Public Act 096-1126
SB3315 EnrolledLRB096 19938 ASK 35414 b

    AN ACT concerning professional regulation.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Medical Practice Act of 1987 is amended by
changing Section 22.2 as follows:
    (225 ILCS 60/22.2)
    (Section scheduled to be repealed on December 31, 2010)
    Sec. 22.2. Prohibition against fee splitting.
    (a) A licensee under this Act may not directly or
indirectly divide, share or split any professional fee or other
form of compensation for professional services with anyone in
exchange for a referral or otherwise, other than as provided in
this Section 22.2.
    (b) Nothing contained in this Section abrogates the right
of 2 or more licensed health care workers as defined in the
Health Care Worker Self-referral Act to each receive adequate
compensation for concurrently rendering services to a patient
and to divide the fee for such service, provided that the
patient has full knowledge of the division and the division is
made in proportion to the actual services personally performed
and responsibility assumed by each licensee consistent with his
or her license, except as prohibited by law.
    (c) Nothing contained in this Section prohibits a licensee
under this Act from practicing medicine through or within any
form of legal entity authorized to conduct business in this
State or from pooling, sharing, dividing, or apportioning the
professional fees and other revenues in accordance with the
agreements and policies of the entity provided:
        (1) each owner of the entity is licensed under this
        (2) the entity is organized under the Medical
    Corporation Act, the Professional Services Corporation
    Act, the Professional Association Act, or the Limited
    Liability Company Act;
        (3) the entity is allowed by Illinois law to provide
    physician services or employ physicians such as a licensed
    hospital or hospital affiliate or licensed ambulatory
    surgical treatment center owned in full or in part by
    Illinois-licensed physicians; or
        (4) the entity is a combination or joint venture of the
    entities authorized under this subsection (c); or .
        (5) the entity is an Illinois not for profit
    corporation that is recognized as exempt from the payment
    of federal income taxes as an organization described in
    Section 501(c)(3) of the Internal Revenue Code and all of
    its members are full-time faculty members of a medical
    school that offers a M.D. degree program that is accredited
    by the Liaison Committee on Medical Education and a program
    of graduate medical education that is accredited by the
    Accreditation Council for Graduate Medical Education.
    (d) Nothing contained in this Section prohibits a licensee
under this Act from paying a fair market value fee to any
person or entity whose purpose is to perform billing,
administrative preparation, or collection services based upon
a percentage of professional service fees billed or collected,
a flat fee, or any other arrangement that directly or
indirectly divides professional fees, for the administrative
preparation of the licensee's claims or the collection of the
licensee's charges for professional services, provided that:
        (i) the licensee or the licensee's practice under
    subsection (c) of this Section at all times controls the
    amount of fees charged and collected; and
        (ii) all charges collected are paid directly to the
    licensee or the licensee's practice or are deposited
    directly into an account in the name of and under the sole
    control of the licensee or the licensee's practice or
    deposited into a "Trust Account" by a licensed collection
    agency in accordance with the requirements of Section 8(c)
    of the Illinois Collection Agency Act.
    (e) Nothing contained in this Section prohibits the
granting of a security interest in the accounts receivable or
fees of a licensee under this Act or the licensee's practice
for bona fide advances made to the licensee or licensee's
practice provided the licensee retains control and
responsibility for the collection of the accounts receivable
and fees.
    (f) Excluding payments that may be made to the owners of or
licensees in the licensee's practice under subsection (c), a
licensee under this Act may not divide, share or split a
professional service fee with, or otherwise directly or
indirectly pay a percentage of the licensee's professional
service fees, revenues or profits to anyone for: (i) the
marketing or management of the licensee's practice, (ii)
including the licensee or the licensee's practice on any
preferred provider list, (iii) allowing the licensee to
participate in any network of health care providers, (iv)
negotiating fees, charges or terms of service or payment on
behalf of the licensee, or (v) including the licensee in a
program whereby patients or beneficiaries are provided an
incentive to use the services of the licensee.
(Source: P.A. 96-608, eff. 8-24-09.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/20/2010