ILCS » Chapter 210 · Act 88
Illinois Compiled Statutes

210 ILCS 88/5 (2026)

Purpose; findings

✓ current as of May 2026
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(210 ILCS 88/5)
    Sec. 5. Purpose; findings.
    (a) The purpose of this Act is to advance the prompt and accurate payment of health care services through fair and reasonable billing and collection practices of hospitals.
    (b) The General Assembly finds that:
        (1) Medical debts are the cause of an increasing
    
number of bankruptcies in Illinois and are typically associated with severe financial hardship incurred by bankrupt persons and their families.
        (2) Patients, hospitals, and government bodies
    
alike will benefit from clearly articulated standards regarding fair billing and collection practices for all Illinois hospitals.
        (3) Hospitals should employ responsible standards
    
when collecting debt from their patients.
        (4) Patients should be provided sufficient billing
    
information from hospitals to determine the accuracy of the bills for which they may be financially responsible.
        (5) Patients should be given a fair and reasonable
    
opportunity to discuss and assess the accuracy of their bill.
        (6) Hospitals should provide patients with timely
    
and meaningful access to any financial assistance available through the hospital and any public health insurance programs for which patients may be eligible to prevent patients from ending up with avoidable medical debt. Hospitals should assist patients who need financial assistance to access it. Patients who are deemed eligible for hospital financial assistance or public health insurance programs should not be improperly billed, steered into payment plans, or sent to collections.
        (7) Hospitals should offer patients the opportunity
    
to enter into a reasonable payment plan for their hospital care.
        (8) Patients have an obligation to pay for the
    
hospital services they receive subject to any discounts or free care for which they are eligible under Illinois law.
        (9) Hospitals have an obligation to screen uninsured
    
patients before pursuing collection action. To promote the general welfare and to mitigate the negative impact that medical debt has on accessing and using needed health care, hospitals should not attempt to collect a debt from an uninsured patient without first adequately screening the patient for public health insurance programs and financial assistance available to the patient and assisting the patient in obtaining the hospital financial assistance for which they are eligible.
(Source: P.A. 103-323, eff. 1-1-24.)

    
Notes of Decisions
Cited in 1 case, 2013–2013 · leading case: Sutherland v. Leonart, 507 F. App'x 598 (7th Cir. 2013).
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Sutherland v. Leonart, 507 F. App'x 598 (7th Cir. 2013). “She also alleged that the Illinois defendants aided and abetted violations of federal law by failing to enforce Illinois statutes, see 210 ILCS 88/5(b)(4)-(5); 410 ILCS 50/3(b), and she sought a writ of mandamus compelling these defendants to remedy that problem as well.”
— 210 ILCS 88/5(b)(4) — 1 case
Sutherland v. Leonart, 507 F. App'x 598 (7th Cir. 2013). “She also alleged that the Illinois defendants aided and abetted violations of federal law by failing to enforce Illinois statutes, see 210 ILCS 88/5(b)(4)-(5); 410 ILCS 50/3(b), and she sought a writ of mandamus compelling these defendants to remedy that problem as well.”
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