HB1760 95TH GENERAL ASSEMBLY

LRB095 08197 LCT 28366 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1760

Introduced 2/23/2007, by Rep. Mary E. Flowers

SYNOPSIS AS INTRODUCED:

New Act
815 ILCS 505/2Z	from Ch. 121 1/2, par. 262Z

Creates the Hospital Discriminatory Pricing Act. Prohibits a hospital that has provided health care services to an uninsured patient from collecting more from the uninsured patient than the Medicare reimbursement rate. Requires each hospital bill, invoice, or other summary of charges to prominently state the listed information concerning the rates charged. Requires the Office of the Attorney General to provide copies of any complaints filed by patients under the Act to the Department of Public Health. Provides for civil remedies for violation of the Act. Provides civil remedies for violation of the Act. Amends the Consumer Fraud and Deceptive Business Practices Act to make any violation of the Hospital Discriminatory Pricing Act a violation of the Act. Effective immediately.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning pricing.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Hospital Discriminatory Pricing Act.

Section 5. Definitions. As used in this Act:

"Health care services" means any ambulatory or inpatient services or pharmaceuticals provided by a hospital to a patient.

"Hospital" means any facility or institution required to be licensed pursuant to the Hospital Licensing Act or the University of Illinois Hospital Act.

"Uninsured patient" means a patient who is not covered under a policy of health insurance and is not a beneficiary under a public or private health insurance, health benefit, or other health coverage program.

Section 10. Uninsured patients.

(a) No hospital that has provided health care services to an uninsured patient may collect from the uninsured patient more than the Medicare reimbursement rate.

(b) Each hospital bill, invoice, or other summary of charges shall prominently state that "IF YOU ARE UNINSURED, YOU ARE NOT REQUIRED TO PAY MORE THAN THE MEDICARE REIMBURSEMENT RATE. For the services you received, this rate is:....".

The bill, invoice, or other summary of charges shall include the appropriate Medicare reimbursement rate for services rendered after the statement.

Section 15. Reports to the Department of Public Health. The Office of the Attorney General shall provide copies of any complaints filed by patients under this Act to the Department of Public Health.

Section 20. Civil remedies.

(a) A violation of any of the provisions of this Act constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. All remedies, penalties, and authority granted to the Attorney General or State's Attorney by the Consumer Fraud and Deceptive Business Practices Act shall be available to him or her for the enforcement of this Act.

(b) A consumer who suffers loss by reason of any violation of any provision of this Act may bring a civil action in accordance with the Consumer Fraud and Deceptive Business Practices Act to enforce that provision. All remedies and rights granted to a consumer by the Consumer Fraud and Deceptive Business Practices Act shall be available to the consumer bringing such an action. The remedies and rights provided for in this Act are not exclusive, but cumulative, and all other applicable claims including, but not limited to, those brought under the doctrine of equitable mortgage are specifically preserved.

Section 80. The Consumer Fraud and Deceptive Business Practices Act is amended by changing Section 2Z as follows:

(815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)

Sec. 2Z. Violations of other Acts. Any person who knowingly violates the Automotive Repair Act, the Automotive Collision Repair Act, the Home Repair and Remodeling Act, the Dance Studio Act, the Physical Fitness Services Act, the Hearing Instrument Consumer Protection Act, the Illinois Union Label Act, the Job Referral and Job Listing Services Consumer Protection Act, the Travel Promotion Consumer Protection Act, the Credit Services Organizations Act, the Automatic Telephone Dialers Act, the Hospital Discriminatory Pricing Act, the Pay-Per-Call Services Consumer Protection Act, the Telephone Solicitations Act, the Illinois Funeral or Burial Funds Act, the Cemetery Care Act, the Safe and Hygienic Bed Act, the Pre-Need Cemetery Sales Act, the High Risk Home Loan Act, the Payday Loan Reform Act, the Mortgage Rescue Fraud Act, subsection (a) or (b) of Section 3-10 of the Cigarette Tax Act, the Payday Loan Reform Act, subsection (a) or (b) of Section 3-10 of the Cigarette Use Tax Act, the Electronic Mail Act, paragraph (6) of subsection (k) of Section 6-305 of the Illinois Vehicle Code, Article 3 of the Residential Real Property Disclosure Act, the Automatic Contract Renewal Act, or the Personal Information Protection Act commits an unlawful practice within the meaning of this Act.

(Source: P.A. 93-561, eff. 1-1-04; 93-950, eff. 1-1-05; 94-13, eff. 12-6-05; 94-36, eff. 1-1-06; 94-280, eff. 1-1-06; 94-292, eff. 1-1-06; 94-822, eff. 1-1-07.)

Section 99. Effective date. This Act takes effect upon becoming law.