Illinois 93rd Regular Session Status: Passed Senate

SB 2579 — HOSPITAL DISCRMINATORY PRICING

Last action — Session Sine Die

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 93rd Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Creates the Hospital Discriminatory Pricing Reform Act and amends the Hospital Licensing Act. Requires every hospital to develop an "assistance to the uninsured" policy specifying how the hospital will determine the financial liability for services rendered to uninsured patients. Requires that the policy address charity care. Requires notice of the policy to patients. Limits debt collection activities by a hospital. Provides that a violation of the Hospital Discriminatory Pricing Reform Act may subject a hospital to suspension or revocation of its license. Also provides for civil penalties and for a private right of action. Effective immediately.

Bill Text

What changed in the latest version

415 added · 389 removed

Plain-language change summary

The bill has shifted from being titled the "Hospital Discriminatory Pricing Reform Act" to the "Hospital Charity Assistance Act," reflecting a focus on providing financial assistance to uninsured patients rather than addressing discriminatory pricing practices. It now excludes hospitals that do not charge for services and establishes criteria for what constitutes a financially qualified uninsured patient, aligning assistance with the federal poverty level. These changes aim to clarify who is eligible for help and ensure that hospitals are more accountable in providing charity care to those in need.

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*LRB09316098DRJ41726b* SB2579 93RD GENERAL ASSEMBLY State of Illinois and 2004 SB2579 Introduced 2/4/2004, by Barack Obama - Iris Y.
SB2579 Engrossed LRB093 16098 DRJ 41726 b AN ACT concerning health facilities.
Martinez - Jeffrey M.
Schoenberg - Jacqueline Y.
Collins SYNOPSIS AS INTRODUCED:
ILCS 85/7 from Ch.
111 1/2, par.
148 Creates the Hospital Discriminatory Pricing Reform Act and amends the Hospital Licensing Act.
Requires every hospital to develop an "assistance to the uninsured" policy specifying how the hospital will determine the financial liability for services rendered to uninsured patients.
Requires that the policy address charity care.
Requires notice of the policy to patients.
Limits debt collection activities by a hospital.
Provides that a violation of the Hospital Discriminatory Pricing Reform Act may subject a hospital to suspension or revocation of its license.
Also provides for civil penalties and for a private right of action.
Effective immediately.
LRB093 16098 DRJ 41726 b FISCAL NOTE ACT MAY APPLY A BILL FOR SB2579 LRB093 16098 DRJ 41726 b AN ACT concerning health facilities.
This Act may be cited as the Hospital Discriminatory Pricing Reform Act.
This Act may be cited as the Hospital Charity Assistance Act.
Applicability.
(a) This Act does not apply to a hospital that does not charge for its services.
(b) The obligations of hospitals under this Act shall apply to services provided on or after the first day of the first month that begins at least 180 days after the effective date of this Act.
Section 10.
"Chargemaster" means a list of charges for all procedures, services, and supplies.
"Cost of providing services" means a hospital’s published charges at the time of billing of an uninsured patient, multiplied by the hospital’s most recent relationship of costs to charges taken from the most recently audited Medicare cost report.
"Cost of providing services" means a hospital’s published charges at the time of billing of an uninsured patient, multiplied by the hospital’s most recent relationship of costs to charges as taken from the Medicaid cost report.
"Financially qualified uninsured patient" means a patient who is uninsured and whose family income is less than 300% of the federal poverty level.
"Financially qualified uninsured patient" means a patient who is uninsured, whose family income is less than 200% of the federal poverty level, and who satisfies the requirements under a hospital’s charity assistance policy under Section 20 of this Act.
"Hospital" means any facility that is required to be licensed under the Hospital Licensing Act.
"Hospital" means any facility that is required to be SB2579 Engrossed - 2 - LRB093 16098 DRJ 41726 b licensed under the Hospital Licensing Act.
"Medically necessary service" means a service that is reasonably expected to prevent, diagnose, prevent the worsening of, alleviate, correct, or cure a condition that endangers life, causes suffering or pain, causes physical deformity or malfunction, threatens to cause or to aggravate a handicap, or results in illness or infirmity.
"Medically necessary service" means any inpatient or outpatient hospital service that is covered by and considered to be medically necessary under Title XVIII of the federal Social Security Act.
Medically necessary services include inpatient and outpatient services as mandated under Title XIX of the Federal Social Security Act.
Medically necessary services do not include any of the following:
SB2579 - 2 - LRB093 16098 DRJ 41726 b Medically necessary services do not include any of the following:
(1) Non-medical services such as social, educational, and vocational services.
(1) Non-medical services, such as social, educational, and vocational services.
"Underinsured" patient means a patient whose deductibles or co-payments, or medical or hospital bills after payment by third-party payers, exceed the patient’s ability to pay, determined in accordance with a hospital’s charity care policy.
"Uninsured discount" means, with respect to medically necessary services rendered to a financially qualified uninsured patient, a discount that is applied after the hospital’s charges are imposed on the patient, due to the patient’s determined financial inability to pay the charges.
"Uninsured allowance" means, with respect to medically necessary services rendered to a financially qualified uninsured patient, an allowance that is applied after the hospital’s charges are imposed on the patient, due to the patient’s determined financial inability to pay the charges.
"Uninsured patient" means a patient who has been an Illinois resident for at least one year, who does not have third-party coverage from a health insurer, a health care service plan, Medicare, or Medicaid, and whose injury is not compensable for purposes of workers’ compensation, automobile insurance, or other insurance as determined and documented by the hospital.
"Uninsured patient" means a patient who does not have third-party coverage from a health insurer, health care service plan, Medicare, or Medicaid and whose injury is not a compensable injury for purposes of workers’ compensation, automobile insurance, or other insurance as determined and documented by the hospital.
The term does not include any patient who had an opportunity to obtain third-party coverage through his or her employer but did not obtain such coverage.
Uninsured patients may include charity care patients.
Section 10.
Assistance-to-the-uninsured policy.
Every hospital must develop an assistance-to-the-uninsured policy specifying how the hospital will determine the financial liability for services rendered to uninsured patients, including financially qualified uninsured patients.
Every hospital must specify in its policy how the hospital will determine and apply uninsured allowances for services provided to financially qualified uninsured patients.
An uninsured allowance, at a minimum, must be equal to the difference between the charge for medically necessary services set forth in the hospital’s established charge schedule and the cost of providing services.
Uninsured allowances may be applied by the hospital to uninsured patients who do not meet the standards for SB2579 - 3 - LRB093 16098 DRJ 41726 b financially qualified uninsured patients.
Charity care.
Charity assistance policy.
Each hospital must include in its assistance-to-the-uninsured policy a section addressing charity care patients.
Every hospital must adopt a charity assistance policy specifying how the hospital will determine the financial liability for medically necessary services rendered to financially qualified uninsured patients.
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The charity care section of the policy must specify the financial criteria and the procedure used by the hospital to determine whether an uninsured or underinsured patient is eligible for charity care.
Every hospital must specify in its policy how the hospital will determine and apply uninsured discounts for services provided to financially qualified uninsured patients.
The charity section of the policy must provide for discounts for uninsured and underinsured patients whose income is less than 400% of the federal poverty guidelines.
The policy must include:
The policy must include all of the following:
(2) Financial information required of the patient.
(2) Responsibilities and information required of the uninsured patient.
(3) A review process for charity care decisions.
(3) A summary of the decision-making process.
(4) An appeals process for charity care decisions.
SB2579 Engrossed - 3 - LRB093 16098 DRJ 41726 b (4) A description of how the hospital will consider assets available to the uninsured patient in determining whether the uninsured patient qualifies for an uninsured discount.
The following are to be considered exempt and shall not be considered in determining whether the uninsured patient qualifies for an uninsured discount:
(A) Homestead property.
(B) $2,000 for the uninsured patient, or $3,000 for the uninsured patient and one dependant residing together.
(C) $50 for each additional dependant residing in the same household.
(D) Personal effects and household goods that have a total value of less than $2,000.
(E) A wedding and engagement ring and items required due to medical or physical condition.
(F) One automobile with fair market value of $4,500 or less.
If the uninsured patient satisfies the requirements established by the hospital to qualify for an uninsured discount and the family income of the uninsured patient is equal to or less than the federal poverty level, the uninsured discount shall be 100% of the charges for the medically necessary services provided to the uninsured patient.
If the uninsured patient satisfies the requirements established by the hospital to qualify for an uninsured discount and the family income of the uninsured patient is greater than 100% of the federal poverty level, but less than 200% of the federal poverty level, the uninsured discount shall be at least equal to the difference between the charge for medically necessary services and the cost of providing services.
Patient responsibilities.
(a) A hospital’s charity assistance policy may require the cooperation of the uninsured patient, as a condition of SB2579 Engrossed - 4 - LRB093 16098 DRJ 41726 b receiving assistance.
That cooperation may include, but need not be limited to, the following:
(1) The uninsured patient must cooperate with the hospital in providing information on third-party coverage.
If the hospital finds that there is a reasonable basis to believe that the patient may qualify for such assistance, the patient must cooperate in applying for third-party coverage that may be available to pay for the uninsured patient’s medically necessary care, including coverage from a health insurer, a health care service plan, Medicare, Medicaid, KidCare, FamilyCare, automobile insurance, worker’s compensation, or other insurance.
(2) The uninsured patient must provide the hospital with financial and other information requested by the hospital to determine eligibility for charity assistance through the hospital.
(3) The uninsured patient or a person acting on his or her behalf must request assistance from the hospital.
(4) The uninsured patient who has a payment obligation to the hospital must cooperate with the hospital to establish and comply with a payment plan.
The uninsured patient who enters into a payment plan with the hospital shall promptly inform the hospital of any change in circumstances that will impair his or her ability to comply with the payment plan.
(b) An uninsured patient who fails to satisfy his or her responsibilities under subsection (a) may be billed by the hospital and is subject to collection activities consistent with the hospital’s billing and collection policies and practices for patients who do not qualify for assistance under its charity assistance policy.
(c) A financially qualified uninsured patient who fails to comply with a payment plan may be billed by the hospital and is subject to collection activities consistent with the hospital’s billing and collection policies and practices for the portion of the bill remaining after the uninsured discount SB2579 Engrossed - 5 - LRB093 16098 DRJ 41726 b has been applied.
Section 25.
(a) Every hospital must provide each of its patients with oral and written notice of the hospital’s assistance-to-the-uninsured policy at the time of admission and discharge.
(a) Notice of the hospital’s charity assistance policy must be clearly and conspicuously posted in locations that are visible to the public, including, but not limited to, all of the following:
The notice must also be provided to patients who receive emergency or outpatient care and who may be billed for that care but who were not admitted.
The notice must be in the language spoken by the patient.
All written correspondence to the patient required by this Act must also be language appropriate.
(b) Notice of the hospital’s assistance-to-the-uninsured policy must be clearly and conspicuously posted in locations that are visible to the public, including, but not limited to, all of the following:
(3) The Admissions office.
(3) The admissions office.
(4) Other locations that may be determined by the Department, to ensure that patients are informed of the SB2579 - 4 - LRB093 16098 DRJ 41726 b policy.
(b) Notice of the hospital’s charity assistance policy must be available in brochures that are available to the public in the hospital.
(c) Every hospital must publicly post, in the waiting area of the emergency department (if any), the billing office, the admissions office, and other locations that may be determined by the Department, the most recent charges for the 10 most-utilized outpatient services.
(c) The following information must be included on or with the bill sent to an uninsured patient:
(d) Every hospital must make available to any member of the public a copy of its current chargemaster.
(1) A request that the patient inform the hospital if the patient has health insurance coverage, Medicare, Medicaid, or other insurance.
Section 25.
(2) A statement that if the patient does not have health insurance he or she may be eligible for Medicare, Medicaid, FamilyCare, KidCare, or the hospital’s charity assistance program.
Application forms.
(3) A statement indicating how the patient may obtain information on how to apply for Medicare, Medicaid, FamilyCare, KidCare, and the hospital’s charity assistance program.
Every hospital must make available, upon request by any member of the public, a copy of the uninsured-patient application used by the hospital, including the charity care section of that application.
(4) The hospital contact and phone number for financial assistance programs.
The Department, in consultation with interested parties, may also develop a uniform uninsured-patient application to be used by all hospitals.
(d) The written notices required under this Section shall be available in English and any other language that is the primary language of at least 5% of the patients served by the hospital annually.
In developing the application, the Department shall consider whether the application used for the medical assistance program under Article V of the Illinois Public Aid Code can be used as or incorporated in the uniform uninsured-patient application.
Application forms.
Every hospital must make available, upon request by a member of the public, a copy of the application used by the hospital to determine a patient’s SB2579 Engrossed - 6 - LRB093 16098 DRJ 41726 b eligibility for charity assistance.
Section 35.
(a) Every hospital must make all reasonable efforts to obtain from a patient or his or her representative information about whether private or public health insurance or sponsorship may fully or partially cover the charges for care rendered by the hospital to the patient, including, but not limited to, any of the following:
(a) Every hospital must make reasonable efforts to obtain from a patient or his or her representative information about whether private or public health insurance or sponsorship may fully or partially cover the charges for care rendered by the hospital to the patient, including, but not limited to, any of the following:
(3) Medicaid, FamilyCare, KidCare, or other State-funded or county-funded programs designed to provide health coverage.
(3) Medicaid, FamilyCare, KidCare, or other state-funded or county-funded programs designed to provide health coverage.
(b) If a hospital bills a patient, then as a part of that billing the hospital must provide the patient with a clear and conspicuous notice that includes all of the following:
(b) If a hospital bills a patient, then upon request from the patient the hospital must provide an itemized statement of charges for services rendered by the hospital within 70 days after receiving the request.
SB2579 - 5 - LRB093 16098 DRJ 41726 b (1) An itemized statement of charges for services rendered by the hospital.
(2) A request that the patient inform the hospital if the patient has health insurance coverage, Medicare, Medicaid, or other coverage.
(3) A statement that if the patient does not have health insurance coverage, he or she may be eligible for Medicare, Medicaid, FamilyCare, KidCare, charity care, or an uninsured allowance.
(4) A statement indicating how patients may obtain applications for Medicare, Medicaid, FamilyCare, KidCare, charity care, or an uninsured allowance and that the hospital will provide these applications on request.
(c) Every hospital must make available to patients information regarding uninsured and charity care applications, including the following:
(1) The hospital contact for resources for additional information regarding charity care.
(2) A statement indicating how patients may obtain an uninsured application from the hospital, including an application for a financially qualified uninsured patient.
The statement must provide information about the family income requirements for financially qualified uninsured patients as provided in Section 15 and this Section.
Section 35.
Debt collection activities.
(a) In order to facilitate payment by public or private third-party payers, for at least 180 days after a patient’s discharge, a hospital or its assignee or billing service is limited to the following debt collection activities:
(1) Sending a bill to the patient in accordance with existing law.
(2) Attempting to negotiate a payment plan in accordance with subsection (c).
(3) Attempting to collect payment from any responsible third-party payer, either public or private.
SB2579 - 6 - LRB093 16098 DRJ 41726 b (4) Providing any information that may assist the patient in obtaining coverage through the Medicaid program, FamilyCare or KidCare, or any other public program for which the patient may be eligible.
(5) Attempting to make a final determination as to whether the patient may be considered an uninsured patient under the hospital’s assistance-to-the-uninsured policy or is eligible for charity care under the hospital’s charity care policy.
(b) The period described in subsection (a) shall be extended if the patient has a pending appeal for coverage of the services.
For purposes of this subsection, "pending appeal" includes any of the following:
(1) A grievance against a health care service plan.
(2) An independent medical review.
(3) A fair hearing for a review of a Medicaid claim.
(4) An appeal regarding Medicare coverage consistent with federal law and regulations.
(5) An appeal of a workers’ compensation judgment.
(c) A hospital or its assignee or billing service must use reasonable efforts to negotiate a payment plan.
For purposes of this subsection, "reasonable efforts to negotiate a payment plan" means 2 efforts to contact the patient by telephone and 2 efforts to contact the patient by mail.
Notice before collection.
Debt collection activities.
(a) Before commencing collection activities against a patient, a hospital, any assignee of the hospital, or any other owner of the patient debt, including a collection agency, must provide the patient with a clear and conspicuous written notice containing both of the following:
(a) For at least 70 days after an uninsured patient’s discharge from a hospital, the hospital or its assignee or billing service shall not file a lawsuit to collect payment on the patient’s bill.
(1) A plain-language summary of the patient’s rights under this Act and the federal Fair Debt Collection Practices Act, Subchapter V (commencing with Section 1692) of Chapter 41 of Title 15 of the United States Code.
(b) If an uninsured patient complies with a payment plan that has been agreed to by the hospital, the hospital shall not otherwise pursue collection action against the uninsured patient.
(2) Information about nonprofit credit counseling SB2579 - 7 - LRB093 16098 DRJ 41726 b services in the area.
(c) If an uninsured patient informs the hospital that he or she has applied for health care coverage in compliance with subsection (a) of Section 20 of this Act, the hospital or its assignee or billing service shall not pursue any collection action against the uninsured patient until a decision has been made on the application for health care coverage or until there is no longer a reasonable basis to believe the patient may qualify for such coverage, whichever is sooner.
(b) Every collection agent engaged in collecting a debt from a patient arising from services provided at a hospital must provide written notice as to (i) whether the hospital deems the patient an insured patient, an uninsured patient, or a financially qualified uninsured patient and (ii) the reasons for the determination.
SB2579 Engrossed - 7 - LRB093 16098 DRJ 41726 b (d) If an uninsured patient has requested charity assistance from a hospital and is cooperating with the hospital under Section 20 of this Act, the hospital or its assignee or billing service shall not pursue any collection action against the uninsured patient until a determination is made on the uninsured patient’s eligibility for charity assistance.
(c) The notice required by subsection (b) of Section 30 must also accompany any document indicating that the commencement of collection activities may occur.
Every hospital, upon request, must provide any member of the public and the Department with a copy of its assistance-to-the-uninsured policy, eligibility procedures, review process, and procedure for determining uninsured pricing.
Every hospital, upon request, must provide any member of the public and the Department with a copy of its charity assistance policy.
Debt collection activities report.
Enforcement.
(a) Every hospital must annually prepare a debt collection and charity care report that includes whether the hospital uses a collection agent to assist with debt collection, the name of any collection agent used, the hospital’s processes and policies for assigning a debt to a collection agent and for compensating the collection agent for services rendered, and the recovery rate on accounts assigned to collection agents (exclusive of Medicare accounts) in the most recent hospital fiscal year.
(a) The Department shall develop and implement a complaint system through which the Department may receive complaints of violations of this Act.
The report must include the following information reported separately for Medicare patients, Medicaid patients, patients with commercial insurance, patients enrolled in a health care plan provided or arranged for by a health maintenance organization, and self-pay patients:
The Department shall establish a complaint system or utilize an existing Department complaint system.
(1) Number of accounts referred to a collection agency.
The complaint system shall include (i) a complaint verification process by which the Department determines the validity of a complaint and (ii) an opportunity for a hospital to resolve the complaint through an informal dispute resolution process.
(2) Number of accounts sold to a collection agency.
If the complaint is not resolved informally, then the Department shall serve a notice of violation of this Act on the hospital.
(3) Number of accounts pursued through court action.
The notice of violation shall be in writing and shall specify the nature of the violation and the statutory provision alleged to have been violated.
(4) Number of charity care applications received.
The notice shall inform the hospital of the action the Department may take under this Act, the amount of any financial penalty to be imposed, and the opportunity for the hospital to enter into a plan of correction.
(5) Number of charity care applications approved.
The notice shall also inform the hospital of its right to a hearing to contest the alleged violation under the Illinois Administrative Procedure Act.
SB2579 - 8 - LRB093 16098 DRJ 41726 b (b) A hospital must provide copies of its debt collection and charity care report to any member of the public and the Department upon request.
(b) If the Department finds that a hospital is in violation of this Act, the hospital may submit to the Department, for the Department’s approval, a plan of correction.
If a hospital violates an approved plan of correction within 6 months of its SB2579 Engrossed - 8 - LRB093 16098 DRJ 41726 b submission, the Department may impose a monetary civil penalty on the hospital.
For a first violation of an approved plan of correction, the Department may impose a penalty of up to $100.
For a second or subsequent violation of an approved plan of correction, the Department may impose a penalty of up to $250.
The total penalties imposed under this Act against a hospital in 12 month period may not exceed $5,000.
The Department may impose a civil penalty under this Section only after it provides the following to the hospital:
(1) Written notice of the alleged violation.
(2) Written notice of the hospital’s right to request an administrative hearing on the question of the alleged violation.
(3) An opportunity to present evidence, orally or in writing or both, on the question of the alleged violation before an impartial hearing examiner appointed by the Director.
(4) A written decision from the Director of Public Health, based on the evidence introduced at the hearing and the hearing examiner’s recommendations, finding that the hospital violated this Act and imposing the civil penalty.
The Attorney General may bring an action in the circuit court to enforce the collection of a monetary penalty imposed under this Section.
Moneys in payment of penalties imposed under this Act shall be paid to the Department and deposited into the Nursing Dedicated and Professional Fund.
(c) If the Department has a reasonable basis to believe that a hospital has engaged in a pattern of violations of this Act or has failed to adopt policies and procedures to comply with this Act, the Department may issue a written certification of the basis for that belief to the Attorney General.
Upon receiving such written certification, the Attorney General may:
(1) Require the hospital to file a statement or report in writing as to all information relevant to the alleged SB2579 Engrossed - 9 - LRB093 16098 DRJ 41726 b violations.
(2) Examine under oath any person in connection with the alleged violations.
(3) Examine any record, book, document, account or paper necessary to investigate such alleged violations.
(4) Bring an action in the name of the People of the State against such hospital to restrain by preliminary or permanent injunction the use of policies or practices that violate this Act.
Violations;
Illinois Administrative Procedure Act.
penalties.
The Illinois Administrative Procedure Act shall apply to all administrative rules and procedures adopted by the Department under this Act.
(a) A determination that a hospital has violated a provision of this Act may result in the suspension or revocation of the hospital’s license under the Hospital Licensing Act.
(b) A hospital that fails to post a notice required under this Act is subject to a civil penalty of $500 per day for each day that the required notice is not posted.
A hospital that fails to provide notification requited under this Act is subject to a civil penalty of $500 per incident.
(c) A hospital that violates Section 35 is subject to a civil penalty of $15,000 per violation.
(d) A hospital that fails to provide information to the public as required under this Act in a timely manner is subject to a civil penalty of $500 for each incident.
(e) A person or hospital that fails to report or falsifies information required to be reported under this Act, or that coerces, threatens, intimidates, or otherwise influences another person to fail to report or to falsify such information, is subject to a civil penalty of up to $15,000 for each such incident.
(f) The Department may impose a civil penalty authorized under this Section after giving written notice of the alleged violation to the hospital or other person and after an administrative hearing at which the hospital or other person has an opportunity to present oral or written evidence.
The Attorney General may bring an action in the circuit court to enforce collection of a civil penalty imposed under this Section.
Private right of action.
Administrative Review Law.
A patient who is adversely affected by a hospital’s violation of this Act may SB2579 - 9 - LRB093 16098 DRJ 41726 b bring an action in a court of competent jurisdiction for such legal or equitable relief as may be appropriate to effectuate the purposes of this Act.
The Administrative Review Law shall apply to and govern all proceedings for judicial review of final administrative decisions of the Department under this Act.
Section 90.
Section 65.
Exemptions.
The Department may grant an exemption from this Act to a hospital that demonstrates that compliance with the Act will, more likely than not, impose an undue burden on the hospital.
Factors to be considered by the Department in deciding whether to grant an exemption include, but are not limited to:
the financial condition of the hospital;
the impact that compliance will have on the cost of services provided by the hospital;
the impact that compliance will have on the quality of services provided by the hospital;
and the impact that compliance will have on the community’s access to health care services.
Section 70.
Limitations.
Nothing is this Act shall be used by any private or public third-party payer as a basis for reducing the third-party payer’s rates or policies.
Discounts authorized under this Act shall not be used by any private or SB2579 Engrossed - 10 - LRB093 16098 DRJ 41726 b public third-party payer to determine a hospital’s usual and customary charges for any health care service.
Nothing in this Act shall be construed as imposing an obligation on a hospital to provide any particular service or treatment to an uninsured patient.
Nothing in this Act shall prohibit hospitals from providing discounts to patients who do not meet the criteria of a financially qualified uninsured patient under this Act.
Nothing in this Act shall be construed as imposing an obligation on a hospital to file a lawsuit to collect payment on a patient’s bill.
Section 75.
Home rule.
A home rule unit may not regulate hospitals in a manner inconsistent with the provisions of this Act.
This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
Section 95.
(a) The Director after notice and opportunity for hearing to the applicant or licensee may deny, suspend, or revoke a permit to establish a hospital or deny, suspend, or revoke a license to open, conduct, operate, and maintain a hospital in any case in which he finds that there has been a substantial failure to comply with the provisions of this Act, or the Hospital Report Card Act, or the Hospital Discriminatory Pricing Reform Act or the standards, rules, and regulations established by virtue of any either of those Acts.
(a) The Director after notice and opportunity for hearing to the applicant or licensee may deny, suspend, or revoke a permit to establish a hospital or deny, suspend, or revoke a license to open, conduct, operate, and maintain a hospital in any case in which he finds that there has been a substantial failure to comply with the provisions of this Act, or the Hospital Report Card Act, or the Hospital Charity Assistance Act, or the standards, rules, and regulations established by virtue of any either of those Acts.
(b) Such notice shall be effected by registered mail or by personal service setting forth the particular reasons for the proposed action and fixing a date, not less than 15 days from the date of such mailing or service, at which time the applicant or licensee shall be given an opportunity for a hearing.
(b) Such notice shall be effected by registered mail or by personal service setting forth the particular reasons for the proposed action and fixing a date, not less than 15 days from the date of such mailing or service, at which time the applicant or licensee shall be given an opportunity for a SB2579 Engrossed - 11 - LRB093 16098 DRJ 41726 b hearing.
The decision denying, suspending, or revoking a permit or a license shall become final 35 days after it is so mailed or served, unless the applicant or licensee, SB2579 - 10 - LRB093 16098 DRJ 41726 b within such 35 day period, petitions for review pursuant to Section 13.
The decision denying, suspending, or revoking a permit or a license shall become final 35 days after it is so mailed or served, unless the applicant or licensee, within such 35 day period, petitions for review pursuant to Section 13.
The fees of witnesses for attendance and travel shall be the same as the fees of witnesses before the Circuit Court of this State, such fees to be paid when the witness is excused from further attendance.
The fees of witnesses for attendance and travel shall be the SB2579 Engrossed - 12 - LRB093 16098 DRJ 41726 b same as the fees of witnesses before the Circuit Court of this State, such fees to be paid when the witness is excused from further attendance.
SB2579 - 11 - LRB093 16098 DRJ 41726 b (e) Any Circuit Court of this State upon the application of the Director, or upon the application of any other party to the proceeding, may, in its discretion, compel the attendance of witnesses, the production of books, papers, records, or memoranda and the giving of testimony before the Director or Hearing Officer conducting an investigation or holding a hearing authorized by this Act, by an attachment for contempt, or otherwise, in the same manner as production of evidence may be compelled before the court.
(e) Any Circuit Court of this State upon the application of the Director, or upon the application of any other party to the proceeding, may, in its discretion, compel the attendance of witnesses, the production of books, papers, records, or memoranda and the giving of testimony before the Director or Hearing Officer conducting an investigation or holding a hearing authorized by this Act, by an attachment for contempt, or otherwise, in the same manner as production of evidence may be compelled before the court.
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Action History

  1. Session Sine Die

  2. Rule 19(a) / Re-referred to Rules Committee

  3. Motion to Suspend Rule 25 - Prevailed

  4. Committee/3rd Reading Deadline Extended-Rule 9(b); May 31, 2004

  5. Assigned to Health Care Availability and Access Committee

  6. Added Alternate Co-Sponsor Rep. Monique D. Davis

  7. Added Alternate Chief Co-Sponsor Rep. Marlow H. Colvin

  8. Added Alternate Chief Co-Sponsor Rep. Deborah L. Graham

  9. Referred to Rules Committee

  10. First Reading

  11. Added Alternate Chief Co-Sponsor Rep. Michael P. McAuliffe

  12. Added Alternate Chief Co-Sponsor Rep. Harry Osterman

  13. Chief House Sponsor Rep. Mary E. Flowers

  14. Placed on Calendar Order of First Reading

  15. Arrived in House

  16. Third Reading - Passed; 056-000-000

  17. Added as Co-Sponsor Sen. Kimberly A. Lightford

  18. Added as Co-Sponsor Sen. Mattie Hunter

  19. Added as Co-Sponsor Sen. Donne E. Trotter

  20. Added as Co-Sponsor Sen. Martin A. Sandoval

  21. Added as Chief Co-Sponsor Sen. Don Harmon

  22. Added as Co-Sponsor Sen. Christine Radogno

  23. Placed on Calendar Order of 3rd Reading March 25, 2004

  24. Senate Floor Amendment No. 1 Adopted; Obama

  25. Second Reading

  26. Senate Floor Amendment No. 1 Be Approved for Consideration Health & Human Services; 010-000-000

  27. Added as Co-Sponsor Sen. Rickey R. Hendon

  28. Senate Floor Amendment No. 1 Rules Refers to Health & Human Services

  29. Senate Floor Amendment No. 1 Referred to Rules

  30. Senate Floor Amendment No. 1 Filed with Secretary by Sen. Barack Obama

  31. Placed on Calendar Order of 2nd Reading February 20, 2004

  32. Do Pass Health & Human Services; 008-001-002

  33. Assigned to Health & Human Services

  34. Added as Chief Co-Sponsor Sen. Jacqueline Y. Collins

  35. Added as Chief Co-Sponsor Sen. Jeffrey M. Schoenberg

  36. Added as Chief Co-Sponsor Sen. Iris Y. Martinez

  37. Referred to Rules

  38. First Reading

  39. Filed with Secretary by Sen. Barack Obama

Sponsors

  • Barack Obama · Cosponsor
  • Monique D. Davis · Cosponsor

Sponsorship breakdown

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0 sponsors · 2 co-sponsors · 181 not signed on

Sponsors (0)

None.

Co-sponsors (2)

  • Barack Obama
  • Monique D. Davis

Not signed on (181)

181 members have not signed on to this bill.

Show all 181 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 56 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 48003
Democrat 7000
Republican 1000
Total 56003
% of votes cast 95%0%0%5%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Silverstein — Yea
Soden — Yea
Luechtefeld — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Burzynski — Yea
Halvorson — Yea
Meeks — Yea
Obama — Yea
Sieben — Yea
Munoz — Yea
Trotter — Yea
Brady — Yea
Sullivan, J. — Yea
Petka — Yea
Jacobs — Yea
Clayborne — Yea
Cronin — Yea
Geo-Karis — Yea
Haine — Yea
Jones, J. — Yea
Jones, W. — Yea
Cullerton — Yea
Watson — Yea
Lauzen — Yea
Sullivan, D. — Not Voting
Demuzio — Not Voting
Link — Yea
Maloney — Yea
Schoenberg — Yea
Shadid — Yea
Viverito — Yea
Winkel — Yea
Wojcik — Yea
Crotty — Yea
DeLeo — Yea
Dillard — Yea
Forby — Yea
Garrett — Yea
Hendon — Yea
Peterson — Yea
Radogno — Not Voting
Rauschenberger — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

civil-rights healthcare health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 2579 do?
Creates the Hospital Discriminatory Pricing Reform Act and amends the Hospital Licensing Act. Requires every hospital to develop an "assistance to the uninsured" policy specifying how the hospital will determine the financial liability for services rendered to uninsured patients. Requires that the policy address charity care. Requires notice of the policy to patients. Limits debt collection activities by a hospital. Provides that a violation of the Hospital Discriminatory Pricing Reform Act may subject a hospital to suspension or revocation of its license. Also provides for civil penalties and for a private right of action. Effective immediately.
Who sponsors SB 2579?
SB 2579 is sponsored by Barack Obama and Monique D. Davis.
What is the current status of SB 2579?
This bill died with 93rd Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 2579?
Track SB 2579 free on One Click Politics — get push/email alerts when it moves.

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