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    AN ACT concerning professional 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 Medical Practice Act of 1987 is amended  by 
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changing Section 22.2 as follows:
 
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    (225 ILCS 60/22.2)

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    (Section scheduled to be repealed on December 31, 2010)
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    Sec. 22.2. Prohibition against fee splitting. 
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    (a) A licensee under this Act may not directly or 
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indirectly divide, share or split any professional fee or other 
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form of compensation for professional services with anyone in 
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exchange for a referral or otherwise, other than as provided in 
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this Section 22.2.
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    (b) Nothing contained in this Section abrogates the right 
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of 2 or more licensed health care workers as defined in the 
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Health Care Worker Self-referral Act to each receive adequate 
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compensation for concurrently rendering services to a patient 
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and to divide the fee for such service, provided that the 
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patient has full knowledge of the division and the division is 
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made in proportion to the actual services personally performed 
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and responsibility assumed by each licensee consistent with his 
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or her license, except as prohibited by law.
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    (c) Nothing contained in this Section prohibits a licensee 
 


 






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under this Act from practicing medicine through or within any 
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form of legal entity authorized to conduct business in this 
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State or from pooling, sharing, dividing, or apportioning the 
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professional fees and other revenues in accordance with the 
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agreements and policies of the entity provided:
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        (1) each owner of the entity is licensed under this 
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    Act;
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        (2) the entity is organized under the Medical 
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    Corporation Act, the Professional Services Corporation 
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    Act, the Professional Association Act, or the Limited 
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    Liability Company Act;
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        (3) the entity is allowed by Illinois law to provide 
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    physician services or employ physicians such as a licensed 
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    hospital or hospital affiliate or licensed ambulatory 
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    surgical treatment center owned in full or in part by 
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    Illinois-licensed physicians; or
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        (4) the entity is a combination or joint venture of the 
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    entities authorized under this subsection (c); or . 
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        (5) the entity is an Illinois not for profit 
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    corporation that is recognized as exempt from the payment 
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    of federal income taxes as an organization described in 
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    Section 501(c)(3) of the Internal Revenue Code and all of 
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    its members are full-time faculty members of a medical 
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    school that offers a M.D. degree program that is accredited 
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    by the Liaison Committee on Medical Education and a program 
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    of graduate medical education that is accredited by the 
 


 






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    Accreditation Council for Graduate Medical Education. 
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    (d) Nothing contained in this Section prohibits a licensee 
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under this Act from paying a fair market value fee to any 
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person or entity whose purpose is to perform billing, 
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administrative preparation, or collection services based upon 
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a percentage of professional service fees billed or collected, 
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a flat fee, or any other arrangement that directly or 
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indirectly divides professional fees, for the administrative 
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preparation of the licensee's claims or the collection of the 
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licensee's charges for professional services, provided that:
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        (i) the licensee or the licensee's practice under 
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    subsection (c) of this Section at all times controls the 
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    amount of fees charged and collected; and
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        (ii) all charges collected are paid directly to the 
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    licensee or the licensee's practice or are deposited 
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    directly into an account in the name of and under the sole 
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    control of the licensee or the licensee's practice or 
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    deposited into a "Trust Account" by a licensed collection 
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    agency in accordance with the requirements of Section 8(c) 
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    of the Illinois Collection Agency Act.
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    (e) Nothing contained in this Section prohibits the 
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granting of a security interest in the accounts receivable or 
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fees of a licensee under this Act or the licensee's practice 
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for bona fide advances made to the licensee or licensee's 
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practice provided the licensee retains control and 
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responsibility for the collection of the accounts receivable 
 


 






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and fees.
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    (f) Excluding payments that may be made to the owners of or 
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licensees in the licensee's practice under subsection (c), a 
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licensee under this Act may not divide, share or split a 
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professional service fee with, or otherwise directly or 
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indirectly pay a percentage of the licensee's professional 
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service fees, revenues or profits to anyone for: (i) the 
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marketing or management of the licensee's practice, (ii) 
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including the licensee or the licensee's practice on any 
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preferred provider list, (iii) allowing the licensee to 
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participate in any network of health care providers, (iv) 
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negotiating fees, charges or terms of service or payment on 
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behalf of the licensee, or (v) including the licensee in a 
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program whereby patients or beneficiaries are provided an 
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incentive to use the services of the licensee.

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(Source: P.A. 96-608, eff. 8-24-09.)
 
 
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    Section 99. Effective date. This Act takes effect upon 
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becoming law.