If enacted, Illinois health care providers would face limits on facility fees, report fee information, and risk penalties for violations.
Health care providers would generally be unable to charge facility fees for outpatient care, diagnostic services, or imaging, with exceptions for certain hospital and emergency settings.
Hospitals, health systems, and freestanding emergency centers would report facility-fee details each year, while providers would keep related records for four years.
Violations could bring audits and penalties of up to $1,000 per occurrence, while hospitals charging outpatient facility fees would inform patients about them.
Health care providers would generally be barred from charging, billing, or collecting facility fees. The rule would cover outpatient facility fees charged by hospitals, hospital-based facilities, health systems, and freestanding emergency centers. Facility fees could still be charged for services on a hospital campus, at a facility with a licensed hospital emergency department, or for emergency services at a freestanding emergency center. Providers could not charge facility fees for outpatient evaluation and management services. Providers also could not charge fees for other outpatient, diagnostic, or imaging services that the Department of Public Health identifies as safely available outside hospitals.
Hospitals, health systems, and freestanding emergency centers would submit annual facility-fee reports to the Department of Public Health. Reports would cover each facility that charges or bills facility fees, patient visits, payments, revenue, and the highest-volume or highest-revenue services. The Department would publish the reported information on a public website. Health care providers would make records available for Department audits when requested in writing. The Department could set report formats and require other facility-fee information by rule. Reports would cover the preceding calendar year. Providers would keep requested audit records available for four years after furnishing services connected to a facility fee.
Violating the proposed facility-fee rules would be treated as an unlawful business practice, and providers could face administrative penalties of up to $1,000 per violation. The enforcement provisions would apply to any person who violates the facility-fee law and to health care providers that violate the law or its rules. The Department of Public Health or its designee could audit providers for compliance. A hospital that charges a facility fee for outpatient services would maintain a policy telling patients they may face the fee and explaining the fee's purpose, covered costs, and contact information.
No hearings or votes scheduled.