50 Ill. Adm. Code 2051.320
Discounted Health Care Services Plan Requirements
Section 2051.320 Discounted Health Care Services Plan
Requirements
a) A DHCSP
administrator shall have a written agreement between the administrator and its
beneficiaries that specifies the benefits a beneficiary is to receive under the
DHCSP and that complies with this Section. For insurers offering a DHCSP as
part of a policy of insurance, the certificate or policy may act as the written
agreement.
b) All
agreements between DHCSP administrators and beneficiaries shall contain at a
minimum:
1) A
provision establishing the right of the beneficiary to cancel the plan, in
writing, at any time. If a beneficiary cancels within 30 days after the date
of receipt of the identification card and other membership materials, the
beneficiary will be reimbursed all money paid except any fee authorized by
subsection (f);
2) A
provision establishing that beneficiaries will have free access to DHCSP providers
without restrictions such as waiting periods, notification periods, etc.
(except for hospital discounts);
3) A
provision allowing a beneficiary to modify the method of payment upon request, unless
a specific method of payment is stipulated within the agreement. DHCSP
administrators must discontinue using any automatic account withdrawals,
including, but not limited to, electronic fund transfers and automatic credit
card and/or debit card charges, upon receiving a beneficiary's written request
to terminate or alter the method of payment;
4) The
procedures for filing complaints with the plan and the availability and contact
information for the Illinois Department of Insurance. These procedures must
contain, at a minimum, a statement that the DHCSP shall provide specific
contact information for the Department upon request.
c) If a DHCSP
cancels a membership for any reason other than nonpayment of charges by the
beneficiary, the DHCSP shall make a pro rata reimbursement of all periodic charges
to the member.
d) DHCSP
administrators must provide the following disclosures in writing to any
prospective beneficiary of a DHCSP before purchase, as well as in all
beneficiary agreements. If the initial contact with the prospective
beneficiary is by telephone, the disclosures shall be made orally and included
in the written agreement required by subsection (a). The disclosures shall
also be provided on the first page of any advertisements, marketing materials
or brochures relating to a DHCSP or, if that is not possible, on the first page
listing plan information. The following disclosures must be prominently
displayed:
1) That it
is not insurance;
2) That
the plan provides discounts at certain providers for health care services and
that the range of discounts will vary depending on the type of provider and
service received;
3) That
the plan does not make payments directly to the providers of discounted health
care services;
4) That
the plan beneficiary is obligated to pay for all discounted health care
services, but will receive a discount from those providers that have contracted
with the DHCSP administrator;
5) The DHCSP
administrator's toll-free telephone number and Internet website where
beneficiaries and prospective beneficiaries may obtain additional information
about the DHCSP and lists of providers participating in the DHCSP.
e) Whenever
a DHCSP is sold in conjunction with any other product that can be purchased
separately, including a policy of insurance, the administrator or DHCSP
administrator must provide in writing to the beneficiary the charges for the DHCSP
product.
f)
Any initial one-time processing,
administrative or other such non-regular or periodic charge may not exceed $30.
g) A DHCSP
administrator shall annually file with the Director a listing of all private
label marketers with whom it has a direct or indirect contractual relationship
respecting the marketing or use of the administrator's DHCSP under a name other
than that of the administrator. A DHCSP administrator shall inform the
Department of any additional private label marketers with whom it contracts and
of any cancellation or non-renewal of a contract within 30 days after the
execution, cancellation or non-renewal of those contracts. A listing of private
label marketers must contain:
1) The
name, address and FEIN of the private label marketer;
2) Any DBA
used by the private label marketer; and
3) All
product names used by the private label marketer.
h) A DHCSP
administrator shall ensure that any private label marketer whom it identifies
under subsection (g) or with whom it has an obligation to identify under
subsection (g):
1) Prominently
discloses within all description of benefits and member materials the name of
the administrator and DHCSP administrator whose DHCSP is being provided;
2) Prominently
discloses within all marketing materials the name of any DHCSP administrator
whose DHCSP is being provided;
3) Prominently
discloses the private label marketer's product name and the name or name and
logo of available networks on the member's identification card; and
4) Complies
with the applicable DHCSP administrator provisions of this Part.
i) A
private label marketer that is not identified as such pursuant to subsection
(g) must register as a DHCSP administrator under this Part.
j) A DHCSP
shall identify specific providers in a beneficiary's area, confirm specific
provider participation or provide a listing of participating providers by
mail. Participating provider lists requested by phone must be sent within 3
working days. Any provider listing must include all participating providers
with whom the administrator has contracted either directly or indirectly
through another DHCSP administrator.