093_SB0459sam002

 










                                     LRB093 03318 AMC 14189 a

 1                    AMENDMENT TO SENATE BILL 459

 2        AMENDMENT NO.     .  Amend Senate Bill 459,  AS  AMENDED,
 3    by  replacing  everything  after the enacting clause with the
 4    following:

 5        "Section 5.  The Managed Care Reform and  Patient  Rights
 6    Act is amended by changing Section 20 as follows:

 7        (215 ILCS 134/20)
 8        Sec.  20.  Notice of nonrenewal or termination.  A health
 9    care plan must give at least 60 days notice of nonrenewal  or
10    termination  of  a  health  care  provider to the health care
11    provider and to the  enrollees  served  by  the  health  care
12    provider.  The  notice  shall  include  a name and address to
13    which an enrollee or health care provider may direct comments
14    and  concerns  regarding  the  nonrenewal   or   termination.
15    Immediate  written  notice  may  be  provided without 60 days
16    notice  when  a  health  care  provider's  license  has  been
17    disciplined by a State  licensing  board  or  a  health  care
18    provider's  hospital  medical  staff privileges required in a
19    contract with a health  care  plan  have  been  suspended  or
20    revoked.
21    (Source: P.A. 91-617, eff. 1-1-00.)
 
                            -2-      LRB093 03318 AMC 14189 a
 1        Section  10.   The  Health  Care Professional Credentials
 2    Data Collection Act is amended  by  changing  Section  15  as
 3    follows:

 4        (410 ILCS 517/15)
 5        Sec.  15.  Development and use of uniform health care and
 6    hospital credentials forms.
 7        (a)  The Department, in consultation  with  the  council,
 8    shall by rule establish:
 9             (1)  a  uniform  health  care  credentials form that
10        shall include the credentials data commonly requested  by
11        health  care  entities and health care plans for purposes
12        of credentialing and shall  minimize  the  need  for  the
13        collection of additional credentials data;
14             (2)  a  uniform  health care recredentials form that
15        shall include the credentials data commonly requested  by
16        health  care  entities and health care plans for purposes
17        of recredentialing and shall minimize the  need  for  the
18        collection of additional credentials data;
19             (3)  a  uniform hospital credentials form that shall
20        include  the  credentials  data  commonly  requested   by
21        hospitals   for   purposes  of  credentialing  and  shall
22        minimize  the  need  for  the  collection  of  additional
23        credentials data;
24             (4)  a  uniform  hospital  recredentials  form  that
25        shall include the credentials data commonly requested  by
26        hospitals  for  purposes  of  recredentialing  and  shall
27        minimize   the   need   for   collection   of  additional
28        credentials data; and
29             (5)  uniform updating forms.
30        (b)  The uniform  forms  established  in  subsection  (a)
31    shall  be coordinated to reduce the need to provide redundant
32    information. Further, the forms shall be  made  available  in
33    both paper and electronic formats.
 
                            -3-      LRB093 03318 AMC 14189 a
 1        (c)  The  Department,  in  consultation with the council,
 2    shall establish by rule a  date  after  which  an  electronic
 3    format may be required by a health care entity, a health care
 4    plan,  or  a  hospital,  and  a  health care professional may
 5    require acceptance of an electronic format by a  health  care
 6    entity, a health care plan, or a hospital.
 7        (d)  Beginning  January  1, 2002, each health care entity
 8    or health care plan that employs, contracts with,  or  allows
 9    health  care  professionals to provide medical or health care
10    services  and  requires  health  care  professionals  to   be
11    credentialed   or   recredentialed   shall  for  purposes  of
12    collecting credentials data only require:
13             (1)  the uniform health care credentials form;
14             (2)  the uniform health care recredentials form;
15             (3)  the uniform updating forms; and
16             (4)  any additional credentials data requested.
17        (e)  Beginning  January  1,  2002,  each  hospital   that
18    employs,  contracts with, or allows health care professionals
19    to provide medical  or  health  care  services  and  requires
20    health    care    professionals   to   be   credentialed   or
21    recredentialed shall for purposes of  collecting  credentials
22    data only require:
23             (1)  the uniform hospital credentials form;
24             (2)  the uniform hospital recredentials form;
25             (3)  the uniform updating forms; and
26             (4)  any additional credentials data requested.
27        (f)  Each  health  care entity and health care plan shall
28    complete   the   process   of   verifying   a   health   care
29    professional's credentials data in a timely fashion and shall
30    complete the process of credentialing or  recredentialing  of
31    the  health care professional within 60 days after submission
32    of all credentials data and completion of verification of the
33    credentials data.
34        (f-5) Each health care plan that credentials health  care
 
                            -4-      LRB093 03318 AMC 14189 a
 1    professionals  may  request  of  the Director of Professional
 2    Regulation information concerning the  licensure  status  of,
 3    any   disciplinary   action   taken  against,  and  specified
 4    mandatory  reports  concerning  an  individual  health   care
 5    professional.  The  Director of Professional Regulation shall
 6    transmit, in writing not later than 15 days after  the  close
 7    of  the  month  in  which  action is taken or reported to the
 8    Department  of   Professional   Regulation,   the   following
 9    information:   (1)  the  current  licensure  status  and  any
10    disciplinary action with regard to a license,  including  but
11    not  limited  to  any limitations, restrictions, suspensions,
12    probations, or revocations or failure to renew a license  and
13    (2)  any  report  of  an  adverse  action  of  a  peer review
14    committee of a hospital or  other  health  care  entity  with
15    respect  to  an allegation against a health care professional
16    or a matter that  relates  to  the  professional  conduct  or
17    qualifications   of   the   health   care  professional.  Any
18    transmittal of information by the  Director  of  Professional
19    Regulation  under  this  Section  shall be to the health care
20    plan's peer review designee. The information  provided  under
21    this  subsection  shall  be  afforded  the  same status as is
22    information concerning medical studies by Part 21 of  Article
23    VIII  of  the  Code  of  Civil  Procedure. The Department  of
24    Professional Regulation may carry out its duties  under  this
25    subsection  through  the creation of an automated transmittal
26    system to registered health plans.
27        (g)  Each health  care  professional  shall  provide  any
28    corrections,   updates,  and  modifications  to  his  or  her
29    credentials data to ensure that all credentials data  on  the
30    health  care  professional remains current. Such corrections,
31    updates,  and  modifications  shall  be  provided  within   5
32    business  days  for  State  health  care professional license
33    revocation,   federal   Drug   Enforcement   Agency   license
34    revocation, Medicare or  Medicaid  sanctions,  revocation  of
 
                            -5-      LRB093 03318 AMC 14189 a
 1    hospital  privileges,  any  lapse  in  professional liability
 2    coverage required by a health care entity, health care  plan,
 3    or  hospital,  or  conviction of a felony, and within 45 days
 4    for any other change in the information  from  the  date  the
 5    health  care  professional  knew  of the change.  All updates
 6    shall be made on the uniform updating forms developed by  the
 7    Department.
 8        (h)  Any  credentials  data  collected or obtained by the
 9    health care entity, health care plan, or  hospital  shall  be
10    confidential,  as  provided  by law, and otherwise may not be
11    redisclosed  without  written  consent  of  the  health  care
12    professional, except that  in  any  proceeding  to  challenge
13    credentialing  or recredentialing, or in any judicial review,
14    the claim of confidentiality shall not be invoked to  deny  a
15    health  care  professional,  health  care entity, health care
16    plan, or hospital access  to  or  use  of  credentials  data.
17    Nothing in this Section prevents a health care entity, health
18    care  plan,  or hospital from disclosing any credentials data
19    to    its    officers,    directors,    employees,    agents,
20    subcontractors, medical staff members, any committee  of  the
21    health care entity, health care plan, or hospital involved in
22    the   credentialing   process,  or  accreditation  bodies  or
23    licensing agencies.  However, any redisclosure of credentials
24    data contrary to this Section is prohibited.
25        (i)  Nothing in this Act shall be construed  to  restrict
26    the  right  of  any  health  care entity, health care plan or
27    hospital to  request  additional  information  necessary  for
28    credentialing or recredentialing.
29        (j)  Nothing  in  this Act shall be construed to restrict
30    in any way the authority of any health  care  entity,  health
31    care  plan  or  hospital  to  approve,  suspend  or  deny  an
32    application   for   hospital   staff   membership,   clinical
33    privileges, or managed care network participation.
34        (k)  Nothing  in  this Act shall be construed to prohibit
 
                            -6-      LRB093 03318 AMC 14189 a
 1    delegation of credentialing and recredentialing activities as
 2    long as the delegated entity  follows  the  requirements  set
 3    forth in this Act.
 4        (l)  Nothing  in  this  Act shall be construed to require
 5    any health care entity or health care plan to  credential  or
 6    survey any health care professional.
 7        (m) Nothing in this Act shall be construed to prevent any
 8    health  care  entity  or  health  care plan from submitting a
 9    query to the Department of Professional  Regulation  for  the
10    current  licensure  status of any health care professional or
11    the National Practitioner Data Bank at any time.
12    (Source: P.A. 91-602, eff. 8-16-99; 92-193, eff. 1-1-02.)".