Illinois healthcare advertising rules the checker applies

Rules for Illinois

1. CG-ILL-001 · Warns · Citation checked against stored text

   Illinois lets the Department discipline a physician for a false or misleading statement about their skill or about how well a treatment works. Guaranteed-cure and miracle claims are the usual examples. The rule applies to licensees and the text does not define misleading, so this is a warning.

   Source: 225 ILCS 60/22 (A)(10), false or misleading statement about skill or the efficacy of a treatment is grounds for discipline

   Safer wording: Describe what the treatment is and who it is for, cite a source for any outcome data, and say that results vary.

   225 ILCS 60/22 · Needs counsel review

2. CG-ILL-002 · Warns · Citation checked against stored text

   Illinois lists solicitation of professional patronage by agents or other persons, and profiting from people who present themselves as a physician's agents, as grounds for discipline. Copy that advertises agents hired to solicit patients points to that. The rule applies to licensees, so this is a warning.

   Source: 225 ILCS 60/22 (A)(24), solicitation of professional patronage by agents or other persons is grounds for discipline

   Safer wording: Take out references to paid patient recruiters or agents. Advertise the practice directly and have counsel review any third-party marketing arrangement.

   225 ILCS 60/22 · Needs counsel review

3. CG-ILL-003 · Warns · Citation checked against stored text

   Illinois bars a physician licensee from dividing, sharing or splitting a professional fee with anyone in exchange for a referral. Breaking that bar is also grounds for discipline. Fee-split and referral-fee offers in recruiting or partner copy fall inside it.

   Source: 225 ILCS 60/22.2 (a), a licensee may not divide or split a professional fee for a referral, and 225 ILCS 60/22 (A)(14)

   Safer wording: Remove fee-sharing and referral-fee offers from the copy. Have counsel review any payment to a referral source.

   225 ILCS 60/22, 225 ILCS 60/22.2 · Needs counsel review

4. CG-ILL-004 · Warns · Citation checked against stored text

   Illinois bars a physician licensee from paying a percentage of professional fees, revenues or profits to anyone for marketing or management of the practice, a preferred provider list, a provider network, fee negotiation, or a patient incentive program. Recruiting copy that offers a percentage-of-revenue marketing deal runs into that.

   Source: 225 ILCS 60/22.2 (f), no percentage of fees, revenues or profits may be paid for marketing, management, network or preferred-provider access

   Safer wording: Offer marketing and management services for a flat fee set in advance. Have counsel confirm any arrangement that pays a percentage.

   225 ILCS 60/22, 225 ILCS 60/22.2 · Needs counsel review

5. CG-ILL-005 · Blocks approval · Citation checked against stored text

   Illinois makes it unlawful to knowingly offer or pay anything of value, in cash or in kind, to induce a person to procure patients whose care will be the basis of an insurance claim. Per-patient bonus or bounty offers fit that. The statute has exceptions, but offers aimed at paying people to bring in insured patients are high risk.

   Source: 740 ILCS 92/5 (a), offering or paying remuneration to induce procuring patients for insured services is unlawful

   Safer wording: Do not advertise payments per patient, lead or member. Pay marketing vendors a flat fee set in advance and have counsel approve the arrangement.

   740 ILCS 92/5, 740 ILCS 92 · Needs counsel review

6. CG-ILL-006 · Warns · Citation checked against stored text

   Illinois declares deceptive acts and practices, including false promises, misrepresentations and hiding a material fact, unlawful in trade or commerce whether or not anyone was actually misled. Saying a health service has no risk or that insurance always pays in full is likely to mislead.

   Source: 815 ILCS 505/2, deception, false promise or misrepresentation in trade or commerce is unlawful

   Safer wording: State the main risks or point to where they are explained, and say that coverage depends on the plan and the service.

   815 ILCS 505/2 · Needs counsel review

7. CG-ILL-007 · Warns · Citation checked against stored text

   Illinois gives patients a right to privacy and confidentiality, and providers must not disclose the nature or details of services provided, outside listed exceptions. A reply to an online review that confirms the reviewer was a patient or names their treatment can disclose that. The patient may have waived this in writing, so this is a warning.

   Source: 410 ILCS 50/3 (d), providers must refrain from disclosing the nature or details of services provided to patients

   Safer wording: Reply to reviews without confirming the person was a patient or naming any treatment. Say something general and move the conversation offline, for example by asking them to call the office.

   410 ILCS 50/3 · Needs counsel review