State of Illinois
91st General Assembly
Legislation

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91_HB2713

 
                                               LRB9103967SMpr

 1        AN ACT regarding managed care.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Health Maintenance  Organization  Act  is
 5    amended by changing Section 5-7.1 as follows:

 6        (215 ILCS 125/5-7.1) (from Ch. 111 1/2, par. 1415.1)
 7        Sec.  5-7.1.  No  health  care  plan  shall  include  any
 8    provision  which shall have the effect of denying coverage to
 9    or on behalf of an enrollee under the such plan on the  basis
10    of a failure by the enrollee to file a notice of claim within
11    the  time  period required by the plan, provided such failure
12    is  caused  solely  by  the  physical  inability  or   mental
13    incapacity  of  the  enrollee  to  file  such notice of claim
14    because of a period of emergency hospitalization.
15    (Source: P.A. 86-784.)

16        Section 10.  The Illinois Public Aid Code is  amended  by
17    changing Section 5-16 as follows:

18        (305 ILCS 5/5-16) (from Ch. 23, par. 5-16)
19        Sec.  5-16.   Managed  Care.  The Illinois Department may
20    develop  and  implement  a  Primary   Care   Sponsor   System
21    consistent  with the provisions of this Section.  The purpose
22    of this managed care delivery system shall be to contain  the
23    costs  of  providing  medical  care to Medicaid recipients by
24    having one provider responsible for managing all aspects of a
25    recipient's medical care.  This  managed  care  system  shall
26    have the following characteristics:
27             (a)  The   Department,   by  rule,  shall  establish
28        criteria to determine which clients must  participate  in
29        this program;
 
                            -2-                LRB9103967SMpr
 1             (b)  Providers  participating  in the program may be
 2        paid an amount per patient per month, to be  set  by  the
 3        Illinois   Department,   for  managing  each  recipient's
 4        medical care;
 5             (c)  Providers  eligible  to  participate   in   the
 6        program shall be physicians licensed to practice medicine
 7        in  all  its  branches,  and  the Illinois Department may
 8        terminate a provider's participation if the  provider  is
 9        determined  to  have failed to comply with any applicable
10        program standard or procedure established by the Illinois
11        Department;
12             (d)  Each recipient required to participate  in  the
13        program   must  select  from  a  panel  of  primary  care
14        providers or networks established by  the  Department  in
15        their communities;
16             (e)  A  recipient  may change his designated primary
17        care provider:
18                  (1)  when   the   designated   source   becomes
19             unavailable,  as  the  Illinois   Department   shall
20             determine by rule; or
21                  (2)  when  the designated primary care provider
22             notifies the Illinois Department that it  wishes  to
23             withdraw   from   any  obligation  as  primary  care
24             provider; or
25                  (3)  in  other  situations,  as  the   Illinois
26             Department shall provide by rule;
27             (f)  The   Illinois   Department   shall,  by  rule,
28        establish procedures for providing medical services  when
29        the  designated  source  becomes unavailable or wishes to
30        withdraw from any obligation  as  primary  care  provider
31        taking  into  consideration  the  need  for  emergency or
32        temporary  medical  assistance  and  ensuring  that   the
33        recipient  has  continuous  and  unrestricted  access  to
34        medical   care   from   the   date   on  which  the  such
 
                            -3-                LRB9103967SMpr
 1        unavailability or withdrawal becomes effective until such
 2        time as the recipient designates a primary care source;
 3             (g)  Only medical  care  services  authorized  by  a
 4        recipient's  designated  provider,  except  for emergency
 5        services, services performed by a provider that is  owned
 6        or  operated  by a county and that provides non-emergency
 7        services without regard to ability to pay and such  other
 8        services as provided by the Illinois Department, shall be
 9        subject  to  payment  by  the  Illinois  Department.  The
10        Illinois Department shall enter into an intergovernmental
11        agreement with each county that owns or operates  such  a
12        provider  to  develop  and implement policies to minimize
13        the provision of medical care services provided by county
14        owned or operated providers  pursuant  to  the  foregoing
15        exception.
16        The  Illinois  Department shall seek and obtain necessary
17    authorization provided under federal law to implement such  a
18    program including the waiver of any federal regulations.
19        The  Illinois  Department  may  implement  the amendatory
20    changes to this Section made by this amendatory Act  of  1991
21    through  the  use  of  emergency rules in accordance with the
22    provisions of Section 5.02  of  the  Illinois  Administrative
23    Procedure  Act.  For  purposes of the Illinois Administrative
24    Procedure  Act,  the  adoption  of  rules  to  implement  the
25    amendatory changes to this Section made  by  this  amendatory
26    Act  of  1991  shall be deemed an emergency and necessary for
27    the public interest, safety and welfare.
28        The Illinois Department  may  establish  a  managed  care
29    system   demonstration   program,  on  a  limited  basis,  as
30    described in this Section.  The demonstration  program  shall
31    terminate  on June 30, 1997.  Within 30 days after the end of
32    each year  of  the  demonstration  program's  operation,  the
33    Illinois  Department  shall  report  to  the Governor and the
34    General   Assembly   concerning   the   operation   of    the
 
                            -4-                LRB9103967SMpr
 1    demonstration program.
 2    (Source: P.A. 87-14; 88-490.)

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