Illinois General Assembly - Full Text of HB3803
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Full Text of HB3803  102nd General Assembly




HB3803 EnrolledLRB102 14417 CPF 19769 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 Fair Patient Billing Act is amended by
5changing Section 30 as follows:
6    (210 ILCS 88/30)
7    Sec. 30. Pursuing collection action.
8    (a) Hospitals and their agents may pursue collection
9action against an uninsured patient only if the following
10conditions are met:
11        (1) The hospital has given the uninsured patient the
12    opportunity to:
13            (A) assess the accuracy of the bill;
14            (B) apply for financial assistance under the
15        hospital's financial assistance policy; and
16            (C) avail themselves of a reasonable payment plan.
17        (2) If the uninsured patient has indicated an
18    inability to pay the full amount of the debt in one
19    payment, the hospital has offered the patient a reasonable
20    payment plan. The hospital may require the uninsured
21    patient to provide reasonable verification of his or her
22    inability to pay the full amount of the debt in one
23    payment.



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1        (3) To the extent the hospital provides financial
2    assistance and the circumstances of the uninsured patient
3    suggest the potential for eligibility for charity care,
4    the uninsured patient has been given at least 60 days
5    following the date of discharge or receipt of outpatient
6    care to submit an application for financial assistance.
7        (4) If the uninsured patient has agreed to a
8    reasonable payment plan with the hospital, and the patient
9    has failed to make payments in accordance with that
10    reasonable payment plan.
11        (5) If the uninsured patient informs the hospital that
12    he or she has applied for health care coverage under
13    Medicaid, Kidcare, or other government-sponsored health
14    care program (and there is a reasonable basis to believe
15    that the patient will qualify for such program) but the
16    patient's application is denied.
17    (a-5) A hospital shall proactively offer information on
18charity care options available to uninsured patients,
19regardless of their immigration status or residency.
20    (b) A hospital may not refer a bill, or portion thereof, to
21a collection agency or attorney for collection action against
22the insured patient, without first offering the patient the
23opportunity to request a reasonable payment plan for the
24amount personally owed by the patient. Such an opportunity
25shall be made available for the 30 days following the date of
26the initial bill. If the insured patient requests a reasonable



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1payment plan, but fails to agree to a plan within 30 days of
2the request, the hospital may proceed with collection action
3against the patient.
4    (c) No collection agency, law firm, or individual may
5initiate legal action for non-payment of a hospital bill
6against a patient without the written approval of an
7authorized hospital employee who reasonably believes that the
8conditions for pursuing collection action under this Section
9have been met.
10    (d) Nothing in this Section prohibits a hospital from
11engaging an outside third party agency, firm, or individual to
12manage the process of implementing the hospital's financial
13assistance and reasonable payment plan programs and policies
14so long as such agency, firm, or individual is contractually
15bound to comply with the terms of this Act.
16(Source: P.A. 94-885, eff. 1-1-07.)
17    Section 99. Effective date. This Act takes effect on the
18first day of the first month immediately following 90 days
19after becoming law.