Public Act 100-1058
 
HB4949 EnrolledLRB100 16226 KTG 31349 b


  
    AN ACT concerning business.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 1. The Health Care Worker Self-Referral Act is 
amended by adding Section 55 as follows:
 
    (225 ILCS 47/55 new)
    Sec. 55. Application of the Consumer Fraud and Deceptive 
Business
Practices
Act. A violation of any of the provisions of 
this Act constitutes an unlawful practice under the Consumer 
Fraud and Deceptive Business Practices Act. All remedies, 
penalties, and authority granted to the Attorney General or 
State's Attorney by the Consumer Fraud and Deceptive Business 
Practices Act shall be available to him or her for the 
enforcement of this Act. This Section does not apply to 
hospitals and hospital affiliates licensed in Illinois.
 
    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    (Section scheduled to be repealed on December 31, 2019)
    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 
    Act;
        (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;
        (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.

    (g) A violation of any of the provisions of this Section 
constitutes an unlawful practice under the Consumer Fraud and 
Deceptive Business Practices Act. All remedies, penalties, and 
authority granted to the Attorney General by the Consumer Fraud 
and Deceptive Business Practices Act shall be available to him 
or her for the enforcement of this Section. This subsection 
does not apply to hospitals and hospital affiliates licensed in 
Illinois. 
(Source: P.A. 96-608, eff. 8-24-09; 96-1126, eff. 7-20-10.)
 
    Section 10. The Consumer Fraud and Deceptive Business 
Practices Act is amended  by adding Section 2VVV as follows:
 
    (815 ILCS 505/2VVV new)
    Sec. 2VVV. Deceptive marketing, advertising, and sale of 
mental health disorder and substance use disorder treatment.
    (a) As used in this Section:
    "Facility" has the meaning ascribed to that term in Section 
1-10 of the Alcoholism and Other Drug Abuse and Dependency Act. 
    "Hospital affiliate" has the meaning ascribed to that term 
in Section 10.8 of the Hospital Licensing Act. 
    "Mental health disorder" has the same meaning as "mental 
illness" under Section 1-129 of the Mental Health and 
Developmental Disabilities Code. 
    "Program" has the meaning ascribed to that term in Section 
1-10 of the Alcoholism and Other Drug Abuse and Dependency Act. 
    "Substance use disorder" has the same meaning as "substance 
abuse" under Section 1-10 of the Alcoholism and Other Drug 
Abuse and Dependency Act. 
    "Treatment" has the meaning ascribed to that term in 
Section 1-10 of the Alcoholism and Other Drug Abuse and 
Dependency Act. 
    (b) It is an unlawful practice for any person to engage in 
misleading or false advertising or promotion that 
misrepresents the need to seek mental health disorder or 
substance use disorder treatment outside of the State of 
Illinois. 
    (c) Any marketing, advertising, promotional, or sales 
materials directed to Illinois residents concerning mental 
health disorder or substance use disorder treatment must: 
        (1) prominently display or announce the full physical 
    address of the treatment program or facility;
        (2) display whether the treatment program or facility 
    is licensed in the State of Illinois;
        (3) display whether the treatment program or facility 
    has locations in Illinois; 
        (4) display whether the services provided by the 
    treatment program or facility are covered by an insurance 
    policy issued to an Illinois resident; 
        (5) display whether the treatment program or facility 
    is an in-network or out-of-network provider; 
        (6) include a link to the Internet website for the 
    Department of Human Services' Division of Mental Health and 
    Division of Alcoholism and Substance Abuse, or any 
    successor State agency that provides information regarding 
    licensed providers of services; and 
        (7) disclose that mental health disorder and substance 
    use disorder treatment may be available at a reduced cost 
    or for free for Illinois residents within the State of 
    Illinois. 
    (d) It is an unlawful practice for any person to enter into 
an arrangement under which a patient seeking mental health 
disorder or substance use disorder treatment is referred to a 
mental health disorder or substance use disorder treatment 
program or facility in exchange for a fee, a percentage of the 
treatment program's or facility's revenues that are related to 
the patient, or any other remuneration that takes into account 
the volume or value of the referrals to the treatment program 
or facility. Such practice shall also be considered a violation 
of the prohibition against fee splitting in Section 22.2 of the 
Medical Practice Act of 1987 and a violation of the Health Care 
Worker Self-Referral Act. This Section does not apply to health 
insurance companies, health maintenance organizations, managed 
care plans, or organizations, including hospitals and hospital 
affiliates licensed in Illinois.