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


Rep. Dagmara Avelar

Filed: 4/16/2021





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2    AMENDMENT NO. ______. Amend House Bill 3803 by replacing
3everything after the enacting clause with the following:
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.



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1        (2) If the uninsured patient has indicated an
2    inability to pay the full amount of the debt in one
3    payment, the hospital has offered the patient a reasonable
4    payment plan. The hospital may require the uninsured
5    patient to provide reasonable verification of his or her
6    inability to pay the full amount of the debt in one
7    payment.
8        (3) To the extent the hospital provides financial
9    assistance and the circumstances of the uninsured patient
10    suggest the potential for eligibility for charity care,
11    the uninsured patient has been given at least 60 days
12    following the date of discharge or receipt of outpatient
13    care to submit an application for financial assistance.
14        (4) If the uninsured patient has agreed to a
15    reasonable payment plan with the hospital, and the patient
16    has failed to make payments in accordance with that
17    reasonable payment plan.
18        (5) If the uninsured patient informs the hospital that
19    he or she has applied for health care coverage under
20    Medicaid, Kidcare, or other government-sponsored health
21    care program (and there is a reasonable basis to believe
22    that the patient will qualify for such program) but the
23    patient's application is denied.
24    (a-5) A hospital shall proactively offer information on
25charity care options available to uninsured patients,
26regardless of their immigration status or residency.



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1    (b) A hospital may not refer a bill, or portion thereof, to
2a collection agency or attorney for collection action against
3the insured patient, without first offering the patient the
4opportunity to request a reasonable payment plan for the
5amount personally owed by the patient. Such an opportunity
6shall be made available for the 30 days following the date of
7the initial bill. If the insured patient requests a reasonable
8payment plan, but fails to agree to a plan within 30 days of
9the request, the hospital may proceed with collection action
10against the patient.
11    (c) No collection agency, law firm, or individual may
12initiate legal action for non-payment of a hospital bill
13against a patient without the written approval of an
14authorized hospital employee who reasonably believes that the
15conditions for pursuing collection action under this Section
16have been met.
17    (d) Nothing in this Section prohibits a hospital from
18engaging an outside third party agency, firm, or individual to
19manage the process of implementing the hospital's financial
20assistance and reasonable payment plan programs and policies
21so long as such agency, firm, or individual is contractually
22bound to comply with the terms of this Act.
23(Source: P.A. 94-885, eff. 1-1-07.)
24    Section 99. Effective date. This Act takes effect on the
25first day of the first month immediately following 90 days



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1after becoming law.".