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Public Act 102-0144 |
SB0471 Enrolled | LRB102 09983 BMS 15301 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Network Adequacy and Transparency Act is |
amended by changing Section 10 as follows: |
(215 ILCS 124/10)
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Sec. 10. Network adequacy. |
(a) An insurer providing a network plan shall file a |
description of all of the following with the Director: |
(1) The written policies and procedures for adding |
providers to meet patient needs based on increases in the |
number of beneficiaries, changes in the |
patient-to-provider ratio, changes in medical and health |
care capabilities, and increased demand for services. |
(2) The written policies and procedures for making |
referrals within and outside the network. |
(3) The written policies and procedures on how the |
network plan will provide 24-hour, 7-day per week access |
to network-affiliated primary care, emergency services, |
and woman's principal health care providers. |
An insurer shall not prohibit a preferred provider from |
discussing any specific or all treatment options with |
beneficiaries irrespective of the insurer's position on those |
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treatment options or from advocating on behalf of |
beneficiaries within the utilization review, grievance, or |
appeals processes established by the insurer in accordance |
with any rights or remedies available under applicable State |
or federal law. |
(b) Insurers must file for review a description of the |
services to be offered through a network plan. The description |
shall include all of the following: |
(1) A geographic map of the area proposed to be served |
by the plan by county service area and zip code, including |
marked locations for preferred providers. |
(2) As deemed necessary by the Department, the names, |
addresses, phone numbers, and specialties of the providers |
who have entered into preferred provider agreements under |
the network plan. |
(3) The number of beneficiaries anticipated to be |
covered by the network plan. |
(4) An Internet website and toll-free telephone number |
for beneficiaries and prospective beneficiaries to access |
current and accurate lists of preferred providers, |
additional information about the plan, as well as any |
other information required by Department rule. |
(5) A description of how health care services to be |
rendered under the network plan are reasonably accessible |
and available to beneficiaries. The description shall |
address all of the following: |
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(A) the type of health care services to be |
provided by the network plan; |
(B) the ratio of physicians and other providers to |
beneficiaries, by specialty and including primary care |
physicians and facility-based physicians when |
applicable under the contract, necessary to meet the |
health care needs and service demands of the currently |
enrolled population; |
(C) the travel and distance standards for plan |
beneficiaries in county service areas; and |
(D) a description of how the use of telemedicine, |
telehealth, or mobile care services may be used to |
partially meet the network adequacy standards, if |
applicable. |
(6) A provision ensuring that whenever a beneficiary |
has made a good faith effort, as evidenced by accessing |
the provider directory, calling the network plan, and |
calling the provider, to utilize preferred providers for a |
covered service and it is determined the insurer does not |
have the appropriate preferred providers due to |
insufficient number, type, or unreasonable travel distance |
or delay, the insurer shall ensure, directly or |
indirectly, by terms contained in the payer contract, that |
the beneficiary will be provided the covered service at no |
greater cost to the beneficiary than if the service had |
been provided by a preferred provider. This paragraph (6) |
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does not apply to: (A) a beneficiary who willfully chooses |
to access a non-preferred provider for health care |
services available through the panel of preferred |
providers, or (B) a beneficiary enrolled in a health |
maintenance organization. In these circumstances, the |
contractual requirements for non-preferred provider |
reimbursements shall apply. |
(7) A provision that the beneficiary shall receive |
emergency care coverage such that payment for this |
coverage is not dependent upon whether the emergency |
services are performed by a preferred or non-preferred |
provider and the coverage shall be at the same benefit |
level as if the service or treatment had been rendered by a |
preferred provider. For purposes of this paragraph (7), |
"the same benefit level" means that the beneficiary is |
provided the covered service at no greater cost to the |
beneficiary than if the service had been provided by a |
preferred provider. |
(8) A limitation that, if the plan provides that the |
beneficiary will incur a penalty for failing to |
pre-certify inpatient hospital treatment, the penalty may |
not exceed $1,000 per occurrence in addition to the plan |
cost sharing provisions. |
(c) The network plan shall demonstrate to the Director a |
minimum ratio of providers to plan beneficiaries as required |
by the Department. |
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(1) The ratio of physicians or other providers to plan |
beneficiaries shall be established annually by the |
Department in consultation with the Department of Public |
Health based upon the guidance from the federal Centers |
for Medicare and Medicaid Services. The Department shall |
not establish ratios for vision or dental providers who |
provide services under dental-specific or vision-specific |
benefits. The Department shall consider establishing |
ratios for the following physicians or other providers: |
(A) Primary Care; |
(B) Pediatrics; |
(C) Cardiology; |
(D) Gastroenterology; |
(E) General Surgery; |
(F) Neurology; |
(G) OB/GYN; |
(H) Oncology/Radiation; |
(I) Ophthalmology; |
(J) Urology; |
(K) Behavioral Health; |
(L) Allergy/Immunology; |
(M) Chiropractic; |
(N) Dermatology; |
(O) Endocrinology; |
(P) Ears, Nose, and Throat (ENT)/Otolaryngology; |
(Q) Infectious Disease; |
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(R) Nephrology; |
(S) Neurosurgery; |
(T) Orthopedic Surgery; |
(U) Physiatry/Rehabilitative; |
(V) Plastic Surgery; |
(W) Pulmonary; |
(X) Rheumatology; |
(Y) Anesthesiology; |
(Z) Pain Medicine; |
(AA) Pediatric Specialty Services; |
(BB) Outpatient Dialysis; and |
(CC) HIV. |
(2) The Director shall establish a process for the |
review of the adequacy of these standards, along with an |
assessment of additional specialties to be included in the |
list under this subsection (c). |
(d) The network plan shall demonstrate to the Director |
maximum travel and distance standards for plan beneficiaries, |
which shall be established annually by the Department in |
consultation with the Department of Public Health based upon |
the guidance from the federal Centers for Medicare and |
Medicaid Services. These standards shall consist of the |
maximum minutes or miles to be traveled by a plan beneficiary |
for each county type, such as large counties, metro counties, |
or rural counties as defined by Department rule. |
The maximum travel time and distance standards must |
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include standards for each physician and other provider |
category listed for which ratios have been established. |
The Director shall establish a process for the review of |
the adequacy of these standards along with an assessment of |
additional specialties to be included in the list under this |
subsection (d). |
(d-5) (1) Every insurer shall ensure that beneficiaries |
have timely and proximate access to treatment for mental, |
emotional, nervous, or substance use disorders or conditions |
in accordance with the provisions of paragraph (4) of |
subsection (a) of Section 370c of the Illinois Insurance Code. |
Insurers shall use a comparable process, strategy, evidentiary |
standard, and other factors in the development and application |
of the network adequacy standards for timely and proximate |
access to treatment for mental, emotional, nervous, or |
substance use disorders or conditions and those for the access |
to treatment for medical and surgical conditions. As such, the |
network adequacy standards for timely and proximate access |
shall equally be applied to treatment facilities and providers |
for mental, emotional, nervous, or substance use disorders or |
conditions and specialists providing medical or surgical |
benefits pursuant to the parity requirements of Section 370c.1 |
of the Illinois Insurance Code and the federal Paul Wellstone |
and Pete Domenici Mental Health Parity and Addiction Equity |
Act of 2008. Notwithstanding the foregoing, the network |
adequacy standards for timely and proximate access to |
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treatment for mental, emotional, nervous, or substance use |
disorders or conditions shall, at a minimum, satisfy the |
following requirements: |
(A) For beneficiaries residing in the metropolitan |
counties of Cook, DuPage, Kane, Lake, McHenry, and |
Will, network adequacy standards for timely and |
proximate access to treatment for mental, emotional, |
nervous, or substance use disorders or conditions |
means a beneficiary shall not have to travel longer |
than 30 minutes or 30 miles from the beneficiary's |
residence to receive outpatient treatment for mental, |
emotional, nervous, or substance use disorders or |
conditions. Beneficiaries shall not be required to |
wait longer than 10 business days between requesting |
an initial appointment and being seen by the facility |
or provider of mental, emotional, nervous, or |
substance use disorders or conditions for outpatient |
treatment or to wait longer than 20 business days |
between requesting a repeat or follow-up appointment |
and being seen by the facility or provider of mental, |
emotional, nervous, or substance use disorders or |
conditions for outpatient treatment; however, subject |
to the protections of paragraph (3) of this |
subsection, a network plan shall not be held |
responsible if the beneficiary or provider voluntarily |
chooses to schedule an appointment outside of these |
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required time frames. |
(B) For beneficiaries residing in Illinois |
counties other than those counties listed in |
subparagraph (A) of this paragraph, network adequacy |
standards for timely and proximate access to treatment |
for mental, emotional, nervous, or substance use |
disorders or conditions means a beneficiary shall not |
have to travel longer than 60 minutes or 60 miles from |
the beneficiary's residence to receive outpatient |
treatment for mental, emotional, nervous, or substance |
use disorders or conditions. Beneficiaries shall not |
be required to wait longer than 10 business days |
between requesting an initial appointment and being |
seen by the facility or provider of mental, emotional, |
nervous, or substance use disorders or conditions for |
outpatient treatment or to wait longer than 20 |
business days between requesting a repeat or follow-up |
appointment and being seen by the facility or provider |
of mental, emotional, nervous, or substance use |
disorders or conditions for outpatient treatment; |
however, subject to the protections of paragraph (3) |
of this subsection, a network plan shall not be held |
responsible if the beneficiary or provider voluntarily |
chooses to schedule an appointment outside of these |
required time frames. |
(2) For beneficiaries residing in all Illinois |
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counties, network adequacy standards for timely and |
proximate access to treatment for mental, emotional, |
nervous, or substance use disorders or conditions means a |
beneficiary shall not have to travel longer than 60 |
minutes or 60 miles from the beneficiary's residence to |
receive inpatient or residential treatment for mental, |
emotional, nervous, or substance use disorders or |
conditions. |
(3) If there is no in-network facility or provider |
available for a beneficiary to receive timely and |
proximate access to treatment for mental, emotional, |
nervous, or substance use disorders or conditions in |
accordance with the network adequacy standards outlined in |
this subsection, the insurer shall provide necessary |
exceptions to its network to ensure admission and |
treatment with a provider or at a treatment facility in |
accordance with the network adequacy standards in this |
subsection. |
(e) Except for network plans solely offered as a group |
health plan, these ratio and time and distance standards apply |
to the lowest cost-sharing tier of any tiered network. |
(f) The network plan may consider use of other health care |
service delivery options, such as telemedicine or telehealth, |
mobile clinics, and centers of excellence, or other ways of |
delivering care to partially meet the requirements set under |
this Section. |
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(g) Except for the requirements set forth in subsection |
(d-5), insurers Insurers who are not able to comply with the |
provider ratios and time and distance standards established by |
the Department may request an exception to these requirements |
from the Department. The Department may grant an exception in |
the following circumstances: |
(1) if no providers or facilities meet the specific |
time and distance standard in a specific service area and |
the insurer (i) discloses information on the distance and |
travel time points that beneficiaries would have to travel |
beyond the required criterion to reach the next closest |
contracted provider outside of the service area and (ii) |
provides contact information, including names, addresses, |
and phone numbers for the next closest contracted provider |
or facility; |
(2) if patterns of care in the service area do not |
support the need for the requested number of provider or |
facility type and the insurer provides data on local |
patterns of care, such as claims data, referral patterns, |
or local provider interviews, indicating where the |
beneficiaries currently seek this type of care or where |
the physicians currently refer beneficiaries, or both; or |
(3) other circumstances deemed appropriate by the |
Department consistent with the requirements of this Act. |
(h) Insurers are required to report to the Director any |
material change to an approved network plan within 15 days |
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after the change occurs and any change that would result in |
failure to meet the requirements of this Act. Upon notice from |
the insurer, the Director shall reevaluate the network plan's |
compliance with the network adequacy and transparency |
standards of this Act.
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(Source: P.A. 100-502, eff. 9-15-17; 100-601, eff. 6-29-18.) |
Section 10. The Illinois Public Aid Code is amended by |
changing Sections 5-16.8 and 5-30.1 as follows:
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(305 ILCS 5/5-16.8)
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Sec. 5-16.8. Required health benefits. The medical |
assistance program
shall
(i) provide the post-mastectomy care |
benefits required to be covered by a policy of
accident and |
health insurance under Section 356t and the coverage required
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under Sections 356g.5, 356u, 356w, 356x, 356z.6, 356z.26, |
356z.29, 356z.32, 356z.33, 356z.34, and 356z.35 of the |
Illinois
Insurance Code , and (ii) be subject to the provisions |
of Sections 356z.19, 364.01, 370c, and 370c.1 of the Illinois
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Insurance Code , and (iii) be subject to the provisions of |
subsection (d-5) of Section 10 of the Network Adequacy and |
Transparency Act .
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The Department, by rule, shall adopt a model similar to |
the requirements of Section 356z.39 of the Illinois Insurance |
Code. |
On and after July 1, 2012, the Department shall reduce any |
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rate of reimbursement for services or other payments or alter |
any methodologies authorized by this Code to reduce any rate |
of reimbursement for services or other payments in accordance |
with Section 5-5e. |
To ensure full access to the benefits set forth in this |
Section, on and after January 1, 2016, the Department shall |
ensure that provider and hospital reimbursement for |
post-mastectomy care benefits required under this Section are |
no lower than the Medicare reimbursement rate. |
(Source: P.A. 100-138, eff. 8-18-17; 100-863, eff. 8-14-18; |
100-1057, eff. 1-1-19; 100-1102, eff. 1-1-19; 101-81, eff. |
7-12-19; 101-218, eff. 1-1-20; 101-281, eff. 1-1-20; 101-371, |
eff. 1-1-20; 101-574, eff. 1-1-20; 101-649, eff. 7-7-20.)
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(305 ILCS 5/5-30.1) |
Sec. 5-30.1. Managed care protections. |
(a) As used in this Section: |
"Managed care organization" or "MCO" means any entity |
which contracts with the Department to provide services where |
payment for medical services is made on a capitated basis. |
"Emergency services" include: |
(1) emergency services, as defined by Section 10 of |
the Managed Care Reform and Patient Rights Act; |
(2) emergency medical screening examinations, as |
defined by Section 10 of the Managed Care Reform and |
Patient Rights Act; |
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(3) post-stabilization medical services, as defined by |
Section 10 of the Managed Care Reform and Patient Rights |
Act; and |
(4) emergency medical conditions, as defined by
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Section 10 of the Managed Care Reform and Patient Rights
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Act. |
(b) As provided by Section 5-16.12, managed care |
organizations are subject to the provisions of the Managed |
Care Reform and Patient Rights Act. |
(c) An MCO shall pay any provider of emergency services |
that does not have in effect a contract with the contracted |
Medicaid MCO. The default rate of reimbursement shall be the |
rate paid under Illinois Medicaid fee-for-service program |
methodology, including all policy adjusters, including but not |
limited to Medicaid High Volume Adjustments, Medicaid |
Percentage Adjustments, Outpatient High Volume Adjustments, |
and all outlier add-on adjustments to the extent such |
adjustments are incorporated in the development of the |
applicable MCO capitated rates. |
(d) An MCO shall pay for all post-stabilization services |
as a covered service in any of the following situations: |
(1) the MCO authorized such services; |
(2) such services were administered to maintain the |
enrollee's stabilized condition within one hour after a |
request to the MCO for authorization of further |
post-stabilization services; |
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(3) the MCO did not respond to a request to authorize |
such services within one hour; |
(4) the MCO could not be contacted; or |
(5) the MCO and the treating provider, if the treating |
provider is a non-affiliated provider, could not reach an |
agreement concerning the enrollee's care and an affiliated |
provider was unavailable for a consultation, in which case |
the MCO
must pay for such services rendered by the |
treating non-affiliated provider until an affiliated |
provider was reached and either concurred with the |
treating non-affiliated provider's plan of care or assumed |
responsibility for the enrollee's care. Such payment shall |
be made at the default rate of reimbursement paid under |
Illinois Medicaid fee-for-service program methodology, |
including all policy adjusters, including but not limited |
to Medicaid High Volume Adjustments, Medicaid Percentage |
Adjustments, Outpatient High Volume Adjustments and all |
outlier add-on adjustments to the extent that such |
adjustments are incorporated in the development of the |
applicable MCO capitated rates. |
(e) The following requirements apply to MCOs in |
determining payment for all emergency services: |
(1) MCOs shall not impose any requirements for prior |
approval of emergency services. |
(2) The MCO shall cover emergency services provided to |
enrollees who are temporarily away from their residence |
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and outside the contracting area to the extent that the |
enrollees would be entitled to the emergency services if |
they still were within the contracting area. |
(3) The MCO shall have no obligation to cover medical |
services provided on an emergency basis that are not |
covered services under the contract. |
(4) The MCO shall not condition coverage for emergency |
services on the treating provider notifying the MCO of the |
enrollee's screening and treatment within 10 days after |
presentation for emergency services. |
(5) The determination of the attending emergency |
physician, or the provider actually treating the enrollee, |
of whether an enrollee is sufficiently stabilized for |
discharge or transfer to another facility, shall be |
binding on the MCO. The MCO shall cover emergency services |
for all enrollees whether the emergency services are |
provided by an affiliated or non-affiliated provider. |
(6) The MCO's financial responsibility for |
post-stabilization care services it has not pre-approved |
ends when: |
(A) a plan physician with privileges at the |
treating hospital assumes responsibility for the |
enrollee's care; |
(B) a plan physician assumes responsibility for |
the enrollee's care through transfer; |
(C) a contracting entity representative and the |
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treating physician reach an agreement concerning the |
enrollee's care; or |
(D) the enrollee is discharged. |
(f) Network adequacy and transparency. |
(1) The Department shall: |
(A) ensure that an adequate provider network is in |
place, taking into consideration health professional |
shortage areas and medically underserved areas; |
(B) publicly release an explanation of its process |
for analyzing network adequacy; |
(C) periodically ensure that an MCO continues to |
have an adequate network in place; and |
(D) require MCOs, including Medicaid Managed Care |
Entities as defined in Section 5-30.2, to meet |
provider directory requirements under Section 5-30.3 ; |
and . |
(E) require MCOs, including Medicaid Managed Care |
Entities as defined in Section 5-30.2, to meet each of |
the requirements under subsection (d-5) of Section 10 |
of the Network Adequacy and Transparency Act; with |
necessary exceptions to the MCO's network to ensure |
that admission and treatment with a provider or at a |
treatment facility in accordance with the network |
adequacy standards in paragraph (3) of subsection |
(d-5) of Section 10 of the Network Adequacy and |
Transparency Act is limited to providers or facilities |
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that are Medicaid certified. |
(2) Each MCO shall confirm its receipt of information |
submitted specific to physician or dentist additions or |
physician or dentist deletions from the MCO's provider |
network within 3 days after receiving all required |
information from contracted physicians or dentists, and |
electronic physician and dental directories must be |
updated consistent with current rules as published by the |
Centers for Medicare and Medicaid Services or its |
successor agency. |
(g) Timely payment of claims. |
(1) The MCO shall pay a claim within 30 days of |
receiving a claim that contains all the essential |
information needed to adjudicate the claim. |
(2) The MCO shall notify the billing party of its |
inability to adjudicate a claim within 30 days of |
receiving that claim. |
(3) The MCO shall pay a penalty that is at least equal |
to the timely payment interest penalty imposed under |
Section 368a of the Illinois Insurance Code for any claims |
not timely paid. |
(A) When an MCO is required to pay a timely payment |
interest penalty to a provider, the MCO must calculate |
and pay the timely payment interest penalty that is |
due to the provider within 30 days after the payment of |
the claim. In no event shall a provider be required to |
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request or apply for payment of any owed timely |
payment interest penalties. |
(B) Such payments shall be reported separately |
from the claim payment for services rendered to the |
MCO's enrollee and clearly identified as interest |
payments. |
(4)(A) The Department shall require MCOs to expedite |
payments to providers identified on the Department's |
expedited provider list, determined in accordance with 89 |
Ill. Adm. Code 140.71(b), on a schedule at least as |
frequently as the providers are paid under the |
Department's fee-for-service expedited provider schedule. |
(B) Compliance with the expedited provider requirement |
may be satisfied by an MCO through the use of a Periodic |
Interim Payment (PIP) program that has been mutually |
agreed to and documented between the MCO and the provider, |
and the PIP program ensures that any expedited provider |
receives regular and periodic payments based on prior |
period payment experience from that MCO. Total payments |
under the PIP program may be reconciled against future PIP |
payments on a schedule mutually agreed to between the MCO |
and the provider. |
(C) The Department shall share at least monthly its |
expedited provider list and the frequency with which it |
pays providers on the expedited list. |
(g-5) Recognizing that the rapid transformation of the |
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Illinois Medicaid program may have unintended operational |
challenges for both payers and providers: |
(1) in no instance shall a medically necessary covered |
service rendered in good faith, based upon eligibility |
information documented by the provider, be denied coverage |
or diminished in payment amount if the eligibility or |
coverage information available at the time the service was |
rendered is later found to be inaccurate in the assignment |
of coverage responsibility between MCOs or the |
fee-for-service system, except for instances when an |
individual is deemed to have not been eligible for |
coverage under the Illinois Medicaid program; and |
(2) the Department shall, by December 31, 2016, adopt |
rules establishing policies that shall be included in the |
Medicaid managed care policy and procedures manual |
addressing payment resolutions in situations in which a |
provider renders services based upon information obtained |
after verifying a patient's eligibility and coverage plan |
through either the Department's current enrollment system |
or a system operated by the coverage plan identified by |
the patient presenting for services: |
(A) such medically necessary covered services |
shall be considered rendered in good faith; |
(B) such policies and procedures shall be |
developed in consultation with industry |
representatives of the Medicaid managed care health |
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plans and representatives of provider associations |
representing the majority of providers within the |
identified provider industry; and |
(C) such rules shall be published for a review and |
comment period of no less than 30 days on the |
Department's website with final rules remaining |
available on the Department's website. |
The rules on payment resolutions shall include, but not be |
limited to: |
(A) the extension of the timely filing period; |
(B) retroactive prior authorizations; and |
(C) guaranteed minimum payment rate of no less than |
the current, as of the date of service, fee-for-service |
rate, plus all applicable add-ons, when the resulting |
service relationship is out of network. |
The rules shall be applicable for both MCO coverage and |
fee-for-service coverage. |
If the fee-for-service system is ultimately determined to |
have been responsible for coverage on the date of service, the |
Department shall provide for an extended period for claims |
submission outside the standard timely filing requirements. |
(g-6) MCO Performance Metrics Report. |
(1) The Department shall publish, on at least a |
quarterly basis, each MCO's operational performance, |
including, but not limited to, the following categories of |
metrics: |
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(A) claims payment, including timeliness and |
accuracy; |
(B) prior authorizations; |
(C) grievance and appeals; |
(D) utilization statistics; |
(E) provider disputes; |
(F) provider credentialing; and |
(G) member and provider customer service. |
(2) The Department shall ensure that the metrics |
report is accessible to providers online by January 1, |
2017. |
(3) The metrics shall be developed in consultation |
with industry representatives of the Medicaid managed care |
health plans and representatives of associations |
representing the majority of providers within the |
identified industry. |
(4) Metrics shall be defined and incorporated into the |
applicable Managed Care Policy Manual issued by the |
Department. |
(g-7) MCO claims processing and performance analysis. In |
order to monitor MCO payments to hospital providers, pursuant |
to this amendatory Act of the 100th General Assembly, the |
Department shall post an analysis of MCO claims processing and |
payment performance on its website every 6 months. Such |
analysis shall include a review and evaluation of a |
representative sample of hospital claims that are rejected and |
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denied for clean and unclean claims and the top 5 reasons for |
such actions and timeliness of claims adjudication, which |
identifies the percentage of claims adjudicated within 30, 60, |
90, and over 90 days, and the dollar amounts associated with |
those claims. The Department shall post the contracted claims |
report required by HealthChoice Illinois on its website every |
3 months. |
(g-8) Dispute resolution process. The Department shall |
maintain a provider complaint portal through which a provider |
can submit to the Department unresolved disputes with an MCO. |
An unresolved dispute means an MCO's decision that denies in |
whole or in part a claim for reimbursement to a provider for |
health care services rendered by the provider to an enrollee |
of the MCO with which the provider disagrees. Disputes shall |
not be submitted to the portal until the provider has availed |
itself of the MCO's internal dispute resolution process. |
Disputes that are submitted to the MCO internal dispute |
resolution process may be submitted to the Department of |
Healthcare and Family Services' complaint portal no sooner |
than 30 days after submitting to the MCO's internal process |
and not later than 30 days after the unsatisfactory resolution |
of the internal MCO process or 60 days after submitting the |
dispute to the MCO internal process. Multiple claim disputes |
involving the same MCO may be submitted in one complaint, |
regardless of whether the claims are for different enrollees, |
when the specific reason for non-payment of the claims |
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involves a common question of fact or policy. Within 10 |
business days of receipt of a complaint, the Department shall |
present such disputes to the appropriate MCO, which shall then |
have 30 days to issue its written proposal to resolve the |
dispute. The Department may grant one 30-day extension of this |
time frame to one of the parties to resolve the dispute. If the |
dispute remains unresolved at the end of this time frame or the |
provider is not satisfied with the MCO's written proposal to |
resolve the dispute, the provider may, within 30 days, request |
the Department to review the dispute and make a final |
determination. Within 30 days of the request for Department |
review of the dispute, both the provider and the MCO shall |
present all relevant information to the Department for |
resolution and make individuals with knowledge of the issues |
available to the Department for further inquiry if needed. |
Within 30 days of receiving the relevant information on the |
dispute, or the lapse of the period for submitting such |
information, the Department shall issue a written decision on |
the dispute based on contractual terms between the provider |
and the MCO, contractual terms between the MCO and the |
Department of Healthcare and Family Services and applicable |
Medicaid policy. The decision of the Department shall be |
final. By January 1, 2020, the Department shall establish by |
rule further details of this dispute resolution process. |
Disputes between MCOs and providers presented to the |
Department for resolution are not contested cases, as defined |
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in Section 1-30 of the Illinois Administrative Procedure Act, |
conferring any right to an administrative hearing. |
(g-9)(1) The Department shall publish annually on its |
website a report on the calculation of each managed care |
organization's medical loss ratio showing the following: |
(A) Premium revenue, with appropriate adjustments. |
(B) Benefit expense, setting forth the aggregate |
amount spent for the following: |
(i) Direct paid claims. |
(ii) Subcapitation payments. |
(iii)
Other claim payments. |
(iv)
Direct reserves. |
(v)
Gross recoveries. |
(vi)
Expenses for activities that improve health |
care quality as allowed by the Department. |
(2) The medical loss ratio shall be calculated consistent |
with federal law and regulation following a claims runout |
period determined by the Department. |
(g-10)(1) "Liability effective date" means the date on |
which an MCO becomes responsible for payment for medically |
necessary and covered services rendered by a provider to one |
of its enrollees in accordance with the contract terms between |
the MCO and the provider. The liability effective date shall |
be the later of: |
(A) The execution date of a network participation |
contract agreement. |
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(B) The date the provider or its representative |
submits to the MCO the complete and accurate standardized |
roster form for the provider in the format approved by the |
Department. |
(C) The provider effective date contained within the |
Department's provider enrollment subsystem within the |
Illinois Medicaid Program Advanced Cloud Technology |
(IMPACT) System. |
(2) The standardized roster form may be submitted to the |
MCO at the same time that the provider submits an enrollment |
application to the Department through IMPACT. |
(3) By October 1, 2019, the Department shall require all |
MCOs to update their provider directory with information for |
new practitioners of existing contracted providers within 30 |
days of receipt of a complete and accurate standardized roster |
template in the format approved by the Department provided |
that the provider is effective in the Department's provider |
enrollment subsystem within the IMPACT system. Such provider |
directory shall be readily accessible for purposes of |
selecting an approved health care provider and comply with all |
other federal and State requirements. |
(g-11) The Department shall work with relevant |
stakeholders on the development of operational guidelines to |
enhance and improve operational performance of Illinois' |
Medicaid managed care program, including, but not limited to, |
improving provider billing practices, reducing claim |
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rejections and inappropriate payment denials, and |
standardizing processes, procedures, definitions, and response |
timelines, with the goal of reducing provider and MCO |
administrative burdens and conflict. The Department shall |
include a report on the progress of these program improvements |
and other topics in its Fiscal Year 2020 annual report to the |
General Assembly. |
(h) The Department shall not expand mandatory MCO |
enrollment into new counties beyond those counties already |
designated by the Department as of June 1, 2014 for the |
individuals whose eligibility for medical assistance is not |
the seniors or people with disabilities population until the |
Department provides an opportunity for accountable care |
entities and MCOs to participate in such newly designated |
counties. |
(i) The requirements of this Section apply to contracts |
with accountable care entities and MCOs entered into, amended, |
or renewed after June 16, 2014 (the effective date of Public |
Act 98-651).
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(j) Health care information released to managed care |
organizations. A health care provider shall release to a |
Medicaid managed care organization, upon request, and subject |
to the Health Insurance Portability and Accountability Act of |
1996 and any other law applicable to the release of health |
information, the health care information of the MCO's |
enrollee, if the enrollee has completed and signed a general |