Full Text of HB3803 102nd General Assembly
HB3803 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB3803 Introduced 2/22/2021, by Rep. Dagmara Avelar SYNOPSIS AS INTRODUCED: |
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Amends the Fair Patient Billing Act. Requires a hospital to proactively offer information on charity care options available to patients, regardless of their immigration status, health insurance, or residency, and to obtain the signature of a patient declining charity care if the patient does not intend to access financial assistance. Effective July 1, 2021.
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Fair Patient Billing Act is amended by | 5 | | changing Section 30 as follows: | 6 | | (210 ILCS 88/30)
| 7 | | Sec. 30. Pursuing collection action.
| 8 | | (a) Hospitals and their agents may pursue collection | 9 | | action against an uninsured patient only if the following | 10 | | conditions 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 | 18 | | charity care options available to patients, regardless of | 19 | | their immigration status, health insurance, or residency. The | 20 | | hospital is required to obtain the signature of a patient | 21 | | declining charity care if the patient does not intend to | 22 | | access financial assistance. | 23 | | (b) A hospital may not refer a bill, or portion thereof, to | 24 | | a collection agency or attorney for collection action against | 25 | | the insured patient, without first offering the patient the | 26 | | opportunity to request a reasonable payment plan for the |
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| 1 | | amount personally owed by the patient. Such an opportunity | 2 | | shall be made available for the 30 days following the date of | 3 | | the initial bill. If the insured patient requests a reasonable | 4 | | payment plan, but fails to agree to a plan within 30 days of | 5 | | the request, the hospital may proceed with collection action | 6 | | against the patient. | 7 | | (c) No collection agency, law firm, or individual may | 8 | | initiate legal action for non-payment of a hospital bill | 9 | | against a patient without the written approval of an | 10 | | authorized hospital employee who reasonably believes that the | 11 | | conditions for pursuing collection action under this Section | 12 | | have been met. | 13 | | (d) Nothing in this Section prohibits a hospital from | 14 | | engaging an outside third party agency, firm, or individual to | 15 | | manage the process of implementing the hospital's financial | 16 | | assistance and reasonable payment plan programs and policies | 17 | | so long as such agency, firm, or individual is contractually | 18 | | bound to comply with the terms of this Act.
| 19 | | (Source: P.A. 94-885, eff. 1-1-07.)
| 20 | | Section 99. Effective date. This Act takes effect July 1, | 21 | | 2021.
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