(215 ILCS 161/35) (Text of Section before amendment by P.A. 104-851)
Sec. 35. Modification of plan. (a) The terms, fees, discounts, or reimbursement rates in a vision care plan may not be changed during the term of the contract unless mutually agreed to in writing by the eye care provider and the vision care organization that issued the vision care plan. However, a change proposed to a vision care plan by the vision care organization shall become effective if the eye care provider fails to respond to the vision care organization within 60 days after receipt of notice of the proposed changes. (b) The terms of a vision care plan contract that is amended, delivered, issued, or renewed after the effective date of this Act shall comply with the provisions of this Act.
(Source: P.A. 103-482, eff. 8-4-23.) (Text of Section after amendment by P.A. 104-851) Sec. 35. Modification of a provider agreement. (a) The terms, fees, discounts, provider manuals, or reimbursement rates in a provider agreement may not be changed during the term of the provider agreement unless mutually agreed to in writing by the eye care provider and the vision care organization that issued the provider agreement. However, a change proposed to a provider agreement by the vision care organization shall become effective if the eye care provider fails to respond to the vision care organization within 60 days after verification of receipt of notice of the proposed changes, as provided in subsections (b) and (c). (b) Notification of any proposed changes to the provider agreement, and the details in the provider agreement, shall be sent to the eye care provider by electronic communication with verification upon receipt, or upon request of the eye care provider, through certified mail. (c) A vision care organization shall provide to the eye care provider reasonable access to agreement terms, policy manuals, fee schedules, and any other policies and procedures referenced in the agreement or proposed amendments to the agreement. As used in this subsection, "reasonable access" includes making this information available upon request by mail, email, or website listing. (d) The term of a provider agreement may not exceed 2 years unless a different term length is mutually agreed to in writing by all parties. (e) The terms of a provider agreement that is amended, delivered, issued, or renewed after the effective date of this amendatory Act of the 104th General Assembly shall comply with the provisions of this Act. (Source: P.A. 103-482, eff. 8-4-23; 104-851, eff. 1-1-27.)