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Public Act 102-0409 Public Act 0409 102ND GENERAL ASSEMBLY |
Public Act 102-0409 | HB0711 Enrolled | LRB102 10190 BMS 20259 b |
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| AN ACT concerning regulation.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 1. Short title. This Act may be cited as the Prior | Authorization Reform Act. | Section 5. Purpose. The General Assembly hereby finds and | declares that:
| (1) the health care professional-patient relationship | is paramount and should not be subject to third-party | intrusion;
| (2) prior authorization programs shall be subject to | member coverage agreements and medical policies but shall | not hinder the independent medical judgment of a physician | or health care provider; and
| (3) prior authorization programs must be transparent | to ensure a fair and consistent process for health care | providers and patients.
| Section 10. Applicability; scope. This Act applies to | health insurance coverage as defined in the Illinois Health | Insurance Portability and Accountability Act, and policies | issued or delivered in this State to the Department of | Healthcare and Family Services and providing coverage to |
| persons who are enrolled under Article V of the Illinois | Public Aid Code or under the Children's Health Insurance | Program Act, amended, delivered, issued, or renewed on or | after the effective date of this Act, with the exception of | employee or employer self-insured health benefit plans under | the federal Employee Retirement Income Security Act of 1974, | health care provided pursuant to the Workers' Compensation Act | or the Workers' Occupational Diseases Act, and State, | employee, unit of local government, or school district health | plans. This Act does not diminish a health care plan's duties | and responsibilities under other federal or State law or rules | promulgated thereunder. This Act is not intended to alter or | impede the provisions of any consent decree or judicial order | to which the State or any of its agencies is a party. | Section 15. Definitions. As used in this Act:
| "Adverse determination" has the meaning given to that term | in Section 10 of the Health Carrier External Review Act.
| "Appeal" means a formal request, either orally or in | writing, to reconsider an adverse determination.
| "Approval" means a determination by a health insurance | issuer or its contracted utilization review organization that | a health care service has been reviewed and, based on the | information provided, satisfies the health insurance issuer's | or its contracted utilization review organization's | requirements for medical necessity and appropriateness.
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| "Clinical review criteria" has the meaning given to that | term in Section 10 of the Health Carrier External Review Act.
| "Department" means the Department of Insurance.
| "Emergency medical condition" has the meaning given to | that term in Section 10 of the Managed Care Reform and Patient | Rights Act.
| "Emergency services" has the meaning given to that term in | federal health insurance reform requirements for the group and | individual health insurance markets, 45 CFR 147.138.
| "Enrollee" has the meaning given to that term in Section | 10 of the Managed Care Reform and Patient Rights Act.
| "Health care professional" has the meaning given to that | term in Section 10 of the Managed Care Reform and Patient | Rights Act.
| "Health care provider" has the meaning given to that term | in Section 10 of the Managed Care Reform and Patient Rights | Act, except that facilities licensed under the Nursing Home | Care Act and long-term care facilities as defined in Section | 1-113 of the Nursing Home Care Act are excluded from this Act. | "Health care service" means any services or level of | services included in the furnishing to an individual of | medical care or the hospitalization incident to the furnishing | of such care, as well as the furnishing to any person of any | other services for the purpose of preventing, alleviating, | curing, or healing human illness or injury, including | behavioral health, mental health, home health, and |
| pharmaceutical services and products.
| "Health insurance issuer" has the meaning given to that | term in Section 5 of the Illinois Health Insurance Portability | and Accountability Act.
| "Medically necessary" means a health care professional | exercising prudent clinical judgment would provide care to a | patient for the purpose of preventing, diagnosing, or treating | an illness, injury, disease, or its symptoms and that are: (i) | in accordance with generally accepted standards of medical | practice; (ii) clinically appropriate in terms of type, | frequency, extent, site, and duration and are considered | effective for the patient's illness, injury, or disease; and | (iii) not primarily for the convenience of the patient, | treating physician, other health care professional, caregiver, | family member, or other interested party, but focused on what | is best for the patient's health outcome.
| "Physician" means a person licensed under the Medical | Practice Act of 1987 or licensed under the laws of another | state to practice medicine in all its branches.
| "Prior authorization" means the process by which health | insurance issuers or their contracted utilization review | organizations determine the medical necessity and medical | appropriateness of otherwise covered health care services | before the rendering of such health care services. "Prior | authorization" includes any health insurance issuer's or its | contracted utilization review organization's requirement that |
| an enrollee, health care professional, or health care provider | notify the health insurance issuer or its contracted | utilization review organization before, at the time of, or | concurrent to providing a health care service.
| "Urgent health care service" means a health care service | with respect to which the application of the time periods for | making a non-expedited prior authorization that in the opinion | of a health care professional with knowledge of the enrollee's | medical condition:
| (1) could seriously jeopardize the life or health of | the enrollee or the ability of the enrollee to regain | maximum function; or
| (2) could subject the enrollee to severe pain that | cannot be adequately managed without the care or treatment | that is the subject of the utilization review.
| "Urgent health care service" does not include emergency | services.
| "Utilization review organization" has the meaning given to | that term in 50 Ill. Adm. Code 4520.30.
| Section 20. Disclosure and review of prior authorization | requirements.
| (a) A health insurance issuer shall maintain a complete | list of services for which prior authorization is required, | including for all services where prior authorization is | performed by an entity under contract with the health |
| insurance issuer.
| (b) A health insurance issuer shall make any current prior | authorization requirements and restrictions, including the | written clinical review criteria, readily accessible and | conspicuously posted on its website to enrollees, health care | professionals, and health care providers. Content published by | a third party and licensed for use by a health insurance issuer | or its contracted utilization review organization may be made | available through the health insurance issuer's or its | contracted utilization review organization's secure, | password-protected website so long as the access requirements | of the website do not unreasonably restrict access. | Requirements shall be described in detail, written in easily | understandable language, and readily available to the health | care professional and health care provider at the point of | care. The website shall indicate for each service subject to | prior authorization:
| (1) when prior authorization became required for | policies issued or delivered in Illinois, including the | effective date or dates and the termination date or dates, | if applicable, in Illinois;
| (2) the date the Illinois-specific requirement was | listed on the health insurance issuer's or its contracted | utilization review organization's website; | (3) where applicable, the date that prior | authorization was removed for Illinois; and
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| (4) where applicable, access to a standardized | electronic prior authorization request transaction | process. | (c) The clinical review criteria must:
| (1) be based on nationally recognized, generally | accepted standards except where State law provides its own | standard;
| (2) be developed in accordance with the current | standards of a national medical accreditation entity;
| (3) ensure quality of care and access to needed health | care services;
| (4) be evidence-based;
| (5) be sufficiently flexible to allow deviations from | norms when justified on a case-by-case basis;
and | (6) be evaluated and updated, if necessary, at least | annually. | (d) A health insurance issuer shall not deny a claim for | failure to obtain prior authorization if the prior | authorization requirement was not in effect on the date of | service on the claim.
| (e) A health insurance issuer or its contracted | utilization review organization shall not deem as incidental | or deny supplies or health care services that are routinely | used as part of a health care service when:
| (1) an associated health care service has received | prior authorization; or
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| (2) prior authorization for the health care service is | not required.
| (f) If a health insurance issuer intends either to | implement a new prior authorization requirement or restriction | or amend an existing requirement or restriction, the health | insurance issuer shall provide contracted health care | professionals and contracted health care providers of | enrollees written notice of the new or amended requirement or | amendment no less than 60 days before the requirement or | restriction is implemented. The written notice may be provided | in an electronic format, including email or facsimile, if the | health care professional or health care provider has agreed in | advance to receive notices electronically. The health | insurance issuer shall ensure that the new or amended | requirement is not implemented unless the health insurance | issuer's or its contracted utilization review organization's | website has been updated to reflect the new or amended | requirement or restriction.
| (g) Entities using prior authorization shall make | statistics available regarding prior authorization approvals | and denials on their website in a readily accessible format. | The statistics must be updated annually and include all of the | following information:
| (1) a list of all health care services, including | medications, that are subject to prior authorization;
| (2) the total number of prior authorization requests |
| received;
| (3) the number of prior authorization requests denied | during the previous plan year by the health insurance | issuer or its contracted utilization review organization | with respect to each service described in paragraph (1) | and the top 5 reasons for denial;
| (4) the number of requests described in paragraph (3) | that were appealed, the number of the appealed requests | that upheld the adverse determination, and the number of | appealed requests that reversed the adverse determination;
| (5) the average time between submission and response;
| and | (6) any other information as the Director determines | appropriate.
| Section 25. Health insurance issuer's and its contracted | utilization review organization's obligations with respect to | prior authorizations in nonurgent circumstances. | Notwithstanding any other provision of law, if a health | insurance issuer requires prior authorization of a health care | service, the health insurance issuer or its contracted | utilization review organization must make an approval or | adverse determination and notify the enrollee, the enrollee's | health care professional, and the enrollee's health care | provider of the approval or adverse determination as required | by applicable law, but no later than 5 calendar days after |
| obtaining all necessary information to make the approval or | adverse determination. As used in this Section, "necessary | information" includes the results of any face-to-face clinical | evaluation, second opinion, or other clinical information that | is directly applicable to the requested service that may be | required. | Section 30. Health insurance issuer's and its contracted | utilization review organization's obligations with respect to | prior authorizations concerning urgent health care services.
| (a) Notwithstanding any other provision of law, a health | insurance issuer or its contracted utilization review | organization must render an approval or adverse determination | concerning urgent care services and notify the enrollee, the | enrollee's health care professional, and the enrollee's health | care provider of that approval or adverse determination as | required by law, but not later than 48 hours after receiving | all information needed to complete the review of the requested | health care services.
| (b) To facilitate the rendering of a prior authorization | determination in conformance with this Section, a health | insurance issuer or its contracted utilization review | organization must establish a mechanism to ensure health care | professionals have access to appropriately trained and | licensed clinical personnel who have access to physicians for | consultation, designated by the plan to make such |
| determinations for prior authorization concerning urgent care | services.
| Section 35. Personnel qualified to make adverse | determinations of a prior authorization request. A health | insurance issuer or its contracted utilization review | organization must ensure that all adverse determinations are | made by a physician when the request is by a physician or a | representative of a physician. The physician must:
| (1) possess a current and valid nonrestricted license | in any United States jurisdiction;
and | (2) have experience treating and managing patients | with the medical condition or disease for which the health | care service is being requested.
| Notwithstanding the foregoing, a licensed health care | professional who satisfies the requirements of this Section | may make an adverse determination of a prior authorization | request submitted by a health care professional licensed in | the same profession. | Section 40. Requirements for adverse determination. If a | health insurance issuer or its contracted utilization review | organization makes an adverse determination, the health | insurance issuer or its contracted utilization review | organization shall include the following in the notification | to the enrollee, the enrollee's health care professional, and |
| the enrollee's health care provider: | (1) the reasons for the adverse determination and | related evidence-based criteria, including a description | of any missing or insufficient documentation; | (2) the right to appeal the adverse determination; | (3) instructions on how to file the appeal; and | (4) additional documentation necessary to support the | appeal. | Section 45. Requirements applicable to the personnel who | can review appeals. A health insurance issuer or its | contracted utilization review organization must ensure that | all appeals are reviewed by a physician when the request is by | a physician or a representative of a physician. The physician | must:
| (1) possess a current and valid nonrestricted license | to practice medicine in any United States jurisdiction;
| (2) be in the same or similar specialty as a physician | who typically manages the medical condition or disease;
| (3) be knowledgeable of, and have experience | providing, the health care services under appeal;
| (4) not have been directly involved in making the | adverse determination; and
| (5) consider all known clinical aspects of the health | care service under review, including, but not limited to, | a review of all pertinent medical records provided to the |
| health insurance issuer or its contracted utilization | review organization by the enrollee's health care | professional or health care provider and any medical | literature provided to the health insurance issuer or its | contracted utilization review organization by the health | care professional or health care provider.
| Notwithstanding the foregoing, a licensed health care | professional who satisfies the requirements in this Section | may review appeal requests submitted by a health care | professional licensed in the same profession. | Section 50. Review of prior authorization requirements. A | health insurance issuer shall periodically review its prior | authorization requirements and consider removal of prior | authorization requirements:
| (1) where a medication or procedure prescribed is | customary and properly indicated or is a treatment for the | clinical indication as supported by peer-reviewed medical | publications;
or | (2) for patients currently managed with an established | treatment regimen. | Section 55. Denial.
| (a) The health insurance issuer or its contracted | utilization review organization may not revoke or further | limit, condition, or restrict a previously issued prior |
| authorization approval while it remains valid under this Act.
| (b) Notwithstanding any other provision of law, if a claim | is properly coded and submitted timely to a health insurance | issuer, the health insurance issuer shall make payment | according to the terms of coverage on claims for health care | services for which prior authorization was required and | approval received before the rendering of health care | services, unless one of the following occurs:
| (1) it is timely determined that the enrollee's health | care professional or health care provider knowingly | provided health care services that required prior | authorization from the health insurance issuer or its | contracted utilization review organization without first | obtaining prior authorization for those health care | services;
| (2) it is timely determined that the health care | services claimed were not performed;
| (3) it is timely determined that the health care | services rendered were contrary to the instructions of the | health insurance issuer or its contracted utilization | review organization or delegated reviewer if contact was | made between those parties before the service being | rendered;
| (4) it is timely determined that the enrollee | receiving such health care services was not an enrollee of | the health care plan; or
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| (5) the approval was based upon a material | misrepresentation by the enrollee, health care | professional, or health care provider; as used in this | paragraph (5), "material" means a fact or situation that | is not merely technical in nature and results or could | result in a substantial change in the situation.
| (c) Nothing in this Section shall preclude a utilization | review organization or a health insurance issuer from | performing post-service reviews of health care claims for | purposes of payment integrity or for the prevention of fraud, | waste, or abuse. | Section 60. Length of prior authorization approval. A | prior authorization approval shall be valid for the lesser of | 6 months after the date the health care professional or health | care provider receives the prior authorization approval or the | length of treatment as determined by the patient's health care | professional or the renewal of the plan, and the approval | period shall be effective regardless of any changes, including | any changes in dosage for a prescription drug prescribed by | the health care professional. All dosage increases must be | based on established evidentiary standards and nothing in this | Section shall prohibit a health insurance issuer from having | safety edits in place. This Section shall not apply to the | prescription of benzodiazepines or Schedule II narcotic drugs, | such as opioids. Except to the extent required by medical |
| exceptions processes for prescription drugs set forth in | Section 45.1 of the Managed Care Reform and Patient Rights | Act, nothing in this Section shall require a policy to cover | any care, treatment, or services for any health condition that | the terms of coverage otherwise completely exclude from the | policy's covered benefits without regard for whether the care, | treatment, or services are medically necessary. | Section 65. Length of prior authorization approval for | treatment for chronic or long-term conditions. If a health | insurance issuer requires a prior authorization for a | recurring health care service or maintenance medication for | the treatment of a chronic or long-term condition, the | approval shall remain valid for the lesser of 12 months from | the date the health care professional or health care provider | receives the prior authorization approval or the length of the | treatment as determined by the patient's health care | professional. This Section shall not apply to the prescription | of benzodiazepines or Schedule II narcotic drugs, such as | opioids. Except to the extent required by medical exceptions | processes for prescription drugs set forth in Section 45.1 of | the Managed Care Reform and Patient Rights Act, nothing in | this Section shall require a policy to cover any care, | treatment, or services for any health condition that the terms | of coverage otherwise completely exclude from the policy's | covered benefits without regard for whether the care, |
| treatment, or services are medically necessary. | Section 70. Continuity of care for enrollees.
| (a) On receipt of information documenting a prior | authorization approval from the enrollee or from the | enrollee's health care professional or health care provider, a | health insurance issuer shall honor a prior authorization | granted to an enrollee from a previous health insurance issuer | or its contracted utilization review organization for at least | the initial 90 days of an enrollee's coverage under a new | health plan, subject to the terms of the member's coverage | agreement.
| (b) During the time period described in subsection (a), a | health insurance issuer or its contracted utilization review | organization may perform its own review to grant a prior | authorization approval subject to the terms of the member's | coverage agreement.
| (c) If there is a change in coverage of or approval | criteria for a previously authorized health care service, the | change in coverage or approval criteria does not affect an | enrollee who received prior authorization approval before the | effective date of the change for the remainder of the | enrollee's plan year.
| (d) Except to the extent required by medical exceptions | processes for prescription drugs, nothing in this Section | shall require a policy to cover any care, treatment, or |
| services for any health condition that the terms of coverage | otherwise completely exclude from the policy's covered | benefits without regard for whether the care, treatment, or | services are medically necessary.
| Section 75. Health care services deemed authorized if a | health insurance issuer or its contracted utilization review | organization fails to comply with the requirements of this | Act. A failure by a health insurance issuer or its contracted | utilization review organization to comply with the deadlines | and other requirements specified in this Act shall result in | any health care services subject to review to be automatically | deemed authorized by the health insurance issuer or its | contracted utilization review organization. | Section 80. Severability. If any provision of this Act or | its application to any person or circumstance is held invalid, | the invalidity does not affect other provisions or | applications of this Act that can be given effect without the | invalid provision or application, and to this end the | provisions of this Act are declared to be severable. | Section 85. Administration and enforcement.
| (a) The Department shall enforce the provisions of this | Act pursuant to the enforcement powers granted to it by law. To | enforce the provisions of this Act, the Director is hereby |
| granted specific authority to issue a cease and desist order | or require a utilization review organization or health | insurance issuer to submit a plan of correction for violations | of this Act, or both, in accordance with the requirements and | authority set forth in Section 85 of the Managed Care Reform | and Patient Rights Act. Subject to the provisions of the | Illinois Administrative Procedure Act, the Director may, | pursuant to Section 403A of the Illinois Insurance Code, | impose upon a utilization review organization or health | insurance issuer an administrative fine not to exceed $250,000 | for failure to submit a requested plan of correction, failure | to comply with its plan of correction, or repeated violations | of this Act.
| (b) Any person who believes that his or her utilization | review organization or health insurance issuer is in violation | of the provisions of this Act may file a complaint with the | Department. The Department shall review all complaints | received and investigate all complaints that it deems to state | a potential violation. The Department shall fairly, | efficiently, and timely review and investigate complaints. | Health insurance issuers and utilization review organizations | found to be in violation of this Act shall be penalized in | accordance with this Section.
| (c) The Department of Healthcare and Family Services shall | enforce the provisions of this Act as it applies to persons | enrolled under Article V of the Illinois Public Aid Code or |
| under the Children's Health Insurance Program Act.
| Section 900. The Illinois Insurance Code is amended by | changing Sections 155.36 and 370g as follows:
| (215 ILCS 5/155.36)
| Sec. 155.36. Managed Care Reform and Patient Rights Act. | Insurance
companies that transact the kinds of insurance | authorized under Class 1(b) or
Class 2(a) of Section 4 of this | Code shall comply
with Sections 45, 45.1, 45.2, 65, 70, and 85, | subsection (d) of Section 30, and the definition of the term | "emergency medical
condition" in Section
10 of the Managed | Care Reform and Patient Rights Act.
| (Source: P.A. 101-608, eff. 1-1-20.)
| (215 ILCS 5/370g) (from Ch. 73, par. 982g)
| Sec. 370g. Definitions. As used in this Article, the | following definitions
apply:
| (a) "Health care services" means health care services or | products
rendered or sold by a provider within the scope of the | provider's license
or legal authorization. The term includes, | but is not limited to, hospital,
medical, surgical, dental, | vision and pharmaceutical services or products.
| (b) "Insurer" means an insurance company or a health | service corporation
authorized in this State to issue policies | or subscriber contracts which
reimburse for expenses of health |
| care services.
| (c) "Insured" means an individual entitled to | reimbursement for expenses
of health care services under a | policy or subscriber contract issued or
administered by an | insurer.
| (d) "Provider" means an individual or entity duly licensed | or legally
authorized to provide health care services.
| (e) "Noninstitutional provider" means any person licensed | under the Medical
Practice Act of 1987, as now or hereafter | amended.
| (f) "Beneficiary" means an individual entitled to | reimbursement for
expenses of or the discount of provider fees | for health care services under
a program where the beneficiary | has an incentive to utilize the services of a
provider which | has entered into an agreement or arrangement with an
| administrator.
| (g) "Administrator" means any person, partnership or | corporation, other
than an insurer or health maintenance | organization holding a certificate of
authority under the | "Health Maintenance Organization Act", as now or hereafter
| amended, that arranges, contracts with, or administers | contracts with a
provider whereby beneficiaries are provided | an incentive to use the services of
such provider.
| (h) "Emergency medical condition" has the meaning given to | that term in Section 10 of the Managed Care Reform and Patient | Rights Act. means a medical condition manifesting
itself
by
|
| acute symptoms of sufficient severity (including severe
pain) | such that a prudent
layperson, who possesses an average | knowledge of health and medicine, could
reasonably expect the | absence of immediate medical attention to result in:
| (1) placing the health of the individual (or, with | respect to a pregnant
woman, the
health of the woman or her | unborn child) in serious jeopardy;
| (2) serious
impairment to bodily functions; or
| (3) serious dysfunction of any bodily organ
or part.
| (Source: P.A. 91-617, eff. 1-1-00.)
| Section 905. The Managed Care Reform and Patient Rights | Act is amended by changing Section 10 as follows:
| (215 ILCS 134/10)
| Sec. 10. Definitions.
| "Adverse determination" means a determination by a health | care plan under
Section 45 or by a utilization review program | under Section
85 that
a health care service is not medically | necessary.
| "Clinical peer" means a health care professional who is in | the same
profession and the same or similar specialty as the | health care provider who
typically manages the medical | condition, procedures, or treatment under
review.
| "Department" means the Department of Insurance.
| "Emergency medical condition" means a medical condition |
| manifesting itself by
acute symptoms of sufficient severity, | regardless of the final diagnosis given, such that a prudent
| layperson, who possesses an average knowledge of health and | medicine, could
reasonably expect the absence of immediate | medical attention to result in:
| (1) placing the health of the individual (or, with | respect to a pregnant
woman, the
health of the woman or her | unborn child) in serious jeopardy;
| (2) serious
impairment to bodily functions;
| (3) serious dysfunction of any bodily organ
or part;
| (4) inadequately controlled pain; or | (5) with respect to a pregnant woman who is having | contractions: | (A) inadequate time to complete a safe transfer to | another hospital before delivery; or | (B) a transfer to another hospital may pose a | threat to the health or safety of the woman or unborn | child. | "Emergency medical screening examination" means a medical | screening
examination and
evaluation by a physician licensed | to practice medicine in all its branches, or
to the extent | permitted
by applicable laws, by other appropriately licensed | personnel under the
supervision of or in
collaboration with a | physician licensed to practice medicine in all its
branches to | determine whether
the need for emergency services exists.
| "Emergency services" means, with respect to an enrollee of |
| a health care
plan,
transportation services, including but not | limited to ambulance services, and
covered inpatient and | outpatient hospital services
furnished by a provider
qualified | to furnish those services that are needed to evaluate or | stabilize an
emergency medical condition. "Emergency services" | does not
refer to post-stabilization medical services.
| "Enrollee" means any person and his or her dependents | enrolled in or covered
by a health care plan.
| "Health care plan" means a plan, including, but not | limited to, a health maintenance organization, a managed care | community network as defined in the Illinois Public Aid Code, | or an accountable care entity as defined in the Illinois | Public Aid Code that receives capitated payments to cover | medical services from the Department of Healthcare and Family | Services, that establishes, operates, or maintains a
network | of health care providers that has entered into an agreement | with the
plan to provide health care services to enrollees to | whom the plan has the
ultimate obligation to arrange for the | provision of or payment for services
through organizational | arrangements for ongoing quality assurance,
utilization review | programs, or dispute resolution.
Nothing in this definition | shall be construed to mean that an independent
practice | association or a physician hospital organization that | subcontracts
with
a health care plan is, for purposes of that | subcontract, a health care plan.
| For purposes of this definition, "health care plan" shall |
| not include the
following:
| (1) indemnity health insurance policies including | those using a contracted
provider network;
| (2) health care plans that offer only dental or only | vision coverage;
| (3) preferred provider administrators, as defined in | Section 370g(g) of
the
Illinois Insurance Code;
| (4) employee or employer self-insured health benefit | plans under the
federal Employee Retirement Income | Security Act of 1974;
| (5) health care provided pursuant to the Workers' | Compensation Act or the
Workers' Occupational Diseases | Act; and
| (6) not-for-profit voluntary health services plans | with health maintenance
organization
authority in | existence as of January 1, 1999 that are affiliated with a | union
and that
only extend coverage to union members and | their dependents.
| "Health care professional" means a physician, a registered | professional
nurse,
or other individual appropriately licensed | or registered
to provide health care services.
| "Health care provider" means any physician, hospital | facility, facility licensed under the Nursing Home Care Act, | long-term care facility as defined in Section 1-113 of the | Nursing Home Care Act, or other
person that is licensed or | otherwise authorized to deliver health care
services. Nothing |
| in this
Act shall be construed to define Independent Practice | Associations or
Physician-Hospital Organizations as health | care providers.
| "Health care services" means any services included in the | furnishing to any
individual of medical care, or the
| hospitalization incident to the furnishing of such care, as | well as the
furnishing to any person of
any and all other | services for the purpose of preventing,
alleviating, curing, | or healing human illness or injury including behavioral | health, mental health, home health ,
and pharmaceutical | services and products.
| "Medical director" means a physician licensed in any state | to practice
medicine in all its
branches appointed by a health | care plan.
| "Person" means a corporation, association, partnership,
| limited liability company, sole proprietorship, or any other | legal entity.
| "Physician" means a person licensed under the Medical
| Practice Act of 1987.
| "Post-stabilization medical services" means health care | services
provided to an enrollee that are furnished in a | licensed hospital by a provider
that is qualified to furnish | such services, and determined to be medically
necessary and | directly related to the emergency medical condition following
| stabilization.
| "Stabilization" means, with respect to an emergency |
| medical condition, to
provide such medical treatment of the | condition as may be necessary to assure,
within reasonable | medical probability, that no material deterioration
of the | condition is likely to result.
| "Utilization review" means the evaluation of the medical | necessity,
appropriateness, and efficiency of the use of | health care services, procedures,
and facilities.
| "Utilization review program" means a program established | by a person to
perform utilization review.
| (Source: P.A. 101-452, eff. 1-1-20 .)
| Section 910. The Illinois Public Aid Code is amended by | adding Section 5-5.12d as follows: | (305 ILCS 5/5-5.12d new) | Sec. 5-5.12d. Managed care organization prior | authorization of health care services. | (a) As used in this Section, "health care service" has the | meaning given to that term in the Prior Authorization Reform | Act. | (b) Notwithstanding any other provision of law to the | contrary, all managed care organizations shall comply with the | requirements of the Prior Authorization Reform Act.
| Section 999. Effective date. This Act takes effect January | 1, 2022.
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Effective Date: 1/1/2022
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