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| Public Act 102-0504 | ||||
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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 5. The Fair Patient Billing Act is amended by | ||||
changing Section 30 as follows: | ||||
(210 ILCS 88/30)
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Sec. 30. Pursuing collection action.
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(a) Hospitals and their agents may pursue collection | ||||
action against an uninsured patient only if the following | ||||
conditions are met: | ||||
(1) The hospital has given the uninsured patient the | ||||
opportunity to: | ||||
(A) assess the accuracy of the bill; | ||||
(B) apply for financial assistance under the | ||||
hospital's financial assistance policy; and | ||||
(C) avail themselves of a reasonable payment plan. | ||||
(2) If the uninsured patient has indicated an | ||||
inability to pay the full amount of the debt in one | ||||
payment, the hospital has offered the patient a reasonable | ||||
payment plan. The hospital may require the uninsured | ||||
patient to provide reasonable verification of his or her | ||||
inability to pay the full amount of the debt in one | ||||
payment. | ||||
(3) To the extent the hospital provides financial | ||
assistance and the circumstances of the uninsured patient | ||
suggest the potential for eligibility for charity care, | ||
the uninsured patient has been given at least 60 days | ||
following the date of discharge or receipt of outpatient | ||
care to submit an application for financial assistance. | ||
(4) If the uninsured patient has agreed to a | ||
reasonable payment plan with the hospital, and the patient | ||
has failed to make payments in accordance with that | ||
reasonable payment plan. | ||
(5) If the uninsured patient informs the hospital that | ||
he or she has applied for health care coverage under | ||
Medicaid, Kidcare, or other government-sponsored health | ||
care program (and there is a reasonable basis to believe | ||
that the patient will qualify for such program) but the | ||
patient's application is denied.
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(a-5) A hospital shall proactively offer information on | ||
charity care options available to uninsured patients, | ||
regardless of their immigration status or residency. | ||
(b) A hospital may not refer a bill, or portion thereof, to | ||
a collection agency or attorney for collection action against | ||
the insured patient, without first offering the patient the | ||
opportunity to request a reasonable payment plan for the | ||
amount personally owed by the patient. Such an opportunity | ||
shall be made available for the 30 days following the date of | ||
the initial bill. If the insured patient requests a reasonable | ||
payment plan, but fails to agree to a plan within 30 days of | ||
the request, the hospital may proceed with collection action | ||
against the patient. | ||
(c) No collection agency, law firm, or individual may | ||
initiate legal action for non-payment of a hospital bill | ||
against a patient without the written approval of an | ||
authorized hospital employee who reasonably believes that the | ||
conditions for pursuing collection action under this Section | ||
have been met. | ||
(d) Nothing in this Section prohibits a hospital from | ||
engaging an outside third party agency, firm, or individual to | ||
manage the process of implementing the hospital's financial | ||
assistance and reasonable payment plan programs and policies | ||
so long as such agency, firm, or individual is contractually | ||
bound to comply with the terms of this Act.
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(Source: P.A. 94-885, eff. 1-1-07.)
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Section 99. Effective date. This Act takes effect on the | ||
first day of the first month immediately following 90 days | ||
after becoming law.
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