20           (D) patient population (such as pediatric, adult,

21  elderly, or women) and specialty or subspecialty, if

22  applicable;

23           (E) languages spoken other than English, if

24  applicable;

25           (F) whether accepting new patients; and

26           (G) use of telehealth or telemedicine, including,
    HB3800 Enrolled      - 158 - LRB104 09780 BAB 19846 b

1   but not limited to:

2                    (i) whether the provider offers the use of

3   telehealth or telemedicine to deliver services to

4   patients for whom it would be clinically

5   appropriate;

6                    (ii) what modalities are used and what types

7   of services may be provided via telehealth or

8   telemedicine; and

9                    (iii) whether the provider has the ability and

10  willingness to include in a telehealth or

11  telemedicine encounter a family caregiver who is

12  in a separate location than the patient if the

13  patient wishes and provides his or her consent;

14  and

15  (H) whether the health care professional accepts

16  appointment requests from patients;

17  (2) for hospitals:

18  (A) hospital name;

19  (B) hospital type (such as acute, rehabilitation,

20  children's, or cancer); and

21  (C) participating hospital location, and telephone

22  number, and digital contact information; and

23  (3) for facilities, other than hospitals, by type:

24  (A) facility name;

25  (B) facility type;

26  (C) patient population (such as pediatric, adult,
    HB3800 Enrolled     - 159 - LRB104 09780 BAB 19846 b

1   elderly, or women) served, if applicable, and types of

2   services performed; and

3               (D) participating facility location or locations,

4   and telephone numbers, and digital contact information

5   for each location.

6   (e) The network plan shall include a disclosure in the

7 print format provider directory that the information included

8 in the directory is accurate as of the date of printing and

9 that beneficiaries or prospective beneficiaries should consult

10 the issuer's insurer's electronic provider directory on its

11 website and contact the provider. The network plan shall also

12 include a telephone number and email address in the print

13 format provider directory for a customer service

14 representative where the beneficiary can obtain current

15 provider directory information or report provider directory

16 inaccuracies. The printed provider directory shall include a

17 detailed description of the process to dispute charges for

18 out-of-network providers, hospitals, or facilities that were

19 incorrectly listed as in-network prior to the provision of

20 care and a telephone number and email address to dispute those

21 charges.

22  (f) The Director may conduct periodic audits of the

23 accuracy of provider directories. A network plan shall not be

24 subject to any fines or penalties for information required in

25 this Section that a provider submits that is inaccurate or

26 incomplete.
    HB3800 Enrolled    - 160 - LRB104 09780 BAB 19846 b

1   (g) To the extent not otherwise provided in this Act, an

2 issuer shall comply with the requirements of 42 U.S.C.

3 300gg-115, except that "provider directory information" shall

4 include all information required to be included in a provider

5 directory pursuant to this Section.

6   (h) If the issuer or the Department identifies a provider

7 incorrectly listed in the provider directory, the issuer shall

8 check each of the issuer's network plan provider directories

9 for the provider within 2 business days to ascertain whether

10 the provider is a preferred provider in that network plan and,

11 if the provider is incorrectly listed in the provider

12 directory, remove the provider from the provider directory

13 without delay.

14  (i) If the Director determines that an issuer violated

15 this Section, the Director may assess a fine up to $5,000 per

16 violation, except for inaccurate information given by a

17 provider to the issuer. If an issuer, or any entity or person

18 acting on the issuer's behalf, knew or reasonably should have

19 known that a provider was incorrectly included in a provider

20 directory, the Director may assess a fine of up to $25,000 per

21 violation against the issuer.

22  (j) (g) This Section applies to network plans that are not

23 otherwise exempt under Section 3, including stand-alone dental

24 plans that are subject to provider directory requirements

25 under federal law.

26 (Source: P.A. 102-92, eff. 7-9-21; 103-777, eff. 1-1-25.)
   HB3800 Enrolled  - 161 - LRB104 09780 BAB 19846 b

1  Section 20. The Health Maintenance Organization Act is

2 amended by changing Section 5-3 as follows:

3  (215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)

4  (Text of Section before amendment by P.A. 103-808)

5  Sec. 5-3. Insurance Code provisions.

6  (a) Health Maintenance Organizations shall be subject to

7 the provisions of Sections 133, 134, 136, 137, 139, 140,

8 141.1, 141.2, 141.3, 143, 143.31, 143c, 147, 148, 149, 151,

9 152, 153, 154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a,

10 155.49, 352c, 355.2, 355.3, 355.6, 355b, 355c, 356f, 356g.5-1,

11 356m, 356q, 356u.10, 356v, 356w, 356x, 356z.2, 356z.3a,

12 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, 356z.9, 356z.10,

13 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.18,

14 356z.19, 356z.20, 356z.21, 356z.22, 356z.23, 356z.24, 356z.25,

15 356z.26, 356z.28, 356z.29, 356z.30, 356z.31, 356z.32, 356z.33,

16 356z.34, 356z.35, 356z.36, 356z.37, 356z.38, 356z.39, 356z.40,

17 356z.40a, 356z.41, 356z.44, 356z.45, 356z.46, 356z.47,

18 356z.48, 356z.49, 356z.50, 356z.51, 356z.53, 356z.54, 356z.55,

19 356z.56, 356z.57, 356z.58, 356z.59, 356z.60, 356z.61, 356z.62,

20 356z.63, 356z.64, 356z.65, 356z.66, 356z.67, 356z.68, 356z.69,

21 356z.70, 356z.71, 356z.72, 356z.73, 356z.74, 356z.75, 356z.76,

22 356z.77, 356z.78, 364, 364.01, 364.3, 367.2, 367.2-5, 367i,

23 368a, 368b, 368c, 368d, 368e, 370c, 370c.1, 401, 401.1, 402,

24 403, 403A, 408, 408.2, 409, 412, 444, and 444.1, paragraph (c)
    HB3800 Enrolled         - 162 - LRB104 09780 BAB 19846 b

1 of subsection (2) of Section 367, and Articles IIA, VIII 1/2,

2 XII, XII 1/2, XIII, XIII 1/2, XXV, XXVI, and XXXIIB of the

3 Illinois Insurance Code.

4   (b) For purposes of the Illinois Insurance Code, except

5 for Sections 444 and 444.1 and Articles XIII and XIII 1/2,

6 Health Maintenance Organizations in the following categories

7 are deemed to be "domestic companies":

8   (1) a corporation authorized under the Dental Service

9   Plan Act or the Voluntary Health Services Plans Act;

10  (2) a corporation organized under the laws of this

11  State; or

12  (3) a corporation organized under the laws of another

13  state, 30% or more of the enrollees of which are residents

14  of this State, except a corporation subject to

15  substantially the same requirements in its state of

16  organization as is a "domestic company" under Article VIII

17  1/2 of the Illinois Insurance Code.

18  (c) In considering the merger, consolidation, or other

19 acquisition of control of a Health Maintenance Organization

20 pursuant to Article VIII 1/2 of the Illinois Insurance Code,

21  (1) the Director shall give primary consideration to

22  the continuation of benefits to enrollees and the

23  financial conditions of the acquired Health Maintenance

24  Organization after the merger, consolidation, or other

25  acquisition of control takes effect;

26  (2)(i) the criteria specified in subsection (1)(b) of
    HB3800 Enrolled         - 163 - LRB104 09780 BAB 19846 b

1   Section 131.8 of the Illinois Insurance Code shall not

2   apply and (ii) the Director, in making his determination

3   with respect to the merger, consolidation, or other

4   acquisition of control, need not take into account the

5   effect on competition of the merger, consolidation, or

6   other acquisition of control;

7   (3) the Director shall have the power to require the

8   following information:

9   (A) certification by an independent actuary of the

10  adequacy of the reserves of the Health Maintenance

11  Organization sought to be acquired;

12  (B) pro forma financial statements reflecting the

13  combined balance sheets of the acquiring company and

14  the Health Maintenance Organization sought to be

15  acquired as of the end of the preceding year and as of

16  a date 90 days prior to the acquisition, as well as pro

17  forma financial statements reflecting projected

18  combined operation for a period of 2 years;

19  (C) a pro forma business plan detailing an

20  acquiring party's plans with respect to the operation

21  of the Health Maintenance Organization sought to be

22  acquired for a period of not less than 3 years; and

23  (D) such other information as the Director shall

24  require.

25  (d) The provisions of Article VIII 1/2 of the Illinois

26 Insurance Code and this Section 5-3 shall apply to the sale by
    HB3800 Enrolled           - 164 - LRB104 09780 BAB 19846 b

1 any health maintenance organization of greater than 10% of its

2 enrollee population (including, without limitation, the health

3 maintenance organization's right, title, and interest in and

4 to its health care certificates).

5   (e) In considering any management contract or service

6 agreement subject to Section 141.1 of the Illinois Insurance

7 Code, the Director (i) shall, in addition to the criteria

8 specified in Section 141.2 of the Illinois Insurance Code,

9 take into account the effect of the management contract or

10 service agreement on the continuation of benefits to enrollees

11 and the financial condition of the health maintenance

12 organization to be managed or serviced, and (ii) need not take

13 into account the effect of the management contract or service

14 agreement on competition.

15  (f) Except for small employer groups as defined in the

16 Small Employer Rating, Renewability and Portability Health

17 Insurance Act and except for medicare supplement policies as

18 defined in Section 363 of the Illinois Insurance Code, a

19 Health Maintenance Organization may by contract agree with a

20 group or other enrollment unit to effect refunds or charge

21 additional premiums under the following terms and conditions:

22  (i) the amount of, and other terms and conditions with

23  respect to, the refund or additional premium are set forth

24  in the group or enrollment unit contract agreed in advance

25  of the period for which a refund is to be paid or

26  additional premium is to be charged (which period shall
    HB3800 Enrolled  - 165 - LRB104 09780 BAB 19846 b

1   not be less than one year); and

2   (ii) the amount of the refund or additional premium

3   shall not exceed 20% of the Health Maintenance

4   Organization's profitable or unprofitable experience with

5   respect to the group or other enrollment unit for the

6   period (and, for purposes of a refund or additional

7   premium, the profitable or unprofitable experience shall

8   be calculated taking into account a pro rata share of the

9   Health Maintenance Organization's administrative and

10  marketing expenses, but shall not include any refund to be

11  made or additional premium to be paid pursuant to this

12  subsection (f)). The Health Maintenance Organization and

13  the group or enrollment unit may agree that the profitable

14  or unprofitable experience may be calculated taking into

15  account the refund period and the immediately preceding 2

16  plan years.

17  The Health Maintenance Organization shall include a

18 statement in the evidence of coverage issued to each enrollee

19 describing the possibility of a refund or additional premium,

20 and upon request of any group or enrollment unit, provide to

21 the group or enrollment unit a description of the method used

22 to calculate (1) the Health Maintenance Organization's

23 profitable experience with respect to the group or enrollment

24 unit and the resulting refund to the group or enrollment unit

25 or (2) the Health Maintenance Organization's unprofitable

26 experience with respect to the group or enrollment unit and
   HB3800 Enrolled  - 166 - LRB104 09780 BAB 19846 b

1 the resulting additional premium to be paid by the group or

2 enrollment unit.

3  In no event shall the Illinois Health Maintenance

4 Organization Guaranty Association be liable to pay any

5 contractual obligation of an insolvent organization to pay any

6 refund authorized under this Section.

7  (g) Rulemaking authority to implement Public Act 95-1045,

8 if any, is conditioned on the rules being adopted in

9 accordance with all provisions of the Illinois Administrative

10 Procedure Act and all rules and procedures of the Joint

11 Committee on Administrative Rules; any purported rule not so

12 adopted, for whatever reason, is unauthorized.

13 (Source: P.A. 102-30, eff. 1-1-22; 102-34, eff. 6-25-21;

14 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.

15 1-1-22; 102-589, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665,

16 eff. 10-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22;

17 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff.

18 1-1-23; 102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093,

19 eff. 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24;

20 103-91, eff. 1-1-24; 103-123, eff. 1-1-24; 103-154, eff.

21 6-30-23; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445,

22 eff. 1-1-24; 103-551, eff. 8-11-23; 103-605, eff. 7-1-24;

23 103-618, eff. 1-1-25; 103-649, eff. 1-1-25; 103-656, eff.

24 1-1-25; 103-700, eff. 1-1-25; 103-718, eff. 7-19-24; 103-751,

25 eff. 8-2-24; 103-753, eff. 8-2-24; 103-758, eff. 1-1-25;

26 103-777, eff. 8-2-24; 103-914, eff. 1-1-25; 103-918, eff.
   HB3800 Enrolled  - 167 - LRB104 09780 BAB 19846 b

1 1-1-25; 103-1024, eff. 1-1-25; revised 9-26-24.)

2  (Text of Section after amendment by P.A. 103-808)

3  Sec. 5-3. Insurance Code provisions.

4  (a) Health Maintenance Organizations shall be subject to

5 the provisions of Sections 133, 134, 136, 137, 139, 140,

6 141.1, 141.2, 141.3, 143, 143.31, 143c, 147, 148, 149, 151,

7 152, 153, 154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a,

8 155.49, 352c, 355.2, 355.3, 355.6, 355b, 355c, 356f, 356g,

9 356g.5-1, 356m, 356q, 356u.10, 356v, 356w, 356x, 356z.2,

10 356z.3a, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, 356z.9,

11 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17,

12 356z.18, 356z.19, 356z.20, 356z.21, 356z.22, 356z.23, 356z.24,

13 356z.25, 356z.26, 356z.28, 356z.29, 356z.30, 356z.31, 356z.32,

14 356z.33, 356z.34, 356z.35, 356z.36, 356z.37, 356z.38, 356z.39,

15 356z.40, 356z.40a, 356z.41, 356z.44, 356z.45, 356z.46,

16 356z.47, 356z.48, 356z.49, 356z.50, 356z.51, 356z.53, 356z.54,

17 356z.55, 356z.56, 356z.57, 356z.58, 356z.59, 356z.60, 356z.61,

18 356z.62, 356z.63, 356z.64, 356z.65, 356z.66, 356z.67, 356z.68,

19 356z.69, 356z.70, 356z.71, 356z.72, 356z.73, 356z.74, 356z.75,

20 356z.76, 356z.77, 356z.78, 364, 364.01, 364.3, 367.2, 367.2-5,

21 367i, 368a, 368b, 368c, 368d, 368e, 370c, 370c.1, 401, 401.1,

22 402, 403, 403A, 408, 408.2, 409, 412, 444, and 444.1,

23 paragraph (c) of subsection (2) of Section 367, and Articles

24 IIA, VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV, XXVI, and

25 XXXIIB of the Illinois Insurance Code.
    HB3800 Enrolled  - 168 - LRB104 09780 BAB 19846 b

1   (b) For purposes of the Illinois Insurance Code, except

2 for Sections 444 and 444.1 and Articles XIII and XIII 1/2,

3 Health Maintenance Organizations in the following categories

4 are deemed to be "domestic companies":

5   (1) a corporation authorized under the Dental Service

6   Plan Act or the Voluntary Health Services Plans Act;

7   (2) a corporation organized under the laws of this

8   State; or

9   (3) a corporation organized under the laws of another

10  state, 30% or more of the enrollees of which are residents

11  of this State, except a corporation subject to

12  substantially the same requirements in its state of

13  organization as is a "domestic company" under Article VIII

14  1/2 of the Illinois Insurance Code.

15  (c) In considering the merger, consolidation, or other

16 acquisition of control of a Health Maintenance Organization

17 pursuant to Article VIII 1/2 of the Illinois Insurance Code,

18  (1) the Director shall give primary consideration to

19  the continuation of benefits to enrollees and the

20  financial conditions of the acquired Health Maintenance

21  Organization after the merger, consolidation, or other

22  acquisition of control takes effect;

23  (2)(i) the criteria specified in subsection (1)(b) of

24  Section 131.8 of the Illinois Insurance Code shall not

25  apply and (ii) the Director, in making his determination

26  with respect to the merger, consolidation, or other
    HB3800 Enrolled         - 169 - LRB104 09780 BAB 19846 b

1   acquisition of control, need not take into account the

2   effect on competition of the merger, consolidation, or

3   other acquisition of control;

4   (3) the Director shall have the power to require the

5   following information:

6   (A) certification by an independent actuary of the

7   adequacy of the reserves of the Health Maintenance

8   Organization sought to be acquired;

9   (B) pro forma financial statements reflecting the

10  combined balance sheets of the acquiring company and

11  the Health Maintenance Organization sought to be

12  acquired as of the end of the preceding year and as of

13  a date 90 days prior to the acquisition, as well as pro

14  forma financial statements reflecting projected

15  combined operation for a period of 2 years;

16  (C) a pro forma business plan detailing an

17  acquiring party's plans with respect to the operation

18  of the Health Maintenance Organization sought to be

19  acquired for a period of not less than 3 years; and

20  (D) such other information as the Director shall

21  require.

22  (d) The provisions of Article VIII 1/2 of the Illinois

23 Insurance Code and this Section 5-3 shall apply to the sale by

24 any health maintenance organization of greater than 10% of its

25 enrollee population (including, without limitation, the health

26 maintenance organization's right, title, and interest in and
    HB3800 Enrolled           - 170 - LRB104 09780 BAB 19846 b

1 to its health care certificates).

2   (e) In considering any management contract or service

3 agreement subject to Section 141.1 of the Illinois Insurance

4 Code, the Director (i) shall, in addition to the criteria

5 specified in Section 141.2 of the Illinois Insurance Code,

6 take into account the effect of the management contract or

7 service agreement on the continuation of benefits to enrollees

8 and the financial condition of the health maintenance

9 organization to be managed or serviced, and (ii) need not take

10 into account the effect of the management contract or service

11 agreement on competition.

12  (f) Except for small employer groups as defined in the

13 Small Employer Rating, Renewability and Portability Health

14 Insurance Act and except for medicare supplement policies as

15 defined in Section 363 of the Illinois Insurance Code, a

16 Health Maintenance Organization may by contract agree with a

17 group or other enrollment unit to effect refunds or charge

18 additional premiums under the following terms and conditions:

19  (i) the amount of, and other terms and conditions with

20  respect to, the refund or additional premium are set forth

21  in the group or enrollment unit contract agreed in advance

22  of the period for which a refund is to be paid or

23  additional premium is to be charged (which period shall

24  not be less than one year); and

25  (ii) the amount of the refund or additional premium

26  shall not exceed 20% of the Health Maintenance
    HB3800 Enrolled  - 171 - LRB104 09780 BAB 19846 b

1   Organization's profitable or unprofitable experience with

2   respect to the group or other enrollment unit for the

3   period (and, for purposes of a refund or additional

4   premium, the profitable or unprofitable experience shall

5   be calculated taking into account a pro rata share of the

6   Health Maintenance Organization's administrative and

7   marketing expenses, but shall not include any refund to be

8   made or additional premium to be paid pursuant to this

9   subsection (f)). The Health Maintenance Organization and

10  the group or enrollment unit may agree that the profitable

11  or unprofitable experience may be calculated taking into

12  account the refund period and the immediately preceding 2

13  plan years.

14  The Health Maintenance Organization shall include a

15 statement in the evidence of coverage issued to each enrollee

16 describing the possibility of a refund or additional premium,

17 and upon request of any group or enrollment unit, provide to

18 the group or enrollment unit a description of the method used

19 to calculate (1) the Health Maintenance Organization's

20 profitable experience with respect to the group or enrollment

21 unit and the resulting refund to the group or enrollment unit

22 or (2) the Health Maintenance Organization's unprofitable

23 experience with respect to the group or enrollment unit and

24 the resulting additional premium to be paid by the group or

25 enrollment unit.

26  In no event shall the Illinois Health Maintenance
   HB3800 Enrolled  - 172 - LRB104 09780 BAB 19846 b

1 Organization Guaranty Association be liable to pay any

2 contractual obligation of an insolvent organization to pay any

3 refund authorized under this Section.

4  (g) Rulemaking authority to implement Public Act 95-1045,

5 if any, is conditioned on the rules being adopted in

6 accordance with all provisions of the Illinois Administrative

7 Procedure Act and all rules and procedures of the Joint

8 Committee on Administrative Rules; any purported rule not so

9 adopted, for whatever reason, is unauthorized.

10 (Source: P.A. 102-30, eff. 1-1-22; 102-34, eff. 6-25-21;

11 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.

12 1-1-22; 102-589, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665,

13 eff. 10-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22;

14 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff.

15 1-1-23; 102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093,

16 eff. 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24;

17 103-91, eff. 1-1-24; 103-123, eff. 1-1-24; 103-154, eff.

18 6-30-23; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445,

19 eff. 1-1-24; 103-551, eff. 8-11-23; 103-605, eff. 7-1-24;

20 103-618, eff. 1-1-25; 103-649, eff. 1-1-25; 103-656, eff.

21 1-1-25; 103-700, eff. 1-1-25; 103-718, eff. 7-19-24; 103-751,

22 eff. 8-2-24; 103-753, eff. 8-2-24; 103-758, eff. 1-1-25;

23 103-777, eff. 8-2-24; 103-808, eff. 1-1-26; 103-914, eff.

24 1-1-25; 103-918, eff. 1-1-25; 103-1024, eff. 1-1-25; revised

25 11-26-24.)
    HB3800 Enrolled     - 173 - LRB104 09780 BAB 19846 b

1   Section 25. The Limited Health Service Organization Act is

2 amended by changing Section 4003 as follows:

3   (215 ILCS 130/4003) (from Ch. 73, par. 1504-3)

4   Sec. 4003. Illinois Insurance Code provisions. Limited

5 health service organizations shall be subject to the

6 provisions of Sections 133, 134, 136, 137, 139, 140, 141.1,

7 141.2, 141.3, 143, 143.31, 143c, 147, 148, 149, 151, 152, 153,

8 154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.37, 155.49, 352c,

9 355.2, 355.3, 355b, 355d, 356m, 356q, 356v, 356z.4, 356z.4a,

10 356z.10, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29, 356z.32,

11 356z.33, 356z.41, 356z.46, 356z.47, 356z.51, 356z.53, 356z.54,

12 356z.57, 356z.59, 356z.61, 356z.64, 356z.67, 356z.68, 356z.71,

13 356z.73, 356z.74, 356z.75, 364.3, 368a, 401, 401.1, 402, 403,

14 403A, 408, 408.2, 409, 412, 444, and 444.1 and Articles IIA,

15 VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV, and XXVI, and

16 XXXIIB of the Illinois Insurance Code. Nothing in this Section

17 shall require a limited health care plan to cover any service

18 that is not a limited health service. For purposes of the

19 Illinois Insurance Code, except for Sections 444 and 444.1 and

20 Articles XIII and XIII 1/2, limited health service

21 organizations in the following categories are deemed to be

22 domestic companies:

23  (1) a corporation under the laws of this State; or

24  (2) a corporation organized under the laws of another

25  state, 30% or more of the enrollees of which are residents
    HB3800 Enrolled      - 174 - LRB104 09780 BAB 19846 b

1   of this State, except a corporation subject to

2   substantially the same requirements in its state of

3   organization as is a domestic company under Article VIII

4   1/2 of the Illinois Insurance Code.

5 (Source: P.A. 102-30, eff. 1-1-22; 102-203, eff. 1-1-22;

6 102-306, eff. 1-1-22; 102-642, eff. 1-1-22; 102-731, eff.

7 1-1-23; 102-775, eff. 5-13-22; 102-813, eff. 5-13-22; 102-816,

8 eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23;

9 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff.

10 1-1-24; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445,

11 eff. 1-1-24; 103-605, eff. 7-1-24; 103-649, eff. 1-1-25;

12 103-656, eff. 1-1-25; 103-700, eff. 1-1-25; 103-718, eff.

13 7-19-24; 103-751, eff. 8-2-24; 103-758, eff. 1-1-25; 103-832,

14 eff. 1-1-25; 103-1024, eff. 1-1-25; revised 11-26-24.)

15  Section 30. The Criminal Code of 2012 is amended by

16 changing Section 17-0.5 as follows:

17  (720 ILCS 5/17-0.5)

18  Sec. 17-0.5. Definitions. In this Article:

19  "Altered credit card or debit card" means any instrument

20 or device, whether known as a credit card or debit card, which

21 has been changed in any respect by addition or deletion of any

22 material, except for the signature by the person to whom the

23 card is issued.

24  "Cardholder" means the person or organization named on the
    HB3800 Enrolled  - 175 - LRB104 09780 BAB 19846 b

1 face of a credit card or debit card to whom or for whose

2 benefit the credit card or debit card is issued by an issuer.

3   "Computer" means a device that accepts, processes, stores,

4 retrieves, or outputs data and includes, but is not limited

5 to, auxiliary storage, including cloud-based networks of

6 remote services hosted on the Internet, and telecommunications

7 devices connected to computers.

8   "Computer network" means a set of related, remotely

9 connected devices and any communications facilities including

10 more than one computer with the capability to transmit data

11 between them through the communications facilities.

12  "Computer program" or "program" means a series of coded

13 instructions or statements in a form acceptable to a computer

14 which causes the computer to process data and supply the

15 results of the data processing.

16  "Computer services" means computer time or services,

17 including data processing services, Internet services,

18 electronic mail services, electronic message services, or

19 information or data stored in connection therewith.

20  "Counterfeit" means to manufacture, produce or create, by

21 any means, a credit card or debit card without the purported

22 issuer's consent or authorization.

23  "Credit card" means any instrument or device, whether

24 known as a credit card, credit plate, charge plate or any other

25 name, issued with or without fee by an issuer for the use of

26 the cardholder in obtaining money, goods, services or anything
    HB3800 Enrolled     - 176 - LRB104 09780 BAB 19846 b

1 else of value on credit or in consideration or an undertaking

2 or guaranty by the issuer of the payment of a check drawn by

3 the cardholder.

4   "Data" means a representation in any form of information,

5 knowledge, facts, concepts, or instructions, including program

6 documentation, which is prepared or has been prepared in a

7 formalized manner and is stored or processed in or transmitted

8 by a computer or in a system or network. Data is considered

9 property and may be in any form, including, but not limited to,

10 printouts, magnetic or optical storage media, punch cards, or

11 data stored internally in the memory of the computer.

12  "Debit card" means any instrument or device, known by any

13 name, issued with or without fee by an issuer for the use of

14 the cardholder in obtaining money, goods, services, and

15 anything else of value, payment of which is made against funds

16 previously deposited by the cardholder. A debit card which

17 also can be used to obtain money, goods, services and anything

18 else of value on credit shall not be considered a debit card

19 when it is being used to obtain money, goods, services or

20 anything else of value on credit.

21  "Document" includes, but is not limited to, any document,

22 representation, or image produced manually, electronically, or

23 by computer.

24  "Electronic fund transfer terminal" means any machine or

25 device that, when properly activated, will perform any of the

26 following services:
    HB3800 Enrolled  - 177 - LRB104 09780 BAB 19846 b

1   (1) Dispense money as a debit to the cardholder's

2   account; or

3   (2) Print the cardholder's account balances on a

4   statement; or

5   (3) Transfer funds between a cardholder's accounts; or

6   (4) Accept payments on a cardholder's loan; or

7   (5) Dispense cash advances on an open end credit or a

8   revolving charge agreement; or

9   (6) Accept deposits to a customer's account; or

10  (7) Receive inquiries of verification of checks and

11  dispense information that verifies that funds are

12  available to cover such checks; or

13  (8) Cause money to be transferred electronically from

14  a cardholder's account to an account held by any business,

15  firm, retail merchant, corporation, or any other

16  organization.

17  "Electronic funds transfer system", hereafter referred to

18 as "EFT System", means that system whereby funds are

19 transferred electronically from a cardholder's account to any

20 other account.

21  "Electronic mail service provider" means any person who

22 (i) is an intermediary in sending or receiving electronic mail

23 and (ii) provides to end-users of electronic mail services the

24 ability to send or receive electronic mail.

25  "Expired credit card or debit card" means a credit card or

26 debit card which is no longer valid because the term on it has
    HB3800 Enrolled            - 178 - LRB104 09780 BAB 19846 b

1 elapsed.

2   "False academic degree" means a certificate, diploma,

3 transcript, or other document purporting to be issued by an

4 institution of higher learning or purporting to indicate that

5 a person has completed an organized academic program of study

6 at an institution of higher learning when the person has not

7 completed the organized academic program of study indicated on

8 the certificate, diploma, transcript, or other document.

9   "False claim" means any statement made to any insurer,

10 purported insurer, servicing corporation, insurance broker, or

11 insurance agent, or any agent or employee of one of those

12 entities, and made as part of, or in support of, a claim for

13 payment or other benefit under a policy of insurance, or as

14 part of, or in support of, an application for the issuance of,

15 or the rating of, any insurance policy, when the statement

16 does any of the following:

17  (1) Contains any false, incomplete, or misleading

18  information concerning any fact or thing material to the

19  claim.

20  (2) Conceals (i) the occurrence of an event that is

21  material to any person's initial or continued right or

22  entitlement to any insurance benefit or payment or (ii)

23  the amount of any benefit or payment to which the person is

24  entitled.

25  "Financial institution" means any bank, savings and loan

26 association, credit union, or other depository of money or
    HB3800 Enrolled  - 179 - LRB104 09780 BAB 19846 b

1 medium of savings and collective investment.

2       "Governmental entity" means: each officer, board,

3 commission, and agency created by the Constitution, whether in

4 the executive, legislative, or judicial branch of State

5 government; each officer, department, board, commission,

6 agency, institution, authority, university, and body politic

7 and corporate of the State; each administrative unit or

8 corporate outgrowth of State government that is created by or

9 pursuant to statute, including units of local government and

10 their officers, school districts, and boards of election

11 commissioners; and each administrative unit or corporate

12 outgrowth of the foregoing items and as may be created by

13 executive order of the Governor.

14      "Incomplete credit card or debit card" means a credit card

15 or debit card which is missing part of the matter other than

16 the signature of the cardholder which an issuer requires to

17 appear on the credit card or debit card before it can be used

18 by a cardholder, and this includes credit cards or debit cards

19 which have not been stamped, embossed, imprinted or written

20 on.

21      "Institution of higher learning" means a public or private

22 college, university, or community college located in the State

23 of Illinois that is authorized by the Board of Higher

24 Education or the Illinois Community College Board to issue

25 post-secondary degrees, or a public or private college,

26 university, or community college located anywhere in the
    HB3800 Enrolled        - 180 - LRB104 09780 BAB 19846 b

1 United States that is or has been legally constituted to offer

2 degrees and instruction in its state of origin or

3 incorporation.

4   "Insurance company" means any "company" as defined under

5 Section 2 of the Illinois Insurance Code, "dental service plan

6 corporation" as defined in Section 3 of the Dental Service

7 Plan Act, "health maintenance organization" as defined in

8 Section 1-2 of the Health Maintenance Organization Act,

9 "limited health service organization" as defined in Section

10 1002 of the Limited Health Service Organization Act, "health

11 services plan corporation" as defined in Section 2 of the

12 Voluntary Health Services Plans Act, or any trust fund

13 organized under the Religious and Charitable Risk Pooling

14 Trust Act.

15  "Issuer" means the business organization or financial

16 institution which issues a credit card or debit card, or its

17 duly authorized agent.

18  "Merchant" has the meaning ascribed to it in Section

19 16-0.1 of this Code.

20  "Person" means any individual, corporation, government,

21 governmental subdivision or agency, business trust, estate,

22 trust, partnership or association or any other entity.

23  "Receives" or "receiving" means acquiring possession or

24 control.

25  "Record of charge form" means any document submitted or

26 intended to be submitted to an issuer as evidence of a credit
    HB3800 Enrolled  - 181 - LRB104 09780 BAB 19846 b

1 transaction for which the issuer has agreed to reimburse

2 persons providing money, goods, property, services or other

3 things of value.

4   "Revoked credit card or debit card" means a credit card or

5 debit card which is no longer valid because permission to use

6 it has been suspended or terminated by the issuer.

7   "Sale" means any delivery for value.

8   "Scheme or artifice to defraud" includes a scheme or

9 artifice to deprive another of the intangible right to honest

10 services.

11  "Self-insured entity" means any person, business,

12 partnership, corporation, or organization that sets aside

13 funds to meet his, her, or its losses or to absorb fluctuations

14 in the amount of loss, the losses being charged against the

15 funds set aside or accumulated.

16  "Social networking website" means an Internet website

17 containing profile web pages of the members of the website

18 that include the names or nicknames of such members,

19 photographs placed on the profile web pages by such members,

20 or any other personal or personally identifying information

21 about such members and links to other profile web pages on

22 social networking websites of friends or associates of such

23 members that can be accessed by other members or visitors to

24 the website. A social networking website provides members of

25 or visitors to such website the ability to leave messages or

26 comments on the profile web page that are visible to all or
    HB3800 Enrolled  - 182 - LRB104 09780 BAB 19846 b

1 some visitors to the profile web page and may also include a

2 form of electronic mail for members of the social networking

3 website.

4   "Statement" means any assertion, oral, written, or

5 otherwise, and includes, but is not limited to: any notice,

6 letter, or memorandum; proof of loss; bill of lading; receipt

7 for payment; invoice, account, or other financial statement;

8 estimate of property damage; bill for services; diagnosis or

9 prognosis; prescription; hospital, medical, or dental chart or

10 other record, x-ray, photograph, videotape, or movie film;

11 test result; other evidence of loss, injury, or expense;

12 computer-generated document; and data in any form.

13  "Universal Price Code Label" means a unique symbol that

14 consists of a machine-readable code and human-readable

15 numbers.

16  "With intent to defraud" means to act knowingly, and with

17 the specific intent to deceive or cheat, for the purpose of

18 causing financial loss to another or bringing some financial

19 gain to oneself, regardless of whether any person was actually

20 defrauded or deceived. This includes an intent to cause

21 another to assume, create, transfer, alter, or terminate any

22 right, obligation, or power with reference to any person or

23 property.

24 (Source: P.A. 101-87, eff. 1-1-20.)

25  Section 95. No acceleration or delay. Where this Act makes
   HB3800 Enrolled  - 183 - LRB104 09780 BAB 19846 b

1 changes in a statute that is represented in this Act by text
2 that is not yet or no longer in effect (for example, a Section
3 represented by multiple versions), the use of that text does
4 not accelerate or delay the taking effect of (i) the changes
5 made by this Act or (ii) provisions derived from any other
6 Public Act.

7  Section 99. Effective date. This Act takes effect upon

8 becoming law, except that the changes to Section 1563 of the

9 Illinois Insurance Code take effect January 1, 2026, and the

10 changes to Section 174 of the Illinois Insurance Code take

11 effect 60 days after becoming law.
Every fact on this page links to its source, starting with the official bill record.