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Full Text of HB4464
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HB4464 - 104th General Assembly
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House Amendment 001
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Introduced
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House Amendment 001
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HB4464 Enrolled
LRB104 16881 BAB 30291 b
1
AN ACT concerning regulation.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Illinois Insurance Code is amended by
5
changing Section 355.5 as follows:
6
(215 ILCS 5/355.5)
7
Sec. 355.5.
Dental coverage reimbursement; prohibitions.
8
(a)
No insurer, dental service plan corporation,
9
professional service corporation, insurance network leasing
10
company, or any
other
company
or its contracted vendor
that
11
amends, delivers, issues, or renews an individual or group
12
policy of accident and health insurance on or after
the
13
effective date of this amendatory Act of the 104th General
14
Assembly
the effective date of this amendatory Act of the
15
103rd General Assembly
shall require a dental care provider to
16
only accept payment from a credit card or electronic funds
17
transfer or to
incur a fee to access and obtain payment or
18
reimbursement for services provided.
19
(b) Any insurer, dental service plan corporation,
20
professional service corporation, insurance network leasing
21
company, or any other company or its contracted vendor that
22
amends, delivers, issues, or renews an individual or group
23
policy of accident and health insurance
A dental plan carrier
HB4464 Enrolled
- 2 -
LRB104 16881 BAB 30291 b
1
shall provide a dental care provider with 100% of the
2
contracted amount of the payment or reimbursement.
3
(c) In this subsection, "express acceptance" means a clear
4
and direct agreement to the terms of payment method,
5
communicated explicitly by the dental plan to the dental care
6
provider, in writing, signifying acceptance of the payment
7
method without any ambiguity or implied actions. Any insurer,
8
dental service plan corporation, professional service
9
corporation, insurance network leasing company, or any other
10
company or its contracted vendor that amends, delivers,
11
issues, or renews an individual or group policy of accident
12
and health insurance may initiate or change payment
13
methodology to a dental care provider using electronic funds
14
transfer payments, including virtual credit card payments, if:
15
(1) the dental care provider is notified of any fees
16
associated with a particular payment method;
17
(2) the insurer, dental service plan corporation,
18
professional service corporation, insurance network
19
leasing company, or other company or its contracted vendor
20
advises the dental care provider of the available methods
21
of payment and provides clear instructions to the dentist
22
as to how to select an alternative payment method that
23
does not impose fees or similar charges on the provider;
24
and
25
(3) the dental care provider or a designee of the
26
provider elects, through express acceptance, to accept a
HB4464 Enrolled
- 3 -
LRB104 16881 BAB 30291 b
1
payment of the claim using the credit card or electronic
2
funds transfer payment method. A dental care provider's
3
express acceptance may be given by an electronic or
4
digital signature if the form of the signature is
5
recognized as a valid signature under applicable federal
6
or State law, including, but not limited to, checking a
7
box indicating affirmative consent. Violation of express
8
acceptance nullifies an election on claim payment
9
methodology until the express agreement is executed.
10
(d) A dental care provider's selected form of claim
11
payment methodology remains effective until the dental care
12
provider chooses an alternative method of payment or a new
13
contract is executed.
14
(e) The insurer, dental service plan corporation,
15
professional service corporation, insurance network leasing
16
company, or other company or its contracted vendor shall
17
comply with subsections (d) and (e) of Section 355.6.
18
(f) A dental benefit plan or its contracted vendor or
19
health maintenance organization that initiates or changes
20
payments to a dentist through the Automated Clearing House
21
Network in accordance with 45 CFR 162.1601 and 45 CFR 162.1602
22
shall not charge a fee solely to transmit the payment to the
23
dental care provider unless the dental care provider has
24
consented to the fee. A dental care provider agent may charge
25
reasonable fees when transmitting an Automated Clearing House
26
Network payment related to transaction management, data
HB4464 Enrolled
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LRB104 16881 BAB 30291 b
1
management, portal services, and other value-added services,
2
in addition to bank transmittal.
3
(g) The requirements of this Section shall not be waived
4
by contract, and any contractual clause in conflict with the
5
requirements of this Section or that purports to waive any
6
requirements of this Section is void.
Fees incurred directly
7
by a dental care provider from third parties related to
8
transmitting an automated clearing house network claim,
9
transaction management, data management, or portal services
10
and other fees charged by third parties that are not in the
11
control of the dental plan carrier shall not be prohibited by
12
this Section.
13
(Source: P.A. 103-24, eff. 1-1-24
.)
14
Section 99.
Effective date.
This Act takes effect January
15
1, 2027.
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