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Illinois General Assembly· SB 3517Governor Approved

INS-GROUND AMBULANCE SERVICE, the official text

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SB3517 Enrolled                     LRB104 18998 BAB 32443 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 Section 356z.3a as follows:

6   (215 ILCS 5/356z.3a)

7   Sec.  356z.3a.        Billing;      emergency    services;

8 nonparticipating providers.

9   (a) As used in this Section:

10  "Ancillary services" means:

11  (1) items and services related to emergency medicine,

12  anesthesiology, pathology, radiology, and neonatology that

13  are provided by any health care provider;

14  (2) items and services provided by assistant surgeons,

15  hospitalists, and intensivists;

16  (3) diagnostic services, including radiology and

17  laboratory services, except for advanced diagnostic

18  laboratory tests identified on the most current list

19  published by the United States Secretary of Health and

20  Human Services under 42 U.S.C. 300gg-132(b)(3);

21  (4) items and services provided by other specialty

22  practitioners as the United States Secretary of Health and

23  Human Services specifies through rulemaking under 42
    SB3517 Enrolled          -2-  LRB104 18998 BAB 32443 b

1   U.S.C. 300gg-132(b)(3);

2   (5) items and services provided by a nonparticipating

3   provider if there is no participating provider who can

4   furnish the item or service at the facility; and

5   (6) items and services provided by a nonparticipating

6   provider if there is no participating provider who will

7   furnish the item or service because a participating

8   provider has asserted the participating provider's rights

9   under the Health Care Right of Conscience Act.

10  "Average gross charge rate" means, with respect to

11 nonparticipating ground ambulance service providers, the

12 average of the provider's gross charge rates in place for each

13 individual charge described in subsection (b-15) of this

14 Section for dates of service that fall within the 12-month

15 period ending on June 30 immediately preceding the date on

16 which the reporting of average gross charge rates is required.

17  "Cost sharing" means the amount an insured, beneficiary,

18 or enrollee is responsible for paying for a covered item or

19 service under the terms of the policy or certificate. "Cost

20 sharing" includes copayments, coinsurance, and amounts paid

21 toward deductibles, but does not include amounts paid towards

22 premiums, balance billing by out-of-network providers, or the

23 cost of items or services that are not covered under the policy

24 or certificate.

25  "Emergency department of a hospital" means any hospital

26 department that provides emergency services, including a
    SB3517 Enrolled        -3-     LRB104 18998 BAB 32443 b

1 hospital outpatient department.

2   "Emergency medical condition" has the meaning ascribed to

3 that term in Section 10 of the Managed Care Reform and Patient

4 Rights Act.

5   "Emergency medical screening examination" has the meaning

6 ascribed to that term in Section 10 of the Managed Care Reform

7 and Patient Rights Act.

8   "Emergency services" means, with respect to an emergency

9 medical condition:

10  (1) in general, an emergency medical screening

11  examination, including ancillary services routinely

12  available to the emergency department to evaluate such

13  emergency medical condition, and such further medical

14  examination and treatment as would be required to

15  stabilize the patient regardless of the department of the

16  hospital or other facility in which such further

17  examination or treatment is furnished; or

18  (2) additional items and services for which benefits

19  are provided or covered under the coverage and that are

20  furnished by a nonparticipating provider or

21  nonparticipating emergency facility regardless of the

22  department of the hospital or other facility in which such

23  items are furnished after the insured, beneficiary, or

24  enrollee is stabilized and as part of outpatient

25  observation or an inpatient or outpatient stay with

26  respect to the visit in which the services described in
    SB3517 Enrolled   -4-            LRB104 18998 BAB 32443 b

1   paragraph (1) are furnished. Services after stabilization

2   cease to be emergency services only when all the

3   conditions of 42 U.S.C. 300gg-111(a)(3)(C)(ii)(II) and

4   regulations thereunder are met.

5   "Emergency ground ambulance service" means ground

6 ambulance service provided by ground ambulance service

7 providers, regardless of whether the patient was transported,

8 if the service was provided pursuant to a request to 9-1-1 or

9 an equivalent telephone number, texting system, or other

10 method of summoning emergency service or if the service

11 provided was provided when a patient's condition, at the time

12 of service, was considered to be an emergency medical

13 condition as determined by a physician licensed under the

14 Medical Practice Act of 1987.

15  "Evaluation" means, with respect to emergency ground

16 ambulance service, the provision of a medical screening

17 examination to determine whether an emergency medical

18 condition exists.

19  "Freestanding Emergency Center" means a facility licensed

20 under Section 32.5 of the Emergency Medical Services (EMS)

21 Systems Act.

22  "Ground ambulance service" means both medical

23 transportation service that is described as ground ambulance

24 service by the Centers for Medicare and Medicaid Services and

25 medical nontransportation service, such as evaluation without

26 transport, treatment without transport, or paramedic
    SB3517 Enrolled        -5-  LRB104 18998 BAB 32443 b

1 intercept, and that is, in either case, provided in a vehicle

2 that is licensed as an ambulance under the Emergency Medical

3 Services (EMS) Systems Act or by EMS Personnel assigned to a

4 vehicle that is licensed as an ambulance under the Emergency

5 Medical Services (EMS) Systems Act. "Ground ambulance service"

6 may include any combination of the following: emergency ground

7 ambulance service in a ground ambulance, urgent ground

8 ambulance service, evaluation without treatment, treatment

9 without transport, and paramedic intercept.

10  "Ground ambulance service provider" means a vehicle

11 service provider under the Emergency Medical Services (EMS)

12 Systems Act that operates licensed ground ambulances for the

13 purpose of providing emergency ground ambulance services,

14 urgent ground ambulances services, or both. "Ground ambulance

15 service provider" includes both ambulance providers and

16 ambulance suppliers as described by the Centers for Medicare

17 and Medicaid Services.

18  "Health care facility" means, in the context of

19 non-emergency services, any of the following:

20  (1) a hospital as defined in 42 U.S.C. 1395x(e);

21  (2) a hospital outpatient department;

22  (3) a critical access hospital certified under 42

23  U.S.C. 1395i-4(e);

24  (4) an ambulatory surgical treatment center as defined

25  in the Ambulatory Surgical Treatment Center Act; or

26  (5) any recipient of a license under the Hospital
    SB3517 Enrolled           -6-  LRB104 18998 BAB 32443 b

1   Licensing Act that is not otherwise described in this

2   definition.

3   "Health care provider" means a provider as defined in

4 subsection (d) of Section 370g. "Health care provider" does

5 not include a provider of air ambulance or ground ambulance

6 services.

7   "Health care services" has the meaning ascribed to that

8 term in subsection (a) of Section 370g.

9   "Health insurance issuer" has the meaning ascribed to that

10 term in Section 5 of the Illinois Health Insurance Portability

11 and Accountability Act.

12  "Nonparticipating emergency facility" means, with respect

13 to the furnishing of an item or service under a policy of group

14 or individual health insurance coverage, any of the following

15 facilities that does not have a contractual relationship

16 directly or indirectly with a health insurance issuer in

17 relation to the coverage:

18  (1) an emergency department of a hospital;

19  (2) a Freestanding Emergency Center;

20  (3) an ambulatory surgical treatment center as defined

21  in the Ambulatory Surgical Treatment Center Act; or

22  (4) with respect to emergency services described in

23  paragraph (2) of the definition of "emergency services", a

24  hospital.

25  "Nonparticipating ground ambulance service provider"

26 means, with respect to the furnishing of an item or services
    SB3517 Enrolled  -7-  LRB104 18998 BAB 32443 b

1 under a policy of group or individual health insurance

2 coverage, any ground ambulance service provider that does not

3 have a contractual relationship directly or indirectly with a

4 health insurance issuer in relation to the coverage.

5   "Nonparticipating provider" means, with respect to the

6 furnishing of an item or service under a policy of group or

7 individual health insurance coverage, any health care provider

8 who does not have a contractual relationship directly or

9 indirectly with a health insurance issuer in relation to the

10 coverage.

11  "Paramedic intercept" means a service in which a vehicle

12 licensed under the Emergency Medical Services (EMS) Systems

13 Act ground ambulance staffed by licensed advanced life support

14 EMS Personnel paramedics rendezvouses with a ground ambulance

15 staffed with basic life support or intermediate life support

16 EMS Personnel nonparamedics to provide advanced life support

17 care. As used in this definition, "advanced life support care"

18 means life support care that is warranted when a patient's

19 condition and need for treatment exceed the basic life support

20 or intermediate life support level of care.

21  "Participating emergency facility" means any of the

22 following facilities that has a contractual relationship

23 directly or indirectly with a health insurance issuer offering

24 group or individual health insurance coverage setting forth

25 the terms and conditions on which a relevant health care

26 service is provided to an insured, beneficiary, or enrollee
    SB3517 Enrolled           -8-  LRB104 18998 BAB 32443 b

1 under the coverage:

2   (1) an emergency department of a hospital;

3   (2) a Freestanding Emergency Center;

4   (3) an ambulatory surgical treatment center as defined

5   in the Ambulatory Surgical Treatment Center Act; or

6   (4) with respect to emergency services described in

7   paragraph (2) of the definition of "emergency services", a

8   hospital.

9   For purposes of this definition, a single case agreement

10 between an emergency facility and an issuer that is used to

11 address unique situations in which an insured, beneficiary, or

12 enrollee requires services that typically occur out-of-network

13 constitutes a contractual relationship and is limited to the

14 parties to the agreement.

15  "Participating ground ambulance service provider" means

16 any ground ambulance service provider that has a contractual

17 relationship directly or indirectly with a health insurance

18 issuer offering group or individual health insurance coverage

19 setting forth the terms and conditions on which a relevant

20 health care service is provided to an insured, beneficiary, or

21 enrollee under the coverage. As used in this definition, a

22 single case agreement between a ground ambulance service

23 provider and a health insurance issuer that is used to address

24 unique situations in which an insured, beneficiary, or

25 enrollee requires services that typically occur out-of-network

26 constitutes a contractual relationship and is limited to the
    SB3517 Enrolled          -9-  LRB104 18998 BAB 32443 b

1 parties of the agreement.

2   "Participating health care facility" means any health care

3 facility that has a contractual relationship directly or

4 indirectly with a health insurance issuer offering group or

5 individual health insurance coverage setting forth the terms

6 and conditions on which a relevant health care service is

7 provided to an insured, beneficiary, or enrollee under the

8 coverage. A single case agreement between an emergency

9 facility and an issuer that is used to address unique

10 situations in which an insured, beneficiary, or enrollee

11 requires services that typically occur out-of-network

12 constitutes a contractual relationship for purposes of this

13 definition and is limited to the parties to the agreement.

14  "Participating provider" means any health care provider

15 that has a contractual relationship directly or indirectly

16 with a health insurance issuer offering group or individual

17 health insurance coverage setting forth the terms and

18 conditions on which a relevant health care service is provided

19 to an insured, beneficiary, or enrollee under the coverage.

20  "Qualifying payment amount" has the meaning given to that

21 term in 42 U.S.C. 300gg-111(a)(3)(E) and the regulations

22 promulgated thereunder.

23  "Recognized amount" means, except as otherwise provided in

24 this Section, the lesser of the amount initially billed by the

25 provider or the qualifying payment amount.

26  "Stabilize" means "stabilization" as defined in Section 10
    SB3517 Enrolled              - 10 - LRB104 18998 BAB 32443 b

1 of the Managed Care Reform and Patient Rights Act.

2   "Treating provider" means a health care provider who has

3 evaluated the individual.

4   "Treatment" means, with respect to the provision of

5 emergency ground ambulance service, the provision of an

6 evaluation and either (i) a therapy or therapeutic agent used

7 to treat an emergency medical condition or (ii) a procedure

8 used to treat an emergency medical condition.

9   "Urgent ground ambulance service" means ground ambulance

10 service that is deemed medically necessary by a health care

11 professional and is required within 12 hours after the

12 certification of the need for the service.

13  "Visit" means, with respect to health care services

14 furnished to an individual at a health care facility, health

15 care services furnished by a provider at the facility, as well

16 as equipment, devices, telehealth services, imaging services,

17 laboratory services, and preoperative and postoperative

18 services regardless of whether the provider furnishing such

19 services is at the facility.

20  (b) Emergency services. When a beneficiary, insured, or

21 enrollee receives emergency services from a nonparticipating

22 provider or a nonparticipating emergency facility, the health

23 insurance issuer shall ensure that the beneficiary, insured,

24 or enrollee shall incur no greater out-of-pocket costs than

25 the beneficiary, insured, or enrollee would have incurred with

26 a participating provider or a participating emergency
    SB3517 Enrolled  - 11 - LRB104 18998 BAB 32443 b

1 facility. Any cost-sharing requirements shall be applied as

2 though the emergency services had been received from a

3 participating provider or a participating facility. Cost

4 sharing shall be calculated based on the recognized amount for

5 the emergency services. If the cost sharing for the same item

6 or service furnished by a participating provider would have

7 been a flat-dollar copayment, that amount shall be the

8 cost-sharing amount unless the provider has billed a lesser

9 total amount. In no event shall the beneficiary, insured,

10 enrollee, or any group policyholder or plan sponsor be liable

11 to or billed by the health insurance issuer, the

12 nonparticipating provider, or the nonparticipating emergency

13 facility for any amount beyond the cost sharing calculated in

14 accordance with this subsection with respect to the emergency

15 services delivered. Administrative requirements or limitations

16 shall be no greater than those applicable to emergency

17 services received from a participating provider or a

18 participating emergency facility.

19  (b-5) Non-emergency services at participating health care

20 facilities.

21  (1) When a beneficiary, insured, or enrollee utilizes

22  a participating health care facility and, due to any

23  reason, covered ancillary services are provided by a

24  nonparticipating provider during or resulting from the

25  visit, the health insurance issuer shall ensure that the

26  beneficiary, insured, or enrollee shall incur no greater
    SB3517 Enrolled  - 12 - LRB104 18998 BAB 32443 b

1   out-of-pocket costs than the beneficiary, insured, or

2   enrollee would have incurred with a participating provider

3   for the ancillary services. Any cost-sharing requirements

4   shall be applied as though the ancillary services had been

5   received from a participating provider. Cost sharing shall

6   be calculated based on the recognized amount for the

7   ancillary services. If the cost sharing for the same item

8   or service furnished by a participating provider would

9   have been a flat-dollar copayment, that amount shall be

10  the cost-sharing amount unless the provider has billed a

11  lesser total amount. In no event shall the beneficiary,

12  insured, enrollee, or any group policyholder or plan

13  sponsor be liable to or billed by the health insurance

14  issuer, the nonparticipating provider, or the

15  participating health care facility for any amount beyond

16  the cost sharing calculated in accordance with this

17  subsection with respect to the ancillary services

18  delivered. In addition to ancillary services, the

19  requirements of this paragraph shall also apply with

20  respect to covered items or services furnished as a result

21  of unforeseen, urgent medical needs that arise at the time

22  an item or service is furnished, regardless of whether the

23  nonparticipating provider satisfied the notice and consent

24  criteria under paragraph (2) of this subsection.

25  (2) When a beneficiary, insured, or enrollee utilizes

26  a participating health care facility and receives
    SB3517 Enrolled           - 13 - LRB104 18998 BAB 32443 b

1   non-emergency covered health care services other than

2   those described in paragraph (1) of this subsection from a

3   nonparticipating provider during or resulting from the

4   visit, the health insurance issuer shall ensure that the

5   beneficiary, insured, or enrollee incurs no greater

6   out-of-pocket costs than the beneficiary, insured, or

7   enrollee would have incurred with a participating provider

8   unless the nonparticipating provider or the participating

9   health care facility on behalf of the nonparticipating

10  provider satisfies the notice and consent criteria

11  provided in 42 U.S.C. 300gg-132 and regulations

12  promulgated thereunder. If the notice and consent criteria

13  are not satisfied, then:

14  (A) any cost-sharing requirements shall be applied

15  as though the health care services had been received

16  from a participating provider;

17  (B) cost sharing shall be calculated based on the

18  recognized amount for the health care services; and

19  (C) in no event shall the beneficiary, insured,

20  enrollee, or any group policyholder or plan sponsor be

21  liable to or billed by the health insurance issuer,

22  the nonparticipating provider, or the participating

23  health care facility for any amount beyond the cost

24  sharing calculated in accordance with this subsection

25  with respect to the health care services delivered.

26  (b-10) Coverage for ground ambulance services provided by
    SB3517 Enrolled     - 14 - LRB104 18998 BAB 32443 b

1 nonparticipating ground ambulance service providers.

2   (1) Any group or individual policy of accident and

3   health insurance amended, delivered, issued, or renewed on

4   or after January 1, 2027 shall provide coverage for both

5   emergency ground ambulance service and urgent ground

6   ambulance service.

7   (2) Beginning on January 1, 2027, when a beneficiary,

8   insured, or enrollee receives emergency ground ambulance

9   services or urgent ambulance services from a

10  nonparticipating ground ambulance service provider, the

11  health insurance issuer shall ensure that the beneficiary,

12  insured, or enrollee shall incur no greater out-of-pocket

13  costs than the beneficiary, insured, or enrollee would

14  have incurred with a participating ground ambulance

15  provider. Any cost-sharing requirements shall be applied

16  as though the emergency ground ambulance services or

17  urgent ground ambulance services had been received from a

18  participating ground ambulance service provider. Except as

19  otherwise provided in State or federal law, cost sharing

20  shall be calculated based on the lesser of the policy's

21  copayment or coinsurance for an emergency room visit or

22  10% of the recognized amount. For purposes of this

23  subsection, the recognized amount shall be calculated as

24  provided for in paragraph (3) of this subsection. Except

25  as otherwise provided for in State or federal law, if the

26  cost sharing for the same item or service furnished by a
    SB3517 Enrolled  - 15 - LRB104 18998 BAB 32443 b

1   participating ground ambulance provider would have been a

2   flat-dollar copayment, that amount shall be the

3   cost-sharing amount unless the nonparticipating ground

4   ambulance provider has billed a lesser total amount.

5   (3) Upon reasonable demand by a nonparticipating

6   ground ambulance service provider and after subtracting

7   the beneficiary's, insured's, or enrollee's cost sharing

8   amount, a health insurance issuer shall pay the

9   nonparticipating ground ambulance service provider as

10  follows:

11  (A) for nonparticipating ground ambulance service

12  providers subject to a unit of local government that

13  has jurisdiction over where the service was provided,

14  a rate that is equal to the rate established or

15  approved by the governing body of the local government

16  providing the ground ambulance service having

17  jurisdiction for that area or subarea; or

18  (B) for nonparticipating ground ambulance service

19  providers that are not subject to the jurisdiction of

20  a unit of local government, a rate that is equal to the

21  lesser of (i) the negotiated rate between the

22  nonparticipating ground ambulance service provider and

23  the health insurance issuer; (ii) 85% of the

24  nonparticipating ground ambulance service provider's

25  billed charges; or (iii) the average gross charge rate

26  in effect for the date of service in question for a
    SB3517 Enrolled  - 16 - LRB104 18998 BAB 32443 b

1   base charge and, if applicable, a loaded mileage

2   charge, the nonparticipating ground ambulance service

3   provider has filed with the Department of Public

4   Health in accordance with subsection (b-15).

5   By accepting the payment from the health insurance

6   issuer, the nonparticipating ground ambulance service

7   provider shall not seek any payment from the

8   beneficiary, insured, or enrollee for any amount that

9   exceeds the deductible, coinsurance, or copay for

10  services provided to the beneficiary, insured, or

11  enrollee.

12  (b-15) Beginning on October 1, 2026, and each October 1

13 thereafter, each nonparticipating ground ambulance service

14 provider shall file annually with the Department of Public

15 Health, in the form and manner prescribed by the Department of

16 Public Health, its average gross charge rates and any other

17 information required by the Department of Public Health, by

18 rule, for each of the following ground ambulance charge

19 descriptions, as applicable: (1) basic life support, urgent

20 base; (2) basic life support, emergency base; (3) advanced

21 life support, urgent, level 1 base; (4) advanced life support,

22 emergency, level 1 base; (5) advanced life support, emergency,

23 level 2 base; (6) specialty care transport base; (7) emergency

24 response, evaluation without transport base; (8) emergency

25 response, treatment without transport base; (9) emergency

26 response, paramedic intercept base; and (10) loaded mileage,
    SB3517 Enrolled  - 17 - LRB104 18998 BAB 32443 b

1 per loaded mile charge for each of the applicable base charge

2 descriptions services. The Department of Public Health shall

3 publish the submitted rate information by January 1, 2027 and

4 every January 1 thereafter. The Department of Public Health

5 may request information from ground ambulance service

6 providers and health insurance issuers regarding factors

7 contributing to the network status of the ground ambulance

8 service providers. The Department of Public Health may, upon

9 the submission of rate information, assess a fee to each

10 ground ambulance service provider that shall not exceed the

11 administrative costs to complete the Department of Public

12 Health's obligations in this subsection. The Department of

13 Public Health may also request information from nationally

14 recognized organizations that provide data on health care

15 costs. The Department of Insurance shall direct the health

16 insurance issuer to the location in which the information

17 reported to the Department of Public Health is stored.

18  (c) Notwithstanding any other provision of this Code,

19 except when the notice and consent criteria are satisfied for

20 the situation in paragraph (2) of subsection (b-5), any

21 benefits a beneficiary, insured, or enrollee receives for

22 services under the situations in subsection (b), (b-5),

23 (b-10), or (b-15) are assigned to the nonparticipating

24 providers, nonparticipating ground ambulance service provider,

25 or the facility acting on their behalf. Upon receipt of the

26 provider's bill or facility's bill, the health insurance
    SB3517 Enrolled  - 18 - LRB104 18998 BAB 32443 b

1 issuer shall provide the nonparticipating provider,

2 nonparticipating ground ambulance service provider, or the

3 facility with a written explanation of benefits that specifies

4 the proposed reimbursement and the applicable deductible,

5 copayment, or coinsurance amounts owed by the insured,

6 beneficiary, or enrollee. The health insurance issuer shall

7 pay any reimbursement subject to this Section directly to the

8 nonparticipating provider, nonparticipating ground ambulance

9 service provider, or the facility.

10  (d) For bills assigned under subsection (c), the

11 nonparticipating provider or the facility may bill the health

12 insurance issuer for the services rendered, and the health

13 insurance issuer may pay the billed amount or attempt to

14 negotiate reimbursement with the nonparticipating provider or

15 the facility. Within 30 calendar days after the provider or

16 facility transmits the bill to the health insurance issuer,

17 the issuer shall send an initial payment or notice of denial of

18 payment with the written explanation of benefits to the

19 provider or facility. If attempts to negotiate reimbursement

20 for services provided by a nonparticipating provider do not

21 result in a resolution of the payment dispute within 30 days

22 after receipt of written explanation of benefits by the health

23 insurance issuer, then the health insurance issuer or

24 nonparticipating provider or the facility may initiate binding

25 arbitration to determine payment for services provided on a

26 per-bill or batched-bill basis, in accordance with Section
   SB3517 Enrolled          - 19 - LRB104 18998 BAB 32443 b

1 300gg-111 of the Public Health Service Act and the regulations

2 promulgated thereunder. The party requesting arbitration shall

3 notify the other party arbitration has been initiated and

4 state its final offer before arbitration. In response to this

5 notice, the nonrequesting party shall inform the requesting

6 party of its final offer before the arbitration occurs.

7 Arbitration shall be initiated by filing a request with the

8 Department of Insurance.

9  (e) The Department of Insurance shall publish a list of

10 approved arbitrators or entities that shall provide binding

11 arbitration. These arbitrators shall be American Arbitration

12 Association or American Health Lawyers Association trained

13 arbitrators. Both parties must agree on an arbitrator from the

14 Department of Insurance's or its approved entity's list of

15 arbitrators. If no agreement can be reached, then a list of 5

16 arbitrators shall be provided by the Department of Insurance

17 or the approved entity. From the list of 5 arbitrators, the

18 health insurance issuer can veto 2 arbitrators and the

19 provider or facility can veto 2 arbitrators. The remaining

20 arbitrator shall be the chosen arbitrator. This arbitration

21 shall consist of a review of the written submissions by both

22 parties. The arbitrator shall not establish a rebuttable

23 presumption that the qualifying payment amount should be the

24 total amount owed to the provider or facility by the

25 combination of the issuer and the insured, beneficiary, or

26 enrollee. Binding arbitration shall provide for a written
    SB3517 Enrolled          - 20 - LRB104 18998 BAB 32443 b

1 decision within 45 days after the request is filed with the

2 Department of Insurance. Both parties shall be bound by the

3 arbitrator's decision. The arbitrator's expenses and fees,

4 together with other expenses, not including attorney's fees,

5 incurred in the conduct of the arbitration, shall be paid as

6 provided in the decision.

7   (f) (Blank).

8   (g) Section 368a of this Code Act shall not apply during

9 the pendency of a decision under subsection (d). Upon the

10 issuance of the arbitrator's decision, Section 368a applies

11 with respect to the amount, if any, by which the arbitrator's

12 determination exceeds the issuer's initial payment under

13 subsection (c), or the entire amount of the arbitrator's

14 determination if initial payment was denied. Any interest

15 required to be paid to a provider under Section 368a shall not

16 accrue until after 30 days of an arbitrator's decision as

17 provided in subsection (d), but in no circumstances longer

18 than 150 days from the date the nonparticipating

19 facility-based provider billed for services rendered.

20  (h) Nothing in this Section shall be interpreted to change

21 the prudent layperson provisions with respect to emergency

22 services under the Managed Care Reform and Patient Rights Act.

23  (i) Nothing in this Section shall preclude a health care

24 provider from billing a beneficiary, insured, or enrollee for

25 reasonable administrative fees, such as service fees for

26 checks returned for nonsufficient funds and missed
    SB3517 Enrolled             - 21 - LRB104 18998 BAB 32443 b

1 appointments.

2   (j) Nothing in this Section shall preclude a beneficiary,

3 insured, or enrollee from assigning benefits to a

4 nonparticipating provider when the notice and consent criteria

5 are satisfied under paragraph (2) of subsection (b-5) or in

6 any other situation not described in subsection (b) or (b-5).

7   (k) Except when the notice and consent criteria are

8 satisfied under paragraph (2) of subsection (b-5), if an

9 individual receives health care services under the situations

10 described in subsection (b) or (b-5), no referral requirement

11 or any other provision contained in the policy or certificate

12 of coverage shall deny coverage, reduce benefits, or otherwise

13 defeat the requirements of this Section for services that

14 would have been covered with a participating provider.

15 However, this subsection shall not be construed to preclude a

16 provider contract with a health insurance issuer, or with an

17 administrator or similar entity acting on the issuer's behalf,

18 from imposing requirements on the participating provider,

19 participating emergency facility, or participating health care

20 facility relating to the referral of covered individuals to

21 nonparticipating providers.

22  (l) Except if the notice and consent criteria are

23 satisfied under paragraph (2) of subsection (b-5),

24 cost-sharing amounts calculated in conformity with this

25 Section shall count toward any deductible or out-of-pocket

26 maximum applicable to in-network coverage.
    SB3517 Enrolled         - 22 - LRB104 18998 BAB 32443 b

1   (m) The Department has the authority to enforce the

2 requirements of this Section in the situations described in

3 subsections (b) and (b-5), and in any other situation for

4 which 42 U.S.C. Chapter 6A, Subchapter XXV, Parts D or E and

5 regulations promulgated thereunder would prohibit an

6 individual from being billed or liable for emergency services

7 furnished by a nonparticipating provider or nonparticipating

8 emergency facility or for non-emergency health care services

9 furnished by a nonparticipating provider at a participating

10 health care facility.

11  (n) This Section does not apply with respect to air

12 ambulance services. This Section does not apply to any policy

13 of excepted benefits or to short-term, limited-duration health

14 insurance coverage.

15  (o) A home rule unit may not regulate payments for ground

16 ambulance service in a manner inconsistent with this Section.

17 This subsection is a limitation under subsection (i) of

18 Section 6 of Article VII of the Illinois Constitution on the

19 concurrent exercise by home rule units of powers and functions

20 exercised by the State.

21  (p) (o) Notwithstanding any other provision of law to the

22 contrary, if a beneficiary, insured, or enrollee receives

23 neonatal intensive care from a nonparticipating provider or

24 nonparticipating facility, a health insurance issuer shall

25 ensure that the beneficiary, insured, or enrollee shall incur

26 no greater out-of-pocket costs than he or she would have
    SB3517 Enrolled  - 23 - LRB104 18998 BAB 32443 b

1 incurred with a participating provider or a participating
2 facility, as long as the nonparticipating provider or
3 nonparticipating facility bills the neonatal intensive care as
4 emergency services.
5 (Source: P.A. 103-440, eff. 1-1-24; 104-60, eff. 1-1-26;
6 104-248, eff. 8-15-25; revised 11-21-25.)

7   Section 10. The Health Maintenance Organization Act is

8 amended by changing Section 4-15 as follows:

9   (215 ILCS 125/4-15) (from Ch. 111 1/2, par. 1409.8)

10  Sec. 4-15. (a) No contract or evidence of coverage for

11 basic health care services delivered, issued for delivery,

12 renewed, or amended by a Health Maintenance Organization shall

13 exclude coverage for ground ambulance service as defined in

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

15 transportation by ambulance. For the purposes of this Section,

16 the term "emergency" means a need for immediate medical

17 attention resulting from a life threatening condition or

18 situation or a need for immediate medical attention as

19 otherwise reasonably determined by a physician, public safety

20 official or other emergency medical personnel.

21  (b) Payments to nonparticipating ground ambulance service

22 providers shall be as described in subsection (b-10) of

23 Section 356z.3a of the Illinois Insurance Code Upon reasonable

24 demand by a provider of emergency transportation by ambulance,
SB3517 Enrolled  - 24 - LRB104 18998 BAB 32443 b

 1 a Health Maintenance Organization shall promptly pay to the
 2 provider, subject to coverage limitations stated in the
 3 contract or evidence of coverage, the charges for emergency
 4 transportation by ambulance provided to an enrollee in a
 5 health care plan arranged for by the Health Maintenance
 6 Organization. By accepting any such payment from the Health
 7 Maintenance Organization, the provider of emergency
 8 transportation by ambulance agrees not to seek any payment
 9 from the enrollee for services provided to the enrollee.
10 (Source: P.A. 86-833; 86-1028.)
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