Full Text of SB0650 101st General Assembly
SB0650sam001 101ST GENERAL ASSEMBLY | Sen. Ann Gillespie Filed: 3/21/2019
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| 1 | | AMENDMENT TO SENATE BILL 650
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 650 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Outpatient Dialysis Payer Transparency Act. | 6 | | Section 5. Definitions. As used in this Act, unless the | 7 | | context requires otherwise:
| 8 | | "Financially interested" means any entity or outpatient | 9 | | dialysis provider described by either of the following | 10 | | criteria:
| 11 | | (A) An outpatient dialysis provider that receives a | 12 | | direct or indirect financial benefit from a third-party | 13 | | premium payment.
| 14 | | (B) An entity that receives the majority of its funding | 15 | | from one or more financially interested outpatient | 16 | | dialysis providers, parent companies of outpatient |
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| 1 | | dialysis providers, subsidiaries of outpatient dialysis | 2 | | providers, or related entities.
| 3 | | "Outpatient dialysis provider" means any professional | 4 | | person, organization, health facility, or other person or | 5 | | institution certified by the Centers for Medicare and Medicaid | 6 | | Services as an independent dialysis facility as described in | 7 | | Part 494 of Title 42 of the Code of Federal Regulations.
| 8 | | "Third-party premium payment" means any premium payment | 9 | | for a health care plan or accident and health insurance plan | 10 | | made directly by an outpatient dialysis provider or other third | 11 | | party, made indirectly through payments to the individual for | 12 | | the purpose of making health care plan premium payments or | 13 | | accident and health insurance premium payments, or provided to | 14 | | one or more intermediaries with the intention that the funds be | 15 | | used to make health care plan premium payments or accident and | 16 | | health insurance premium payments for the individuals.
| 17 | | Section 10. Third-party premium payments. | 18 | | (a) A financially interested entity making third-party | 19 | | premium payments shall comply with all of the following | 20 | | requirements:
| 21 | | (1) It shall provide assistance for the full plan year | 22 | | and notify the enrollee prior to any open enrollment | 23 | | periods, if applicable, if financial assistance will be | 24 | | discontinued. Assistance may be discontinued at the | 25 | | request of an enrollee who obtains other health coverage, |
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| 1 | | or if the enrollee dies during the plan year.
| 2 | | (2) If the entity provides coverage for an enrollee | 3 | | with end stage renal disease, the entity shall agree not to | 4 | | condition financial assistance on eligibility for, or | 5 | | receipt of, any surgery, transplant, procedure, drug, or | 6 | | device.
| 7 | | (3) It shall inform an applicant of financial | 8 | | assistance, and shall inform a recipient annually, of all | 9 | | available health coverage options, including, but not | 10 | | limited to, Medicare, Medicaid, individual market plans, | 11 | | and employer plans, if applicable.
| 12 | | (4) It shall agree not to steer, direct, or advise the | 13 | | patient into or away from a specific coverage program | 14 | | option, health care plan contract, or accident and health | 15 | | insurance plan contract.
| 16 | | (5) It shall agree that financial assistance shall not | 17 | | be conditioned on the use of a specific outpatient dialysis | 18 | | facility or other health care provider.
| 19 | | (b) A financially interested entity shall not make a | 20 | | third-party premium payment unless the entity:
| 21 | | (1) annually provides a statement to the health care | 22 | | plan or accident and health insurance plan that it meets | 23 | | the requirements set forth in subsection (a), as | 24 | | applicable; and
| 25 | | (2) discloses to the health care plan or accident and | 26 | | health insurance plan, before making the initial payment, |
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| 1 | | the name of the enrollee for each health care plan contract | 2 | | or accident and health insurance plan contract on whose | 3 | | behalf a third-party premium payment described in this | 4 | | Section will be made. | 5 | | Section 90. The Illinois Insurance Code is amended by | 6 | | adding Section 356z.33 as follows: | 7 | | (215 ILCS 5/356z.33 new) | 8 | | Sec. 356z.33. Third-party premium payments; determination | 9 | | of reimbursement. | 10 | | (a) As used in this Section, unless the context requires | 11 | | otherwise: | 12 | | "Financially interested" means any entity or outpatient | 13 | | dialysis provider described by either of the following | 14 | | criteria: | 15 | | (A) An outpatient dialysis provider that receives a | 16 | | direct or indirect financial benefit from a third-party | 17 | | premium payment. | 18 | | (B) An entity that receives the majority of its funding | 19 | | from one or more financially interested outpatient | 20 | | dialysis providers, parent companies of outpatient | 21 | | dialysis providers, subsidiaries of outpatient dialysis | 22 | | providers, or related entities. | 23 | | "Outpatient dialysis provider" means any professional | 24 | | person, organization, health facility, or other person or |
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| 1 | | institution certified by the Centers for Medicare and Medicaid | 2 | | Services as an independent dialysis facility as described in | 3 | | Part 494 of Title 42 of the Code of Federal Regulations. | 4 | | "Third-party premium payment" means any accident and | 5 | | health plan premium payment made directly by an outpatient | 6 | | dialysis provider or other third party, made indirectly through | 7 | | payments to the individual for the purpose of making health | 8 | | care plan premium payments, or provided to one or more | 9 | | intermediaries with the intention that the funds be used to | 10 | | make health care plan premium payments for the individuals. | 11 | | (b) If a financially interested entity makes a third-party | 12 | | premium payment to an accident and health insurer on behalf of | 13 | | an enrollee, reimbursement to a financially interested | 14 | | outpatient dialysis provider for covered services provided | 15 | | shall be determined by the following: | 16 | | (1) For a contracted financially interested outpatient | 17 | | dialysis provider that makes a third-party premium payment | 18 | | or has a financial relationship with the entity making the | 19 | | third-party premium payment, the amount of reimbursement | 20 | | for covered services that shall be paid to the financially | 21 | | interested outpatient dialysis provider on behalf of the | 22 | | enrollee shall be governed by the terms and conditions of | 23 | | the enrollee's accident and health insurance plan contract | 24 | | or the Medicare reimbursement rate, whichever is lower. | 25 | | Financially interested outpatient dialysis providers shall | 26 | | not bill the enrollee or seek reimbursement from the |
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| 1 | | enrollee for any services provided, except for cost sharing | 2 | | pursuant to the terms and conditions of the enrollee's | 3 | | accident and health insurance plan contract. If an | 4 | | enrollee's contract imposes a coinsurance payment for a | 5 | | claim that is subject to this paragraph, the coinsurance | 6 | | payment shall be based on the amount paid by the accident | 7 | | and health insurance plan pursuant to this paragraph. | 8 | | (2) For a noncontracting financially interested | 9 | | outpatient dialysis provider that makes a third-party | 10 | | premium payment or has a financial relationship with the | 11 | | entity making the third-party premium payment, the amount | 12 | | of reimbursement for covered services that shall be paid to | 13 | | the financially interested outpatient dialysis provider on | 14 | | behalf of the enrollee shall be governed by the terms and | 15 | | conditions of the enrollee's accident and health insurance | 16 | | plan contract or the Medicare reimbursement rate, | 17 | | whichever is lower. Financially interested outpatient | 18 | | dialysis providers shall not bill the enrollee or seek | 19 | | reimbursement from the enrollee for any services provided, | 20 | | except for cost sharing pursuant to the terms and | 21 | | conditions of the enrollee's accident and health insurance | 22 | | plan contract. If an enrollee's contract imposes a | 23 | | coinsurance payment for a claim that is subject to this | 24 | | paragraph, the coinsurance payment shall be based on the | 25 | | amount paid by the accident and health insurance plan | 26 | | pursuant to this paragraph. A claim submitted to an |
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| 1 | | accident and health insurance plan by a noncontracting | 2 | | financially interested outpatient dialysis provider may be | 3 | | considered an incomplete claim and contested by the | 4 | | accident and health insurance plan if the financially | 5 | | interested outpatient dialysis provider has not provided | 6 | | the information as required in subsection (b) of Section 10 | 7 | | of the Outpatient Dialysis Payer Transparency Act. | 8 | | (c) The following shall occur if an accident and health | 9 | | insurer subsequently discovers that a financially interested | 10 | | entity fails to provide disclosure pursuant to subsection (b) | 11 | | of Section 10 of the Outpatient Dialysis Payer Transparency | 12 | | Act: | 13 | | (1) The accident and health insurer shall be entitled | 14 | | to recover 120% of the difference between any payment made | 15 | | to an outpatient dialysis provider and the payment to which | 16 | | the outpatient dialysis provider would have been entitled | 17 | | pursuant to subsection (b), including interest on that | 18 | | difference. | 19 | | (2) The accident and health insurer shall notify the | 20 | | Department of Insurance of the amount by which the | 21 | | outpatient dialysis provider was overpaid and shall remit | 22 | | to the Department of Insurance any amount exceeding the | 23 | | difference between the payment made to the outpatient | 24 | | dialysis provider and the payment to which the outpatient | 25 | | dialysis provider would have been entitled pursuant to | 26 | | subsection (b), including interest on that difference that |
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| 1 | | was recovered pursuant to paragraph (1). | 2 | | (c) Each accident and health insurer authorized to transact | 3 | | business in this State that is subject to this Section shall | 4 | | provide to the Department of Insurance information regarding | 5 | | premium payments by financially interested entities and | 6 | | reimbursement for services to outpatient dialysis providers | 7 | | under subsection (b). The information shall be provided at | 8 | | least annually at the discretion of the Department of Insurance | 9 | | and shall include, to the best of the accident and health | 10 | | insurer's knowledge, the number of enrollees whose premiums | 11 | | were paid by financially interested entities, disclosures | 12 | | provided to the insurer pursuant to subsection (b) of Section | 13 | | 10 of the Outpatient Dialysis Payer Transparency Act, the | 14 | | identities of any outpatient dialysis providers whose | 15 | | reimbursement rate was governed by subsection (b), the | 16 | | identities of any outpatient dialysis providers who failed to | 17 | | provide disclosure as described in subsection (b) of Section 10 | 18 | | of the Outpatient Dialysis Payer Transparency Act, and, at the | 19 | | discretion of the Department of Insurance, additional | 20 | | information necessary for the implementation of this Section. | 21 | | (d) This Section does not affect a contracted payment rate | 22 | | for an outpatient dialysis provider who is not financially | 23 | | interested. | 24 | | (e) This Section does not give an insurer any additional | 25 | | ability to refuse to accept premium payments or to cancel or | 26 | | refuse to renew an existing enrollment or subscription, |
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| 1 | | regardless of the source of payment. | 2 | | (f) An accident and health insurer shall accept premium | 3 | | payments from the following third-party entities without the | 4 | | entities needing to comply with reporting requirements: | 5 | | (1) Any member of the individual's family, defined for | 6 | | purposes of this Section to include the individual's | 7 | | spouse, domestic partner, child, parent, grandparent, and | 8 | | siblings, unless the true source of funds used to make the | 9 | | premium payment originates with a financially interested | 10 | | entity. | 11 | | (2) An entity making the premium payments for coverage | 12 | | of Medicare services pursuant to contracts with the United | 13 | | States government, Medicare supplement coverage, long-term | 14 | | care insurance, coverage issued as a supplement to | 15 | | liability insurance, insurance arising out of workers' | 16 | | compensation law or similar law, automobile medical | 17 | | payment insurance, or insurance under which benefits are | 18 | | payable with or without regard to fault and that is | 19 | | statutorily required to be contained in any liability | 20 | | insurance policy or equivalent self-insurance. | 21 | | Section 95. The Health Maintenance Organization Act is | 22 | | amended by changing Section 1-2 and by adding Sections 4-5.1 as | 23 | | follows:
| 24 | | (215 ILCS 125/1-2) (from Ch. 111 1/2, par. 1402)
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| 1 | | Sec. 1-2. Definitions. As used in this Act, unless the | 2 | | context otherwise
requires, the following terms shall have the | 3 | | meanings ascribed to them:
| 4 | | (1) "Advertisement" means any printed or published | 5 | | material,
audiovisual material and descriptive literature of | 6 | | the health care plan
used in direct mail, newspapers, | 7 | | magazines, radio scripts, television
scripts, billboards and | 8 | | similar displays; and any descriptive literature or
sales aids | 9 | | of all kinds disseminated by a representative of the health | 10 | | care
plan for presentation to the public including, but not | 11 | | limited to, circulars,
leaflets, booklets, depictions, | 12 | | illustrations, form letters and prepared
sales presentations.
| 13 | | (2) "Director" means the Director of Insurance.
| 14 | | (3) "Basic health care services" means emergency care, and | 15 | | inpatient
hospital and physician care, outpatient medical | 16 | | services, mental
health services and care for alcohol and drug | 17 | | abuse, including any
reasonable deductibles and co-payments, | 18 | | all of which are subject to the
limitations described in | 19 | | Section 4-20 of this Act and as determined by the Director | 20 | | pursuant to rule.
| 21 | | (4) "Enrollee" means an individual who has been enrolled in | 22 | | a health
care plan.
| 23 | | (5) "Evidence of coverage" means any certificate, | 24 | | agreement,
or contract issued to an enrollee setting out the | 25 | | coverage to which he is
entitled in exchange for a per capita | 26 | | prepaid sum.
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| 1 | | (5.5) "Financially interested" means any entity or | 2 | | outpatient dialysis provider described by either of the | 3 | | following criteria: | 4 | | (A) An outpatient dialysis provider that receives a | 5 | | direct or indirect financial benefit from a third-party | 6 | | premium payment. | 7 | | (B) An entity that receives the majority of its funding | 8 | | from one or more financially interested outpatient | 9 | | dialysis providers, parent companies of outpatient | 10 | | dialysis providers, subsidiaries of outpatient dialysis | 11 | | providers, or related entities. | 12 | | (6) "Group contract" means a contract for health care | 13 | | services which
by its terms limits eligibility to members of a | 14 | | specified group.
| 15 | | (7) "Health care plan" means any arrangement whereby any | 16 | | organization
undertakes to provide or arrange for and pay for | 17 | | or reimburse the
cost of basic health care services, excluding | 18 | | any reasonable deductibles and copayments, from providers | 19 | | selected by
the Health Maintenance Organization and such | 20 | | arrangement
consists of arranging for or the provision of such | 21 | | health care services, as
distinguished from mere | 22 | | indemnification against the cost of such services,
except as | 23 | | otherwise authorized by Section 2-3 of this Act,
on a per | 24 | | capita prepaid basis, through insurance or otherwise. A "health
| 25 | | care plan" also includes any arrangement whereby an | 26 | | organization undertakes to
provide or arrange for or pay for or |
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| 1 | | reimburse the cost of any health care
service for persons who | 2 | | are enrolled under Article V of the Illinois Public Aid
Code or | 3 | | under the Children's Health Insurance Program Act through
| 4 | | providers selected by the organization and the arrangement | 5 | | consists of making
provision for the delivery of health care | 6 | | services, as distinguished from mere
indemnification. A | 7 | | "health care plan" also includes any arrangement pursuant
to | 8 | | Section 4-17. Nothing in this definition, however, affects the | 9 | | total
medical services available to persons eligible for | 10 | | medical assistance under the
Illinois Public Aid Code.
| 11 | | (8) "Health care services" means any services included in | 12 | | the furnishing
to any individual of medical or dental care, or | 13 | | the hospitalization or
incident to the furnishing of such care | 14 | | or hospitalization as well as the
furnishing to any person of | 15 | | any and all other services for the purpose of
preventing, | 16 | | alleviating, curing or healing human illness or injury.
| 17 | | (9) "Health Maintenance Organization" means any | 18 | | organization formed
under the laws of this or another state to | 19 | | provide or arrange for one or
more health care plans under a | 20 | | system which causes any part of the risk of
health care | 21 | | delivery to be borne by the organization or its providers.
| 22 | | (10) "Net worth" means admitted assets, as defined in | 23 | | Section 1-3 of
this Act, minus liabilities.
| 24 | | (11) "Organization" means any insurance company, a | 25 | | nonprofit
corporation authorized under the Dental
Service Plan | 26 | | Act or the Voluntary
Health Services Plans Act,
or a |
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| 1 | | corporation organized under the laws of this or another state | 2 | | for the
purpose of operating one or more health care plans and | 3 | | doing no business other
than that of a Health Maintenance | 4 | | Organization or an insurance company.
"Organization" shall | 5 | | also mean the University of Illinois Hospital as
defined in the | 6 | | University of Illinois Hospital Act or a unit of local | 7 | | government health system operating within a county with a | 8 | | population of 3,000,000 or more.
| 9 | | (11.5) "Outpatient dialysis provider" means any | 10 | | professional person, organization, health facility, or other | 11 | | person or institution certified by the Centers for Medicare and | 12 | | Medicaid Services as an independent dialysis facility as | 13 | | described in Part 494 of Title 42 of the Code of Federal | 14 | | Regulations. | 15 | | (12) "Provider" means any physician, hospital facility,
| 16 | | facility licensed under the Nursing Home Care Act, or facility | 17 | | or long-term care facility as those terms are defined in the | 18 | | Nursing Home Care Act or other person which is licensed or | 19 | | otherwise authorized
to furnish health care services and also | 20 | | includes any other entity that
arranges for the delivery or | 21 | | furnishing of health care service.
| 22 | | (13) "Producer" means a person directly or indirectly | 23 | | associated with a
health care plan who engages in solicitation | 24 | | or enrollment.
| 25 | | (14) "Per capita prepaid" means a basis of prepayment by | 26 | | which a fixed
amount of money is prepaid per individual or any |
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| 1 | | other enrollment unit to
the Health Maintenance Organization or | 2 | | for health care services which are
provided during a definite | 3 | | time period regardless of the frequency or
extent of the | 4 | | services rendered
by the Health Maintenance Organization, | 5 | | except for copayments and deductibles
and except as provided in | 6 | | subsection (f) of Section 5-3 of this Act.
| 7 | | (15) "Subscriber" means a person who has entered into a | 8 | | contractual
relationship with the Health Maintenance | 9 | | Organization for the provision of
or arrangement of at least | 10 | | basic health care services to the beneficiaries
of such | 11 | | contract. | 12 | | (16) "Third-party premium payment" means any health care | 13 | | plan premium payment made directly by an outpatient dialysis | 14 | | provider or other third party, made indirectly through payments | 15 | | to the individual for the purpose of making health care plan | 16 | | premium payments, or provided to one or more intermediaries | 17 | | with the intention that the funds be used to make health care | 18 | | plan premium payments for the individuals.
| 19 | | (Source: P.A. 98-651, eff. 6-16-14; 98-841, eff. 8-1-14; 99-78, | 20 | | eff. 7-20-15.)
| 21 | | (215 ILCS 125/4-5.1 new) | 22 | | Sec. 4-5.1. Third-party premium payments; determination of | 23 | | reimbursement. | 24 | | (a) If a financially interested entity makes a third-party | 25 | | premium payment to a Health Maintenance Organization on behalf |
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| 1 | | of an enrollee, reimbursement to a financially interested | 2 | | outpatient dialysis provider for covered services provided | 3 | | shall be determined by the following: | 4 | | (1) For a contracted financially interested outpatient | 5 | | dialysis provider that makes a third-party premium payment | 6 | | or has a financial relationship with the entity making the | 7 | | third-party premium payment, the amount of reimbursement | 8 | | for covered services that shall be paid to the financially | 9 | | interested outpatient dialysis provider on behalf of the | 10 | | enrollee shall be governed by the terms and conditions of | 11 | | the enrollee's health care plan contract or the Medicare | 12 | | reimbursement rate, whichever is lower. Financially | 13 | | interested outpatient dialysis providers shall not bill | 14 | | the enrollee or seek reimbursement from the enrollee for | 15 | | any services provided, except for cost sharing pursuant to | 16 | | the terms and conditions of the enrollee's health care plan | 17 | | contract. If an enrollee's contract imposes a coinsurance | 18 | | payment for a claim that is subject to this paragraph, the | 19 | | coinsurance payment shall be based on the amount paid by | 20 | | the Health Maintenance Organization pursuant to this | 21 | | paragraph. | 22 | | (2) For a noncontracting financially interested | 23 | | outpatient dialysis provider that makes a third-party | 24 | | premium payment or has a financial relationship with the | 25 | | entity making the third-party premium payment, the amount | 26 | | of reimbursement for covered services that shall be paid to |
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| 1 | | the financially interested outpatient dialysis provider on | 2 | | behalf of the enrollee shall be governed by the terms and | 3 | | conditions of the enrollee's health care plan contract or | 4 | | the Medicare reimbursement rate, whichever is lower. | 5 | | Financially interested outpatient dialysis providers shall | 6 | | not bill the enrollee or seek reimbursement from the | 7 | | enrollee for any services provided, except for cost sharing | 8 | | pursuant to the terms and conditions of the enrollee's | 9 | | health care plan contract. If an enrollee's contract | 10 | | imposes a coinsurance payment for a claim that is subject | 11 | | to this paragraph, the coinsurance payment shall be based | 12 | | on the amount paid by the Health Maintenance Organization | 13 | | pursuant to this paragraph. A claim submitted to a Health | 14 | | Maintenance Organization by a noncontracting financially | 15 | | interested outpatient dialysis provider may be considered | 16 | | an incomplete claim and contested by the Health Maintenance | 17 | | Organization if the financially interested outpatient | 18 | | dialysis provider has not provided the information as | 19 | | required in subsection (b) of Section 10 of the Outpatient | 20 | | Dialysis Payer Transparency Act. | 21 | | (b) The following shall occur if a Health Maintenance | 22 | | Organization subsequently discovers that a financially | 23 | | interested entity fails to provide disclosure pursuant to | 24 | | subsection (b) of Section 10 of the Outpatient Dialysis Payer | 25 | | Transparency Act: | 26 | | (1) The Health Maintenance Organization shall be |
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| 1 | | entitled to recover 120% of the difference between any | 2 | | payment made to an outpatient dialysis provider and the | 3 | | payment to which the outpatient dialysis provider would | 4 | | have been entitled pursuant to subsection (a), including | 5 | | interest on that difference. | 6 | | (2) The Health Maintenance Organization shall notify | 7 | | the Department of Insurance of the amount by which the | 8 | | outpatient dialysis provider was overpaid and shall remit | 9 | | to the Department of Insurance any amount exceeding the | 10 | | difference between the payment made to the outpatient | 11 | | dialysis provider and the payment to which the outpatient | 12 | | dialysis provider would have been entitled pursuant to | 13 | | subsection (a), including interest on that difference that | 14 | | was recovered pursuant to paragraph (1). | 15 | | (c) Each Health Maintenance Organization subject to this | 16 | | Section shall provide to the Department of Insurance | 17 | | information regarding premium payments by financially | 18 | | interested entities and reimbursement for services to | 19 | | outpatient dialysis providers under subsection (a). The | 20 | | information shall be provided at least annually at the | 21 | | discretion of the Department of Insurance and shall include, to | 22 | | the best of the Health Maintenance Organization's knowledge, | 23 | | the number of enrollees whose premiums were paid by financially | 24 | | interested entities, disclosures provided to the Health | 25 | | Maintenance Organization pursuant to subsection (b) of Section | 26 | | 10 of the Outpatient Dialysis Payer Transparency Act the |
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| 1 | | identities of any outpatient dialysis providers whose | 2 | | reimbursement rate was governed by subsection (a), the | 3 | | identities of any outpatient dialysis providers who failed to | 4 | | provide disclosure as described in subsection (b) of Section 10 | 5 | | of the Outpatient Dialysis Payer Transparency Act, and, at the | 6 | | discretion of the Department of Insurance, additional | 7 | | information necessary for the implementation of this Section. | 8 | | (d) This Section does not affect a contracted payment rate | 9 | | for an outpatient dialysis provider who is not financially | 10 | | interested. | 11 | | (e) This Section does not give an insurer any additional | 12 | | ability to refuse to accept premium payments or to cancel or | 13 | | refuse to renew an existing enrollment or subscription, | 14 | | regardless of the source of payment. | 15 | | (f) A Health Maintenance Organization shall accept premium | 16 | | payments from the following third-party entities without the | 17 | | entities needing to comply with reporting requirements: | 18 | | (1) Any member of the individual's family, defined for | 19 | | purposes of this Section to include the individual's | 20 | | spouse, domestic partner, child, parent, grandparent, and | 21 | | siblings, unless the true source of funds used to make the | 22 | | premium payment originates with a financially interested | 23 | | entity. | 24 | | (2) An entity making the premium payments for coverage | 25 | | of Medicare services pursuant to contracts with the United | 26 | | States government, Medicare supplement coverage, long-term |
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| 1 | | care insurance, coverage issued as a supplement to | 2 | | liability insurance, insurance arising out of workers' | 3 | | compensation law or similar law, automobile medical | 4 | | payment insurance, or insurance under which benefits are | 5 | | payable with or without regard to fault and that is | 6 | | statutorily required to be contained in any liability | 7 | | insurance policy or equivalent self-insurance. ".
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