Illinois General Assembly - Illinois Compiled Statutes

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225 ILCS 47/5

(225 ILCS 47/5)

Sec. 5. Legislative intent.

The General Assembly recognizes that
patient referrals by health care workers for health services
to an entity in which the referring health care worker has an investment
interest may present
a potential conflict of interest.  The General Assembly finds that these referral
practices may limit or completely eliminate competitive alternatives in the health care
market.  In some instances, these referral practices may expand and improve care
or may make services available which were previously unavailable.  They
may also provide
lower cost options to patients or increase competition.  Generally,
referral practices are positive occurrences.  However, self-referrals may
result in over utilization of health services, increased overall costs
of the health care systems, and may affect the quality of health care.

It is the intent of the General Assembly to provide guidance to health
care workers regarding acceptable patient referrals, to prohibit patient
referrals to entities providing health services in which the referring
health care worker has an investment interest, and to protect the
citizens of Illinois from unnecessary and costly health care expenditures.

Recognizing the need for flexibility to quickly respond to changes in
the delivery of health services, to avoid results beyond the
limitations on self referral provided under this Act and to provide minimal
disruption to the appropriate delivery of health care, the Health Facilities and Services Review Board shall be exclusively and solely authorized to
implement and interpret this Act through adopted rules.

The General Assembly recognizes that changes in delivery of health care has
resulted in various methods by which health care workers practice their
professions.  It is not the intent of the General Assembly to limit
appropriate delivery of care, nor force unnecessary changes in the
structures created by workers for the health and convenience of their
patients.

(Source: P.A. 96-31, eff. 6-30-09.)