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Full Text of HB4893
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HB4893 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4893
Introduced , by Rep. Lindsey LaPointe
SYNOPSIS AS INTRODUCED:
305 ILCS 5/5-30.19 new
Amends the Medical Assistance Article of the Illinois Public Aid
Code. Provides that the Department of Healthcare and Family Services must
incorporate minimum standards governing behavioral health pre-payment and
post-payment reviews into MCO contracts effective for all services covered
on and after January 1, 2027. Requires the Department to develop or adopt
behavioral health-specific pre-payment and post-payment review guidelines
and incorporate such guidelines by reference into MCO contracts. Provides
that the Department-issued guidelines must: (1) define the documentation
and clearly specify the discrete data elements that may be requested prior
to and during a pre-payment or post-payment review, and applicable
response timeframes, ensuring that all requests are specific, reasonable,
and directly tied to the review objectives; (2) identify regulatory,
statutory, and contractual standards applicable to behavioral health
services; (3) establish uniform evaluation criteria and checklists; and
(4) be publicly available and updated as necessary. Contains provisions on
MCO contracts and required contract terms; pre-payment and post-payment
review processes and notice requirements; timeframes for providers to
respond to a documentation request; communication protocols; contract
transparency and extrapolation from a statistical sampling of claims; the
timeliness and closure of claims reviews; submission methods; reviewer
qualifications; and enforcement. Effective immediately.
LRB104 18033 KTG 31472 b
A BILL FOR
HB4893
LRB104 18033 KTG 31472 b
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AN ACT concerning public aid.
2
Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
4
Section 5.
The Illinois Public Aid Code is amended by
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adding Section 5-30.19 as follows:
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(305 ILCS 5/5-30.19 new)
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Sec. 5-30.19.
MCO behavioral health pre-payment and
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post-payment reviews.
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(a) The General Assembly finds that:
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(1) Behavioral health providers serving Medicaid
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enrollees are essential to ensuring timely access to
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mental health and substance use disorder services across
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the State of Illinois.
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(2) MCOs contracted with the Department of Healthcare
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and Family Services conduct pre-payment and post-payment
16
reviews to ensure program integrity and compliance with
17
applicable requirements.
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(3) Providers have reported significant procedural
19
challenges in the conduct of such reviews, including
20
excessive administrative burden, unclear documentation
21
standards, inconsistent findings, inadequate
22
communication, and lack of transparency regarding review
23
criteria and methodologies.
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(4) Requests for extensive historical records, unclear
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or inconsistent audit standards, delayed issuance of
3
findings, and insufficient time to respond to
4
determinations undermine provider capacity and may
5
negatively impact service delivery.
6
(5) Transparency, consistency, and standardization in
7
review processes are essential to promoting compliance,
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reducing unnecessary administrative burden, and ensuring
9
fair and equitable treatment of providers.
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(6) State-issued, service-specific review guidelines,
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reasonable timeframes, and clear communication protocols
12
are commonly used by accreditation bodies and federal
13
programs to promote objective and uniform oversight.
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(b) The Department must incorporate minimum standards
15
governing behavioral health pre-payment and post-payment
16
reviews into MCO contracts effective for all services covered
17
on and after January 1, 2027.
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(c) As used in this Section:
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"Behavioral health services" means mental health services,
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substance use disorder services, and co-occurring disorder
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services covered under the medical assistance program.
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"Managed Care Organization" or "MCO" means an entity
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contracted with the Department to provide or arrange medical
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assistance services on a capitated basis, including Managed
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Care Community Networks.
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"Managed Care Community Network" or "MCCN" means an
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entity, other than a health maintenance organization, that is
2
owned, operated, or governed by providers of health care
3
services within Illinois and that provides or arranges
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primary, secondary, and tertiary managed health care services
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under contract with the Department exclusively to persons
6
participating in programs administered by the Department.
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"Pre-payment review" means a review, whether titled a
8
review or not, conducted prior to payment to determine whether
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submitted claims meet coverage, documentation, and billing
10
requirements.
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"Post-payment review" means a review, whether titled a
12
review or not, conducted after payment to assess compliance
13
with applicable requirements.
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"Provider" means a behavioral health provider, including a
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Community Mental Health Center, Behavioral Health Clinic,
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Certified Community Behavioral Health Clinic, or Substance Use
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Treatment and Recovery Center, enrolled in the medical
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assistance program and contracted with or reimbursed by an
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MCO.
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"Extrapolation" means the application of review findings
21
from a sampled set of claims to a larger universe of claims for
22
purposes of determining overpayments or recoupments.
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(d) Applicability. This Section applies solely to
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behavioral health pre-payment and post-payment reviews
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conducted by MCOs under contract with the Department to
26
fulfill contractual requirements for program integrity and
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compliance.
2
(e) Contract requirements. The Department must require, as
3
a condition of any contract with an MCO, that the organization
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comply with the requirements of this Section with respect to
5
behavioral health services.
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(f) Standardized review guidelines. The Department must
7
develop or adopt behavioral health-specific pre-payment and
8
post-payment review guidelines and incorporate such guidelines
9
by reference into MCO contracts. MCOs must conduct reviews in
10
accordance with the Department-issued guidelines. The
11
guidelines must:
12
(1) define the documentation and clearly specify the
13
discrete data elements that may be requested prior to and
14
during a pre-payment or post-payment review, and
15
applicable response timeframes, ensuring that all requests
16
are specific, reasonable, and directly tied to the review
17
objectives;
18
(2) identify regulatory, statutory, and contractual
19
standards applicable to behavioral health services;
20
(3) establish uniform evaluation criteria and
21
checklists; and
22
(4) be publicly available and updated as necessary.
23
(g) Reasonable scope and timeframes. MCO contracts must
24
provide the following:
25
(1) MCOs may conduct pre-payment or post-payment
26
reviews only when supported by data indicating a
HB4893
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reasonable possibility of error, fraud, waste, or abuse or
2
as requested by the State.
3
(2) MCOs must notify providers selected for
4
pre-payment or post-payment review by individual written
5
notice to the correspondence address identified in IMPACT
6
with confirmed receipt by provider, stating the specific
7
reason for selection, at least 45 calendar days prior to
8
beginning the review.
9
(3) If the basis for selection of a provider for
10
review is comparative data, the MCO must provide the data
11
on how the provider varies significantly from other
12
providers in the same provider type, service specialty,
13
jurisdiction, or locality.
14
(4) Documentation requests must clearly specify the
15
records being requested and the timeframe for provider
16
response.
17
(5) Requests for documentation are limited to records
18
for dates of service within 12 months of the date of the
19
initiation of the review.
20
(6) Providers are afforded a minimum of 45 calendar
21
days from the date of the request to submit additional
22
documentation, with extensions permitted for good cause.
23
(7) MCOs must permit electronic or other least
24
burdensome methods for submission of requested records.
25
(8) The date on which documentation is received in a
26
secure electronic system is the official date of receipt
HB4893
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for purposes of compliance with submission deadlines.
2
(h) Provider right to dispute records requests.
3
(1) A provider may dispute or appeal any records
4
request issued by an MCO if the provider reasonably
5
believes that the request is:
6
(A) overly broad;
7
(B) duplicative;
8
(C) unduly burdensome; or
9
(D) not reasonably related to verification of
10
payment, medical necessity, quality of care, or
11
compliance with applicable law or contract
12
requirements.
13
(2) The provider must notify the MCO in writing within
14
14 calendar days of receipt of the records request,
15
specifying the basis for the dispute. Upon receipt of such
16
notice, the MCO must pause the records request, and any
17
associated payment holds pending resolution of the
18
dispute.
19
(3) The MCO must respond in writing within 14 calendar
20
days of receipt of the provider's dispute notice, either:
21
(A) narrowing the scope of the records request; or
22
(B) providing a written justification
23
demonstrating the necessity of the requested
24
documentation.
25
(4) If the dispute is not resolved between the
26
provider and the MCO, the provider may escalate the matter
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to the Department for review and determination. The MCO
2
must comply with the Department's final determination
3
regarding the dispute.
4
(5) Providers must not be subject to any adverse
5
action, payment delay, sanctions, or contract termination
6
solely for exercising the right to dispute or appeal a
7
records request in accordance with this Section.
8
(i) Communication protocols. MCO contracts must require
9
standardized communication protocols, including that:
10
(1) MCOs will clearly state in their initial
11
communication to providers if a post-payment review is
12
based on suspected fraud.
13
(2) MCOs will conduct entry and exit communications
14
with providers to clearly convey the review scope,
15
expectations, preliminary findings, compliance status, and
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next steps, ensuring consistent messaging throughout the
17
review process.
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(3) MCOs will provide advance written notice,
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delivered electronically, to providers of documentation
20
requests for any pre-payment or post-payment review,
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including the applicable review period. Paper mail may be
22
used as a secondary method of delivery through carriers
23
that meet the following requirements:
24
(A) Standard Postal Services - any Protected
25
Health Information (PHI) that is sent via USPS, UPS,
26
or FedEx must be sent in sealed envelopes, and must
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utilize a package tracking mechanism.
2
(B) Certified Mail - proof of delivery and a
3
recipient signature of any PHI sent via this method is
4
required as a means of providing additional security
5
and accountability.
6
(4) All notifications and requests for additional
7
documents must include specific MCO contact information
8
for provider communication regarding the pre-payment or
9
post-payment review.
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(j) Transparency of findings and extrapolation. MCO
11
contracts must require that:
12
(1) Providers receive written notification of final
13
review findings, including clear references to applicable
14
regulatory or contractual citations, an explanation of the
15
rationale for each finding, guidance on required next
16
steps or corrective actions, and information regarding the
17
process and timelines for appealing the findings.
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(2) All findings and related written communications
19
are clear, consistent, and non-contradictory to prevent
20
confusion or conflicting conclusions.
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(3) Extrapolation from a statistical sampling of
22
claims may only be used after a documented educational
23
intervention has failed to correct the payment error. As
24
used in this paragraph, "documented educational
25
intervention" means:
26
(A) targeted communication or training provided to
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LRB104 18033 KTG 31472 b
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the provider regarding identified billing, coding, or
2
documentation errors;
3
(B) clear explanation of the correct billing or
4
documentation practices required; and
5
(C) written documentation that such education was
6
provided to the provider, including the date, format,
7
and content of the intervention.
8
(4) Where an MCO elects to extrapolate findings from a
9
sample to a larger universe of claims, the MCO must:
10
(A) ensure that any extrapolation methodology is
11
statistically valid;
12
(B) provide the provider with written notice of
13
the extrapolation methodology and sample used; and
14
(C) maintain records sufficient to demonstrate
15
compliance with this Section, including documentation
16
of the educational intervention and rationale for
17
extrapolation.
18
(5) The provider has the right to dispute or appeal
19
the use of extrapolation and the resulting overpayment
20
determination under the contract's grievance and appeal
21
process.
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Providers must not be subject to adverse action,
23
payment delay, or sanctions solely for exercising their
24
right to dispute or appeal extrapolation.
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(6) The provider may escalate unresolved disputes
26
regarding extrapolation to the Department for review, and
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LRB104 18033 KTG 31472 b
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the MCO must comply with the Department's final
2
determination.
3
(k) Timeliness and closure. MCO contracts must require
4
that:
5
(1) Claims be reviewed and findings issued within 60
6
calendar days of receiving the documentation initially
7
requested from the provider, to allow providers sufficient
8
opportunity to respond and implement corrective actions.
9
(2) Providers are afforded 60 calendar days to review
10
and respond to findings, clearly specifying the basis for
11
disputes of specific findings.
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(3) Within 60 calendar days of receiving the
13
provider's response to findings, MCOs must respond and
14
supply a report addendum with a determination of whether
15
the response warrants additional investigation and
16
discussion.
17
(4) Upon completion of the review, a formal written
18
notice of compliance or closure be issued to the provider.
19
(l) Submission methods. MCO contracts must require the use
20
of the least burdensome and lowest-cost method of record
21
submission, including secure electronic methods, when
22
available.
23
(m) Compliance-oriented approach. MCO contracts must
24
require an approach emphasizing education, technical
25
assistance, and corrective action prior to punitive
26
enforcement, except in cases involving fraud or willful
HB4893
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LRB104 18033 KTG 31472 b
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misconduct.
2
(n) Qualifications of reviewers. MCOs must ensure that
3
reviewers who perform pre-payment and post-payment reviews
4
have experience with Illinois-specific behavioral health care
5
assessment, service delivery, billing, and documentation and
6
receive training consistent with pre-payment and post-payment
7
review requirements in managed care contracts.
8
(o) Enforcement. Failure by an MCO to comply with this
9
Section constitutes a breach of contract subject to remedies
10
available to the Department.
11
Section 99.
Effective date.
This Act takes effect upon
12
becoming law.
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