PRIOR AUTHORIZATION REFORM ACT
Summary
Creates the Prior Authorization Reform Act. Provides requirements concerning disclosure and review of prior authorization requirements, denial of claims or coverage by a utilization review organization, and the implementation of prior authorization requirements or restrictions. Provides requirements concerning a utilization review organization's obligations with respect to prior authorizations in nonurgent circumstances, urgent health care services, and emergency health care services. Provides that a utilization review organization shall not require prior authorization under specified circumstances. Provides requirements concerning the length of prior authorizations. Provides that health care services are automatically deemed authorized if a utilization review organization fails to comply with the requirements of the Act. Provides that the Director of Insurance may impose an administrative fine not to exceed $250,000 for violations of the Act. Defines terms. Amends the Illinois Insurance Code to change the definition of "emergency medical condition". Amends the Managed Care Reform and Patient Rights Act to provide that companies that transact accident and health insurance shall comply with specified requirements of the Managed Care Reform and Patient Rights Act. Amends the Illinois Public Aid Code to provide that all managed care organizations shall comply with the requirements of the Prior Authorization Reform Act. Makes other changes. Effective January 1, 2022. House Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Changes references from "utilization review organization" to "health insurance issuer" or "health insurance issuer or its contracted utilization review organization". Provides that a health insurance issuer or its contracted utilization review organization must ensure that all adverse determinations are made by a physician when the request is by a physician or a representative of a physician. Provides that a health insurance issuer shall periodically review its prior authorization requirements and consider removal of prior authorization requirements in specified circumstances (rather than a utilization review organization shall not require prior authorization in specified circumstances). In provisions concerning length of prior authorization approval, provides that a prior authorization approval shall be valid for the lesser of 12 months after the date the health care professional or health care provider receives the prior authorization approval or the length of treatment as determined by the patient's health care professional. In provisions concerning clinical review criteria of prior authorization requirements, removes language that provides that a utilization review organization shall seek input from actively practicing physicians representing major areas of the specialty who are not employees of the utilization review organization or consultants to the utilization review organization before establishing or substantially or materially altering written clinical review criteria. Removes language that provides that a utilization review organization shall not deny prior authorization of a health care service solely based on the grounds that a health care professional or health care provider judges a service, product, or procedure is medically appropriate for his or her patient even if it has not been formally approved for the specific condition being treated. In provisions concerning statistics that shall be made available regarding prior authorization approvals and denials, removes specified categories of information. In provisions concerning requirements applicable to the physician who can review consultations and appeals, removes language that provides that the physician must not be employed by a utilization review organization, be under contract with the utilization review organization other than to participate in one or more of the utilization review organization's health care professional networks or to perform reviews of appeals, or otherwise have any financial interest in the outcome of the appeal. Makes other changes. Effective January 1, 2022. House Floor Amendment No. 2 Deletes reference to: 215 ILCS 134/65 Adds reference to: 215 ILCS 5/155.36 Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: In the Prior Authorization Reform Act, deletes a Section concerning obligations with respect to prior authorization concerning emergency health care services, and makes changes in provisions governing applicability; definitions; disclosure and review of prior authorization requirements; obligations with respect to prior authorizations; personnel qualified to make adverse determinations of a prior authorization request; adverse determinations; review of appeals; denials; length of prior authorization approval; continuity of care; effect of failure to comply with the Act; and administration and enforcement. Makes further changes in the Illinois Insurance Code in a Section concerning obligations under the Managed Care Reform and Patient Rights Act. Deletes changes made to the Managed Care Reform and Patient Rights Act in a Section concerning emergency services prior to stabilization. Effective January 1, 2022.
Bill status
signed
all 5 stages cleared
Introduction
Apr 2021
Committee Review
May 2021
House Passage
May 2021
Senate Passage
May 2021
Signed into Law
Aug 2021
Introduced Apr 21, 2021
Signed Aug 19, 2021
Floor votes · Senate May 27, 2021 · House Apr 21, 2021
How they voted
44–0
Passed · 2 other
Total votes 46
May 27, 2021
D
Democratic29
93% Yea
R
Republican17
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
100
Key actions
11
Committee
11
Amendments
4
Aug 19, 2021
Signed into law
Governor Approved
lower
May 27, 2021
Lower · Passed
Passed Both Houses
lower
May 27, 2021
Upper · Passed
Third Reading - Passed; 057-000-000
upper
May 6, 2021
Upper · Passed
Do Pass Insurance; 011-000-000
upper
Apr 28, 2021
Committee
Assigned to Insurance
upper
Apr 22, 2021
Committee
Referred to Assignments
upper
Apr 21, 2021
Introduced
Arrive in Senate
upper
Apr 21, 2021
Lower · Passed
Third Reading - Short Debate - Passed 117-000-000
lower
Apr 21, 2021
Lower · Passed
House Floor Amendment No. 2 Adopted
lower
Apr 21, 2021
Lower · Passed
House Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 005-000-000
lower
Apr 20, 2021
Lower · Passed
House Floor Amendment No. 1 Adopted
lower
Apr 20, 2021
Committee
House Floor Amendment No. 2 Referred to Rules Committee
lower
Apr 20, 2021
Introduced
House Floor Amendment No. 2 Filed with Clerk by Rep. Greg Harris
lower
Apr 14, 2021
Lower · Passed
House Floor Amendment No. 1 Recommends Be Adopted Human Services Committee; 012-000-000
lower
Apr 13, 2021
Lower · Passed
House Floor Amendment No. 1 Rules Refers to Human Services Committee
lower
Apr 7, 2021
Committee
House Floor Amendment No. 1 Referred to Rules Committee
lower
Apr 7, 2021
Introduced
House Floor Amendment No. 1 Filed with Clerk by Rep. Greg Harris
lower
Mar 9, 2021
Lower · Passed
Do Pass / Short Debate Human Services Committee; 015-000-000
lower
Mar 2, 2021
Committee
Assigned to Human Services Committee
lower
Feb 8, 2021
Committee
Referred to Rules Committee
lower
2 primary · 90 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Greg Harris
DDemocratic
P
Linda Holmes
DDemocratic
Co
Adam Niemerg
RRepublican
Co
Adriane Johnson
DDemocratic
Co
Amy Elik
RRepublican
Co
Amy Grant
RRepublican
Co
Andrew Chesney
RRepublican
Co
Ann Gillespie
DDemocratic
Co
Ann Williams
DDemocratic
Co
Anna Moeller
DDemocratic
Co
AM
Antonio Muñoz
DDemocratic
Co
Barbara Hernandez
DDemocratic
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