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Public Act 102-0409 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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:
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(1) the health care professional-patient relationship | ||||
is paramount and should not be subject to third-party | ||||
intrusion;
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(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
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(3) prior authorization programs must be transparent | ||||
to ensure a fair and consistent process for health care | ||||
providers and patients.
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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:
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"Adverse determination" has the meaning given to that term | ||
in Section 10 of the Health Carrier External Review Act.
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"Appeal" means a formal request, either orally or in | ||
writing, to reconsider an adverse determination.
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"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.
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"Department" means the Department of Insurance.
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"Emergency medical condition" has the meaning given to | ||
that term in Section 10 of the Managed Care Reform and Patient | ||
Rights Act.
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"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.
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"Enrollee" has the meaning given to that term in Section | ||
10 of the Managed Care Reform and Patient Rights Act.
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"Health care professional" has the meaning given to that | ||
term in Section 10 of the Managed Care Reform and Patient | ||
Rights Act.
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"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.
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"Health insurance issuer" has the meaning given to that | ||
term in Section 5 of the Illinois Health Insurance Portability | ||
and Accountability Act.
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"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.
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"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.
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"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.
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"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:
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(1) could seriously jeopardize the life or health of | ||
the enrollee or the ability of the enrollee to regain | ||
maximum function; or
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(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.
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"Urgent health care service" does not include emergency | ||
services.
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"Utilization review organization" has the meaning given to | ||
that term in 50 Ill. Adm. Code 4520.30.
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Section 20. Disclosure and review of prior authorization | ||
requirements.
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(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.
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(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:
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(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;
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(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:
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(1) be based on nationally recognized, generally | ||
accepted standards except where State law provides its own | ||
standard;
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(2) be developed in accordance with the current | ||
standards of a national medical accreditation entity;
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(3) ensure quality of care and access to needed health | ||
care services;
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(4) be evidence-based;
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(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.
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(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:
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(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.
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(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.
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(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:
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(1) a list of all health care services, including | ||
medications, that are subject to prior authorization;
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(2) the total number of prior authorization requests |
received;
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(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;
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(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;
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(5) the average time between submission and response;
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and | ||
(6) any other information as the Director determines | ||
appropriate.
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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.
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(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.
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(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.
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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:
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(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.
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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:
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(1) possess a current and valid nonrestricted license | ||
to practice medicine in any United States jurisdiction;
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(2) be in the same or similar specialty as a physician | ||
who typically manages the medical condition or disease;
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(3) be knowledgeable of, and have experience | ||
providing, the health care services under appeal;
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(4) not have been directly involved in making the | ||
adverse determination; and
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(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.
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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:
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(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.
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(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.
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(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:
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(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;
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(2) it is timely determined that the health care | ||
services claimed were not performed;
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(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;
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(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.
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(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.
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(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.
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(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.
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(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.
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(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.
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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.
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(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.
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(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.
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(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.
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Section 900. The Illinois Insurance Code is amended by | ||
changing Sections 155.36 and 370g as follows:
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(215 ILCS 5/155.36)
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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.
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(Source: P.A. 101-608, eff. 1-1-20.)
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(215 ILCS 5/370g) (from Ch. 73, par. 982g)
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Sec. 370g. Definitions. As used in this Article, the | ||
following definitions
apply:
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(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.
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(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.
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(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.
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(d) "Provider" means an individual or entity duly licensed | ||
or legally
authorized to provide health care services.
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(e) "Noninstitutional provider" means any person licensed | ||
under the Medical
Practice Act of 1987, as now or hereafter | ||
amended.
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(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
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administrator.
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(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.
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(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
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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;
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(2) serious
impairment to bodily functions; or
| ||
(3) serious dysfunction of any bodily organ
or part.
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(Source: P.A. 91-617, eff. 1-1-00.)
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Section 905. The Managed Care Reform and Patient Rights | ||
Act is amended by changing Section 10 as follows:
| ||
(215 ILCS 134/10)
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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.
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"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;
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(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.
|