103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2641

 

Introduced 11/8/2023, by Sen. Linda Holmes

 

SYNOPSIS AS INTRODUCED:
 
215 ILCS 124/10

    Amends the Network Adequacy and Transparency Act. Provides that the Department of Insurance shall determine whether the network plan at each in-network hospital and facility has a sufficient number of hospital-based medical specialists to ensure that covered persons have reasonable and timely access to such in-network physicians and the services they direct or supervise. Defines "hospital-based medical specialists".


LRB103 35049 JAG 64994 b

 

 

A BILL FOR

 

SB2641LRB103 35049 JAG 64994 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Network Adequacy and Transparency Act is
5amended by changing Section 10 as follows:
 
6    (215 ILCS 124/10)
7    Sec. 10. Network adequacy.
8    (a) An insurer providing a network plan shall file a
9description of all of the following with the Director:
10        (1) The written policies and procedures for adding
11    providers to meet patient needs based on increases in the
12    number of beneficiaries, changes in the
13    patient-to-provider ratio, changes in medical and health
14    care capabilities, and increased demand for services.
15        (2) The written policies and procedures for making
16    referrals within and outside the network.
17        (3) The written policies and procedures on how the
18    network plan will provide 24-hour, 7-day per week access
19    to network-affiliated primary care, emergency services,
20    and women's principal health care providers.
21    An insurer shall not prohibit a preferred provider from
22discussing any specific or all treatment options with
23beneficiaries irrespective of the insurer's position on those

 

 

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1treatment options or from advocating on behalf of
2beneficiaries within the utilization review, grievance, or
3appeals processes established by the insurer in accordance
4with any rights or remedies available under applicable State
5or federal law.
6    (b) Insurers must file for review a description of the
7services to be offered through a network plan. The description
8shall include all of the following:
9        (1) A geographic map of the area proposed to be served
10    by the plan by county service area and zip code, including
11    marked locations for preferred providers.
12        (2) As deemed necessary by the Department, the names,
13    addresses, phone numbers, and specialties of the providers
14    who have entered into preferred provider agreements under
15    the network plan.
16        (3) The number of beneficiaries anticipated to be
17    covered by the network plan.
18        (4) An Internet website and toll-free telephone number
19    for beneficiaries and prospective beneficiaries to access
20    current and accurate lists of preferred providers,
21    additional information about the plan, as well as any
22    other information required by Department rule.
23        (5) A description of how health care services to be
24    rendered under the network plan are reasonably accessible
25    and available to beneficiaries. The description shall
26    address all of the following:

 

 

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1            (A) the type of health care services to be
2        provided by the network plan;
3            (B) the ratio of physicians and other providers to
4        beneficiaries, by specialty and including primary care
5        physicians and facility-based physicians when
6        applicable under the contract, necessary to meet the
7        health care needs and service demands of the currently
8        enrolled population;
9            (C) the travel and distance standards for plan
10        beneficiaries in county service areas; and
11            (D) a description of how the use of telemedicine,
12        telehealth, or mobile care services may be used to
13        partially meet the network adequacy standards, if
14        applicable.
15        (6) A provision ensuring that whenever a beneficiary
16    has made a good faith effort, as evidenced by accessing
17    the provider directory, calling the network plan, and
18    calling the provider, to utilize preferred providers for a
19    covered service and it is determined the insurer does not
20    have the appropriate preferred providers due to
21    insufficient number, type, unreasonable travel distance or
22    delay, or preferred providers refusing to provide a
23    covered service because it is contrary to the conscience
24    of the preferred providers, as protected by the Health
25    Care Right of Conscience Act, the insurer shall ensure,
26    directly or indirectly, by terms contained in the payer

 

 

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1    contract, that the beneficiary will be provided the
2    covered service at no greater cost to the beneficiary than
3    if the service had been provided by a preferred provider.
4    This paragraph (6) does not apply to: (A) a beneficiary
5    who willfully chooses to access a non-preferred provider
6    for health care services available through the panel of
7    preferred providers, or (B) a beneficiary enrolled in a
8    health maintenance organization. In these circumstances,
9    the contractual requirements for non-preferred provider
10    reimbursements shall apply unless Section 356z.3a of the
11    Illinois Insurance Code requires otherwise. In no event
12    shall a beneficiary who receives care at a participating
13    health care facility be required to search for
14    participating providers under the circumstances described
15    in subsection (b) or (b-5) of Section 356z.3a of the
16    Illinois Insurance Code except under the circumstances
17    described in paragraph (2) of subsection (b-5).
18        (7) A provision that the beneficiary shall receive
19    emergency care coverage such that payment for this
20    coverage is not dependent upon whether the emergency
21    services are performed by a preferred or non-preferred
22    provider and the coverage shall be at the same benefit
23    level as if the service or treatment had been rendered by a
24    preferred provider. For purposes of this paragraph (7),
25    "the same benefit level" means that the beneficiary is
26    provided the covered service at no greater cost to the

 

 

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1    beneficiary than if the service had been provided by a
2    preferred provider. This provision shall be consistent
3    with Section 356z.3a of the Illinois Insurance Code.
4        (8) A limitation that, if the plan provides that the
5    beneficiary will incur a penalty for failing to
6    pre-certify inpatient hospital treatment, the penalty may
7    not exceed $1,000 per occurrence in addition to the plan
8    cost sharing provisions.
9    (c) The network plan shall demonstrate to the Director a
10minimum ratio of providers to plan beneficiaries as required
11by the Department.
12        (1) The ratio of physicians or other providers to plan
13    beneficiaries shall be established annually by the
14    Department in consultation with the Department of Public
15    Health based upon the guidance from the federal Centers
16    for Medicare and Medicaid Services. The Department shall
17    not establish ratios for vision or dental providers who
18    provide services under dental-specific or vision-specific
19    benefits. The Department shall consider establishing
20    ratios for the following physicians or other providers:
21            (A) Primary Care;
22            (B) Pediatrics;
23            (C) Cardiology;
24            (D) Gastroenterology;
25            (E) General Surgery;
26            (F) Neurology;

 

 

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1            (G) OB/GYN;
2            (H) Oncology/Radiation;
3            (I) Ophthalmology;
4            (J) Urology;
5            (K) Behavioral Health;
6            (L) Allergy/Immunology;
7            (M) Chiropractic;
8            (N) Dermatology;
9            (O) Endocrinology;
10            (P) Ears, Nose, and Throat (ENT)/Otolaryngology;
11            (Q) Infectious Disease;
12            (R) Nephrology;
13            (S) Neurosurgery;
14            (T) Orthopedic Surgery;
15            (U) Physiatry/Rehabilitative;
16            (V) Plastic Surgery;
17            (W) Pulmonary;
18            (X) Rheumatology;
19            (Y) Anesthesiology;
20            (Z) Pain Medicine;
21            (AA) Pediatric Specialty Services;
22            (BB) Outpatient Dialysis; and
23            (CC) HIV.
24        (2) The Director shall establish a process for the
25    review of the adequacy of these standards, along with an
26    assessment of additional specialties to be included in the

 

 

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1    list under this subsection (c).
2    (d) The network plan shall demonstrate to the Director
3maximum travel and distance standards for plan beneficiaries,
4which shall be established annually by the Department in
5consultation with the Department of Public Health based upon
6the guidance from the federal Centers for Medicare and
7Medicaid Services. These standards shall consist of the
8maximum minutes or miles to be traveled by a plan beneficiary
9for each county type, such as large counties, metro counties,
10or rural counties as defined by Department rule.
11    The maximum travel time and distance standards must
12include standards for each physician and other provider
13category listed for which ratios have been established.
14    The Director shall establish a process for the review of
15the adequacy of these standards along with an assessment of
16additional specialties to be included in the list under this
17subsection (d).
18    (d-5)(1) Every insurer shall ensure that beneficiaries
19have timely and proximate access to treatment for mental,
20emotional, nervous, or substance use disorders or conditions
21in accordance with the provisions of paragraph (4) of
22subsection (a) of Section 370c of the Illinois Insurance Code.
23Insurers shall use a comparable process, strategy, evidentiary
24standard, and other factors in the development and application
25of the network adequacy standards for timely and proximate
26access to treatment for mental, emotional, nervous, or

 

 

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1substance use disorders or conditions and those for the access
2to treatment for medical and surgical conditions. As such, the
3network adequacy standards for timely and proximate access
4shall equally be applied to treatment facilities and providers
5for mental, emotional, nervous, or substance use disorders or
6conditions and specialists providing medical or surgical
7benefits pursuant to the parity requirements of Section 370c.1
8of the Illinois Insurance Code and the federal Paul Wellstone
9and Pete Domenici Mental Health Parity and Addiction Equity
10Act of 2008. Notwithstanding the foregoing, the network
11adequacy standards for timely and proximate access to
12treatment for mental, emotional, nervous, or substance use
13disorders or conditions shall, at a minimum, satisfy the
14following requirements:
15        (A) For beneficiaries residing in the metropolitan
16    counties of Cook, DuPage, Kane, Lake, McHenry, and Will,
17    network adequacy standards for timely and proximate access
18    to treatment for mental, emotional, nervous, or substance
19    use disorders or conditions means a beneficiary shall not
20    have to travel longer than 30 minutes or 30 miles from the
21    beneficiary's residence to receive outpatient treatment
22    for mental, emotional, nervous, or substance use disorders
23    or conditions. Beneficiaries shall not be required to wait
24    longer than 10 business days between requesting an initial
25    appointment and being seen by the facility or provider of
26    mental, emotional, nervous, or substance use disorders or

 

 

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1    conditions for outpatient treatment or to wait longer than
2    20 business days between requesting a repeat or follow-up
3    appointment and being seen by the facility or provider of
4    mental, emotional, nervous, or substance use disorders or
5    conditions for outpatient treatment; however, subject to
6    the protections of paragraph (3) of this subsection, a
7    network plan shall not be held responsible if the
8    beneficiary or provider voluntarily chooses to schedule an
9    appointment outside of these required time frames.
10        (B) For beneficiaries residing in Illinois counties
11    other than those counties listed in subparagraph (A) of
12    this paragraph, network adequacy standards for timely and
13    proximate access to treatment for mental, emotional,
14    nervous, or substance use disorders or conditions means a
15    beneficiary shall not have to travel longer than 60
16    minutes or 60 miles from the beneficiary's residence to
17    receive outpatient treatment for mental, emotional,
18    nervous, or substance use disorders or conditions.
19    Beneficiaries shall not be required to wait longer than 10
20    business days between requesting an initial appointment
21    and being seen by the facility or provider of mental,
22    emotional, nervous, or substance use disorders or
23    conditions for outpatient treatment or to wait longer than
24    20 business days between requesting a repeat or follow-up
25    appointment and being seen by the facility or provider of
26    mental, emotional, nervous, or substance use disorders or

 

 

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1    conditions for outpatient treatment; however, subject to
2    the protections of paragraph (3) of this subsection, a
3    network plan shall not be held responsible if the
4    beneficiary or provider voluntarily chooses to schedule an
5    appointment outside of these required time frames.
6    (2) For beneficiaries residing in all Illinois counties,
7network adequacy standards for timely and proximate access to
8treatment for mental, emotional, nervous, or substance use
9disorders or conditions means a beneficiary shall not have to
10travel longer than 60 minutes or 60 miles from the
11beneficiary's residence to receive inpatient or residential
12treatment for mental, emotional, nervous, or substance use
13disorders or conditions.
14    (3) If there is no in-network facility or provider
15available for a beneficiary to receive timely and proximate
16access to treatment for mental, emotional, nervous, or
17substance use disorders or conditions in accordance with the
18network adequacy standards outlined in this subsection, the
19insurer shall provide necessary exceptions to its network to
20ensure admission and treatment with a provider or at a
21treatment facility in accordance with the network adequacy
22standards in this subsection.
23    (e) Except for network plans solely offered as a group
24health plan, these ratio and time and distance standards apply
25to the lowest cost-sharing tier of any tiered network.
26    (f) The network plan may consider use of other health care

 

 

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1service delivery options, such as telemedicine or telehealth,
2mobile clinics, and centers of excellence, or other ways of
3delivering care to partially meet the requirements set under
4this Section.
5    (g) Except for the requirements set forth in subsection
6(d-5), insurers who are not able to comply with the provider
7ratios and time and distance standards established by the
8Department may request an exception to these requirements from
9the Department. The Department may grant an exception in the
10following circumstances:
11        (1) if no providers or facilities meet the specific
12    time and distance standard in a specific service area and
13    the insurer (i) discloses information on the distance and
14    travel time points that beneficiaries would have to travel
15    beyond the required criterion to reach the next closest
16    contracted provider outside of the service area and (ii)
17    provides contact information, including names, addresses,
18    and phone numbers for the next closest contracted provider
19    or facility;
20        (2) if patterns of care in the service area do not
21    support the need for the requested number of provider or
22    facility type and the insurer provides data on local
23    patterns of care, such as claims data, referral patterns,
24    or local provider interviews, indicating where the
25    beneficiaries currently seek this type of care or where
26    the physicians currently refer beneficiaries, or both; or

 

 

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1        (3) other circumstances deemed appropriate by the
2    Department consistent with the requirements of this Act.
3    (h) Insurers are required to report to the Director any
4material change to an approved network plan within 15 days
5after the change occurs and any change that would result in
6failure to meet the requirements of this Act. Upon notice from
7the insurer, the Director shall reevaluate the network plan's
8compliance with the network adequacy and transparency
9standards of this Act.
10    (i) The Department shall determine whether the network
11plan at each in-network hospital and facility has a sufficient
12number of hospital-based medical specialists to ensure that
13covered persons have reasonable and timely access to such
14in-network physicians and the services they direct or
15supervise. As used in this subsection, "hospital-based medical
16specialists" means physicians working in specialties that are
17usually located at in-network hospitals and facilities,
18including, but not limited to, radiologists, pathologists,
19anesthesiologists, and emergency room physicians.
20(Source: P.A. 102-144, eff. 1-1-22; 102-901, eff. 7-1-22;
21102-1117, eff. 1-13-23.)