Illinois 2023-2024 Regular Session

Illinois House Bill HB2499 Compare Versions

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1-Public Act 103-0649
21 HB2499 EnrolledLRB103 30875 AMQ 57395 b HB2499 Enrolled LRB103 30875 AMQ 57395 b
32 HB2499 Enrolled LRB103 30875 AMQ 57395 b
4-AN ACT concerning regulation.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 5. The Illinois Insurance Code is amended by
8-changing Sections 121-2.05, 356z.18, 367.3, 367a, and 368f and
9-by adding Section 352c as follows:
10-(215 ILCS 5/121-2.05) (from Ch. 73, par. 733-2.05)
11-Sec. 121-2.05. Group insurance policies issued and
12-delivered in other State-Transactions in this State. With the
13-exception of insurance transactions authorized under Sections
14-230.2 or 367.3 of this Code or transactions described under
15-Section 352c, transactions in this State involving group
16-legal, group life and group accident and health or blanket
17-accident and health insurance or group annuities where the
18-master policy of such groups was lawfully issued and delivered
19-in, and under the laws of, a State in which the insurer was
20-authorized to do an insurance business, to a group properly
21-established pursuant to law or regulation, and where the
22-policyholder is domiciled or otherwise has a bona fide situs.
23-(Source: P.A. 86-753.)
24-(215 ILCS 5/352c new)
25-Sec. 352c. Short-term, limited-duration insurance
3+1 AN ACT concerning regulation.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 5. The Illinois Insurance Code is amended by
7+5 changing Sections 121-2.05, 356z.18, 367.3, 367a, and 368f and
8+6 by adding Section 352c as follows:
9+7 (215 ILCS 5/121-2.05) (from Ch. 73, par. 733-2.05)
10+8 Sec. 121-2.05. Group insurance policies issued and
11+9 delivered in other State-Transactions in this State. With the
12+10 exception of insurance transactions authorized under Sections
13+11 230.2 or 367.3 of this Code or transactions described under
14+12 Section 352c, transactions in this State involving group
15+13 legal, group life and group accident and health or blanket
16+14 accident and health insurance or group annuities where the
17+15 master policy of such groups was lawfully issued and delivered
18+16 in, and under the laws of, a State in which the insurer was
19+17 authorized to do an insurance business, to a group properly
20+18 established pursuant to law or regulation, and where the
21+19 policyholder is domiciled or otherwise has a bona fide situs.
22+20 (Source: P.A. 86-753.)
23+21 (215 ILCS 5/352c new)
24+22 Sec. 352c. Short-term, limited-duration insurance
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32-prohibited.
33-(a) In this Section:
34-"Excepted benefits" has the meaning given to that term in
35-42 U.S.C. 300gg-91 and implementing regulations. "Excepted
36-benefits" includes individual, group, or blanket coverage.
37-"Short-term, limited-duration insurance" means any type of
38-accident and health insurance offered or provided within this
39-State pursuant to a group or individual policy or individual
40-certificate by a company, regardless of the situs state of the
41-delivery of the policy, that has an expiration date specified
42-in the contract that is fewer than 365 days after the original
43-effective date. Regardless of the duration of coverage,
44-"short-term, limited-duration insurance" does not include
45-excepted benefits or any student health insurance coverage.
46-(b) On and after January 1, 2025, no company shall issue,
47-deliver, amend, or renew short-term, limited-duration
48-insurance to any natural or legal person that is a resident or
49-domiciled in this State.
50-(215 ILCS 5/356z.18)
51-(Text of Section before amendment by P.A. 103-512)
52-Sec. 356z.18. Prosthetic and customized orthotic devices.
53-(a) For the purposes of this Section:
54-"Customized orthotic device" means a supportive device for
55-the body or a part of the body, the head, neck, or extremities,
56-and includes the replacement or repair of the device based on
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33+1 prohibited.
34+2 (a) In this Section:
35+3 "Excepted benefits" has the meaning given to that term in
36+4 42 U.S.C. 300gg-91 and implementing regulations. "Excepted
37+5 benefits" includes individual, group, or blanket coverage.
38+6 "Short-term, limited-duration insurance" means any type of
39+7 accident and health insurance offered or provided within this
40+8 State pursuant to a group or individual policy or individual
41+9 certificate by a company, regardless of the situs state of the
42+10 delivery of the policy, that has an expiration date specified
43+11 in the contract that is fewer than 365 days after the original
44+12 effective date. Regardless of the duration of coverage,
45+13 "short-term, limited-duration insurance" does not include
46+14 excepted benefits or any student health insurance coverage.
47+15 (b) On and after January 1, 2025, no company shall issue,
48+16 deliver, amend, or renew short-term, limited-duration
49+17 insurance to any natural or legal person that is a resident or
50+18 domiciled in this State.
51+19 (215 ILCS 5/356z.18)
52+20 (Text of Section before amendment by P.A. 103-512)
53+21 Sec. 356z.18. Prosthetic and customized orthotic devices.
54+22 (a) For the purposes of this Section:
55+23 "Customized orthotic device" means a supportive device for
56+24 the body or a part of the body, the head, neck, or extremities,
57+25 and includes the replacement or repair of the device based on
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59-the patient's physical condition as medically necessary,
60-excluding foot orthotics defined as an in-shoe device designed
61-to support the structural components of the foot during
62-weight-bearing activities.
63-"Licensed provider" means a prosthetist, orthotist, or
64-pedorthist licensed to practice in this State.
65-"Prosthetic device" means an artificial device to replace,
66-in whole or in part, an arm or leg and includes accessories
67-essential to the effective use of the device and the
68-replacement or repair of the device based on the patient's
69-physical condition as medically necessary.
70-(b) This amendatory Act of the 96th General Assembly shall
71-provide benefits to any person covered thereunder for expenses
72-incurred in obtaining a prosthetic or custom orthotic device
73-from any Illinois licensed prosthetist, licensed orthotist, or
74-licensed pedorthist as required under the Orthotics,
75-Prosthetics, and Pedorthics Practice Act.
76-(c) A group or individual major medical policy of accident
77-or health insurance or managed care plan or medical, health,
78-or hospital service corporation contract that provides
79-coverage for prosthetic or custom orthotic care and is
80-amended, delivered, issued, or renewed 6 months after the
81-effective date of this amendatory Act of the 96th General
82-Assembly must provide coverage for prosthetic and orthotic
83-devices in accordance with this subsection (c). The coverage
84-required under this Section shall be subject to the other
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87-general exclusions, limitations, and financial requirements of
88-the policy, including coordination of benefits, participating
89-provider requirements, utilization review of health care
90-services, including review of medical necessity, case
91-management, and experimental and investigational treatments,
92-and other managed care provisions under terms and conditions
93-that are no less favorable than the terms and conditions that
94-apply to substantially all medical and surgical benefits
95-provided under the plan or coverage.
96-(d) The policy or plan or contract may require prior
97-authorization for the prosthetic or orthotic devices in the
98-same manner that prior authorization is required for any other
99-covered benefit.
100-(e) Repairs and replacements of prosthetic and orthotic
101-devices are also covered, subject to the co-payments and
102-deductibles, unless necessitated by misuse or loss.
103-(f) A policy or plan or contract may require that, if
104-coverage is provided through a managed care plan, the benefits
105-mandated pursuant to this Section shall be covered benefits
106-only if the prosthetic or orthotic devices are provided by a
107-licensed provider employed by a provider service who contracts
108-with or is designated by the carrier, to the extent that the
109-carrier provides in-network and out-of-network service, the
110-coverage for the prosthetic or orthotic device shall be
111-offered no less extensively.
112-(g) The policy or plan or contract shall also meet
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115-adequacy requirements as established by the Health Care
116-Reimbursement Reform Act of 1985 of the Illinois Insurance
117-Code.
118-(h) This Section shall not apply to accident only,
119-specified disease, short-term travel hospital or medical,
120-hospital confinement indemnity or other fixed indemnity,
121-credit, dental, vision, Medicare supplement, long-term care,
122-basic hospital and medical-surgical expense coverage,
123-disability income insurance coverage, coverage issued as a
124-supplement to liability insurance, workers' compensation
125-insurance, or automobile medical payment insurance.
126-(Source: P.A. 96-833, eff. 6-1-10.)
127-(Text of Section after amendment by P.A. 103-512)
128-Sec. 356z.18. Prosthetic and customized orthotic devices.
129-(a) For the purposes of this Section:
130-"Customized orthotic device" means a supportive device for
131-the body or a part of the body, the head, neck, or extremities,
132-and includes the replacement or repair of the device based on
133-the patient's physical condition as medically necessary,
134-excluding foot orthotics defined as an in-shoe device designed
135-to support the structural components of the foot during
136-weight-bearing activities.
137-"Licensed provider" means a prosthetist, orthotist, or
138-pedorthist licensed to practice in this State.
139-"Prosthetic device" means an artificial device to replace,
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68+1 the patient's physical condition as medically necessary,
69+2 excluding foot orthotics defined as an in-shoe device designed
70+3 to support the structural components of the foot during
71+4 weight-bearing activities.
72+5 "Licensed provider" means a prosthetist, orthotist, or
73+6 pedorthist licensed to practice in this State.
74+7 "Prosthetic device" means an artificial device to replace,
75+8 in whole or in part, an arm or leg and includes accessories
76+9 essential to the effective use of the device and the
77+10 replacement or repair of the device based on the patient's
78+11 physical condition as medically necessary.
79+12 (b) This amendatory Act of the 96th General Assembly shall
80+13 provide benefits to any person covered thereunder for expenses
81+14 incurred in obtaining a prosthetic or custom orthotic device
82+15 from any Illinois licensed prosthetist, licensed orthotist, or
83+16 licensed pedorthist as required under the Orthotics,
84+17 Prosthetics, and Pedorthics Practice Act.
85+18 (c) A group or individual major medical policy of accident
86+19 or health insurance or managed care plan or medical, health,
87+20 or hospital service corporation contract that provides
88+21 coverage for prosthetic or custom orthotic care and is
89+22 amended, delivered, issued, or renewed 6 months after the
90+23 effective date of this amendatory Act of the 96th General
91+24 Assembly must provide coverage for prosthetic and orthotic
92+25 devices in accordance with this subsection (c). The coverage
93+26 required under this Section shall be subject to the other
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142-in whole or in part, an arm or leg and includes accessories
143-essential to the effective use of the device and the
144-replacement or repair of the device based on the patient's
145-physical condition as medically necessary.
146-(b) This amendatory Act of the 96th General Assembly shall
147-provide benefits to any person covered thereunder for expenses
148-incurred in obtaining a prosthetic or custom orthotic device
149-from any Illinois licensed prosthetist, licensed orthotist, or
150-licensed pedorthist as required under the Orthotics,
151-Prosthetics, and Pedorthics Practice Act.
152-(c) A group or individual major medical policy of accident
153-or health insurance or managed care plan or medical, health,
154-or hospital service corporation contract that provides
155-coverage for prosthetic or custom orthotic care and is
156-amended, delivered, issued, or renewed 6 months after the
157-effective date of this amendatory Act of the 96th General
158-Assembly must provide coverage for prosthetic and orthotic
159-devices in accordance with this subsection (c). The coverage
160-required under this Section shall be subject to the other
161-general exclusions, limitations, and financial requirements of
162-the policy, including coordination of benefits, participating
163-provider requirements, utilization review of health care
164-services, including review of medical necessity, case
165-management, and experimental and investigational treatments,
166-and other managed care provisions under terms and conditions
167-that are no less favorable than the terms and conditions that
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170-apply to substantially all medical and surgical benefits
171-provided under the plan or coverage.
172-(d) With respect to an enrollee at any age, in addition to
173-coverage of a prosthetic or custom orthotic device required by
174-this Section, benefits shall be provided for a prosthetic or
175-custom orthotic device determined by the enrollee's provider
176-to be the most appropriate model that is medically necessary
177-for the enrollee to perform physical activities, as
178-applicable, such as running, biking, swimming, and lifting
179-weights, and to maximize the enrollee's whole body health and
180-strengthen the lower and upper limb function.
181-(e) The requirements of this Section do not constitute an
182-addition to this State's essential health benefits that
183-requires defrayal of costs by this State pursuant to 42 U.S.C.
184-18031(d)(3)(B).
185-(f) The policy or plan or contract may require prior
186-authorization for the prosthetic or orthotic devices in the
187-same manner that prior authorization is required for any other
188-covered benefit.
189-(g) Repairs and replacements of prosthetic and orthotic
190-devices are also covered, subject to the co-payments and
191-deductibles, unless necessitated by misuse or loss.
192-(h) A policy or plan or contract may require that, if
193-coverage is provided through a managed care plan, the benefits
194-mandated pursuant to this Section shall be covered benefits
195-only if the prosthetic or orthotic devices are provided by a
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198-licensed provider employed by a provider service who contracts
199-with or is designated by the carrier, to the extent that the
200-carrier provides in-network and out-of-network service, the
201-coverage for the prosthetic or orthotic device shall be
202-offered no less extensively.
203-(i) The policy or plan or contract shall also meet
204-adequacy requirements as established by the Health Care
205-Reimbursement Reform Act of 1985 of the Illinois Insurance
206-Code.
207-(j) This Section shall not apply to accident only,
208-specified disease, short-term travel hospital or medical,
209-hospital confinement indemnity or other fixed indemnity,
210-credit, dental, vision, Medicare supplement, long-term care,
211-basic hospital and medical-surgical expense coverage,
212-disability income insurance coverage, coverage issued as a
213-supplement to liability insurance, workers' compensation
214-insurance, or automobile medical payment insurance.
215-(Source: P.A. 103-512, eff. 1-1-25.)
216-(215 ILCS 5/367.3) (from Ch. 73, par. 979.3)
217-Sec. 367.3. Group accident and health insurance;
218-discretionary groups.
219-(a) No group health insurance offered to a resident of
220-this State under a policy issued to a group, other than one
221-specifically described in Section 367(1), shall be delivered
222-or issued for delivery in this State unless the Director
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104+1 general exclusions, limitations, and financial requirements of
105+2 the policy, including coordination of benefits, participating
106+3 provider requirements, utilization review of health care
107+4 services, including review of medical necessity, case
108+5 management, and experimental and investigational treatments,
109+6 and other managed care provisions under terms and conditions
110+7 that are no less favorable than the terms and conditions that
111+8 apply to substantially all medical and surgical benefits
112+9 provided under the plan or coverage.
113+10 (d) The policy or plan or contract may require prior
114+11 authorization for the prosthetic or orthotic devices in the
115+12 same manner that prior authorization is required for any other
116+13 covered benefit.
117+14 (e) Repairs and replacements of prosthetic and orthotic
118+15 devices are also covered, subject to the co-payments and
119+16 deductibles, unless necessitated by misuse or loss.
120+17 (f) A policy or plan or contract may require that, if
121+18 coverage is provided through a managed care plan, the benefits
122+19 mandated pursuant to this Section shall be covered benefits
123+20 only if the prosthetic or orthotic devices are provided by a
124+21 licensed provider employed by a provider service who contracts
125+22 with or is designated by the carrier, to the extent that the
126+23 carrier provides in-network and out-of-network service, the
127+24 coverage for the prosthetic or orthotic device shall be
128+25 offered no less extensively.
129+26 (g) The policy or plan or contract shall also meet
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225-determines that:
226-(1) the issuance of the policy is not contrary to the
227-public interest;
228-(2) the issuance of the policy will result in
229-economies of acquisition and administration; and
230-(3) the benefits under the policy are reasonable in
231-relation to the premium charged.
232-(b) No such group health insurance may be offered in this
233-State under a policy issued in another state unless this State
234-or the state in which the group policy is issued has made a
235-determination that the requirements of subsection (a) have
236-been met.
237-Where insurance is to be offered in this State under a
238-policy described in this subsection, the insurer shall file
239-for informational review purposes:
240-(1) a copy of the group master contract;
241-(2) a copy of the statute authorizing the issuance of
242-the group policy in the state of situs, which statute has
243-the same or similar requirements as this State, or in the
244-absence of such statute, a certification by an officer of
245-the company that the policy meets the Illinois minimum
246-standards required for individual accident and health
247-policies under authority of Section 401 of this Code, as
248-now or hereafter amended, as promulgated by rule at 50
249-Illinois Administrative Code, Ch. I, Sec. 2007, et seq.,
250-as now or hereafter amended, or by a successor rule;
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253-(3) evidence of approval by the state of situs of the
254-group master policy; and
255-(4) copies of all supportive material furnished to the
256-state of situs to satisfy the criteria for approval.
257-(c) The Director may, at any time after receipt of the
258-information required under subsection (b) and after finding
259-that the standards of subsection (a) have not been met, order
260-the insurer to cease the issuance or marketing of that
261-coverage in this State.
262-(d) Notwithstanding subsections (a) and (b), group Group
263-accident and health insurance subject to the provisions of
264-this Section is also subject to the provisions of Sections
265-352c and Section 367i of this Code and rules thereunder.
266-(Source: P.A. 90-655, eff. 7-30-98.)
267-(215 ILCS 5/367a) (from Ch. 73, par. 979a)
268-Sec. 367a. Blanket accident and health insurance.
269-(1) Blanket accident and health insurance is the that form
270-of accident and health insurance providing excepted benefits,
271-as defined in Section 352c, that covers covering special
272-groups of persons as enumerated in one of the following
273-paragraphs (a) to (g), inclusive:
274-(a) Under a policy or contract issued to any carrier for
275-hire, which shall be deemed the policyholder, covering a group
276-defined as all persons who may become passengers on such
277-carrier.
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280-(b) Under a policy or contract issued to an employer, who
281-shall be deemed the policyholder, covering all employees or
282-any group of employees defined by reference to exceptional
283-hazards incident to such employment.
284-(c) Under a policy or contract issued to a college,
285-school, or other institution of learning or to the head or
286-principal thereof, who or which shall be deemed the
287-policyholder, covering students or teachers. However, student
288-health insurance coverage, as defined in 45 CFR 147.145, shall
289-remain subject to the standards and requirements for
290-individual health insurance coverage except where inconsistent
291-with that regulation. An issuer providing student health
292-insurance coverage or a policy or contract covering students
293-for limited-scope dental or vision under 45 CFR 148.220 shall
294-require an individual application or enrollment form and shall
295-furnish each insured individual a certificate, which shall
296-have been approved by the Director under Section 355.
297-(d) Under a policy or contract issued in the name of any
298-volunteer fire department, first aid, or other such volunteer
299-group, which shall be deemed the policyholder, covering all of
300-the members of such department or group.
301-(e) Under a policy or contract issued to a creditor, who
302-shall be deemed the policyholder, to insure debtors of the
303-creditors; Provided, however, that in the case of a loan which
304-is subject to the Small Loans Act, no insurance premium or
305-other cost shall be directly or indirectly charged or assessed
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140+1 adequacy requirements as established by the Health Care
141+2 Reimbursement Reform Act of 1985 of the Illinois Insurance
142+3 Code.
143+4 (h) This Section shall not apply to accident only,
144+5 specified disease, short-term travel hospital or medical,
145+6 hospital confinement indemnity or other fixed indemnity,
146+7 credit, dental, vision, Medicare supplement, long-term care,
147+8 basic hospital and medical-surgical expense coverage,
148+9 disability income insurance coverage, coverage issued as a
149+10 supplement to liability insurance, workers' compensation
150+11 insurance, or automobile medical payment insurance.
151+12 (Source: P.A. 96-833, eff. 6-1-10.)
152+13 (Text of Section after amendment by P.A. 103-512)
153+14 Sec. 356z.18. Prosthetic and customized orthotic devices.
154+15 (a) For the purposes of this Section:
155+16 "Customized orthotic device" means a supportive device for
156+17 the body or a part of the body, the head, neck, or extremities,
157+18 and includes the replacement or repair of the device based on
158+19 the patient's physical condition as medically necessary,
159+20 excluding foot orthotics defined as an in-shoe device designed
160+21 to support the structural components of the foot during
161+22 weight-bearing activities.
162+23 "Licensed provider" means a prosthetist, orthotist, or
163+24 pedorthist licensed to practice in this State.
164+25 "Prosthetic device" means an artificial device to replace,
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308-against, or collected or received from the borrower.
309-(f) Under a policy or contract issued to a sports team or
310-to a camp, which team or camp sponsor shall be deemed the
311-policyholder, covering members or campers.
312-(g) Under a policy or contract issued to any other
313-substantially similar group which, in the discretion of the
314-Director, may be subject to the issuance of a blanket accident
315-and health policy or contract.
316-(2) Any insurance company authorized to write accident and
317-health insurance in this state shall have the power to issue
318-blanket accident and health insurance. No such blanket policy
319-may be issued or delivered in this State unless a copy of the
320-form thereof shall have been filed in accordance with Section
321-355, and it contains in substance such of those provisions
322-contained in Sections 357.1 through 357.30 as may be
323-applicable to blanket accident and health insurance and the
324-following provisions:
325-(a) A provision that the policy and the application shall
326-constitute the entire contract between the parties, and that
327-all statements made by the policyholder shall, in absence of
328-fraud, be deemed representations and not warranties, and that
329-no such statements shall be used in defense to a claim under
330-the policy, unless it is contained in a written application.
331-(b) A provision that to the group or class thereof
332-originally insured shall be added from time to time all new
333-persons or individuals eligible for coverage.
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336-(3) An individual application shall not be required from a
337-person covered under a blanket accident or health policy or
338-contract, nor shall it be necessary for the insurer to furnish
339-each person a certificate.
340-(4) All benefits under any blanket accident and health
341-policy shall be payable to the person insured, or to his
342-designated beneficiary or beneficiaries, or to his or her
343-estate, except that if the person insured be a minor or person
344-under legal disability, such benefits may be made payable to
345-his or her parent, guardian, or other person actually
346-supporting him or her. Provided further, however, that the
347-policy may provide that all or any portion of any indemnities
348-provided by any such policy on account of hospital, nursing,
349-medical or surgical services may, at the insurer's option, be
350-paid directly to the hospital or person rendering such
351-services; but the policy may not require that the service be
352-rendered by a particular hospital or person. Payment so made
353-shall discharge the insurer's obligation with respect to the
354-amount of insurance so paid.
355-(5) Nothing contained in this section shall be deemed to
356-affect the legal liability of policyholders for the death of
357-or injury to, any such member of such group.
358-(Source: P.A. 83-1362.)
359-(215 ILCS 5/368f)
360-Sec. 368f. Military service member insurance
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363-reinstatement.
364-(a) No Illinois resident activated for military service
365-and no spouse or dependent of the resident who becomes
366-eligible for a federal government-sponsored health insurance
367-program, including the TriCare program providing coverage for
368-civilian dependents of military personnel, as a result of the
369-activation shall be denied reinstatement into the same
370-individual health insurance coverage with the health insurer
371-that the resident lapsed as a result of activation or becoming
372-covered by the federal government-sponsored health insurance
373-program. The resident shall have the right to reinstatement in
374-the same individual health insurance coverage without medical
375-underwriting, subject to payment of the current premium
376-charged to other persons of the same age and gender that are
377-covered under the same individual health coverage. Except in
378-the case of birth or adoption that occurs during the period of
379-activation, reinstatement must be into the same coverage type
380-as the resident held prior to lapsing the individual health
381-insurance coverage and at the same or, at the option of the
382-resident, higher deductible level. The reinstatement rights
383-provided under this subsection (a) are not available to a
384-resident or dependents if the activated person is discharged
385-from the military under other than honorable conditions.
386-(b) The health insurer with which the reinstatement is
387-being requested must receive a request for reinstatement no
388-later than 63 days following the later of (i) deactivation or
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175+1 in whole or in part, an arm or leg and includes accessories
176+2 essential to the effective use of the device and the
177+3 replacement or repair of the device based on the patient's
178+4 physical condition as medically necessary.
179+5 (b) This amendatory Act of the 96th General Assembly shall
180+6 provide benefits to any person covered thereunder for expenses
181+7 incurred in obtaining a prosthetic or custom orthotic device
182+8 from any Illinois licensed prosthetist, licensed orthotist, or
183+9 licensed pedorthist as required under the Orthotics,
184+10 Prosthetics, and Pedorthics Practice Act.
185+11 (c) A group or individual major medical policy of accident
186+12 or health insurance or managed care plan or medical, health,
187+13 or hospital service corporation contract that provides
188+14 coverage for prosthetic or custom orthotic care and is
189+15 amended, delivered, issued, or renewed 6 months after the
190+16 effective date of this amendatory Act of the 96th General
191+17 Assembly must provide coverage for prosthetic and orthotic
192+18 devices in accordance with this subsection (c). The coverage
193+19 required under this Section shall be subject to the other
194+20 general exclusions, limitations, and financial requirements of
195+21 the policy, including coordination of benefits, participating
196+22 provider requirements, utilization review of health care
197+23 services, including review of medical necessity, case
198+24 management, and experimental and investigational treatments,
199+25 and other managed care provisions under terms and conditions
200+26 that are no less favorable than the terms and conditions that
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391-(ii) loss of coverage under the federal government-sponsored
392-health insurance program. The health insurer may request proof
393-of loss of coverage and the timing of the loss of coverage of
394-the government-sponsored coverage in order to determine
395-eligibility for reinstatement into the individual coverage.
396-The effective date of the reinstatement of individual health
397-coverage shall be the first of the month following receipt of
398-the notice requesting reinstatement.
399-(c) All insurers must provide written notice to the
400-policyholder of individual health coverage of the rights
401-described in subsection (a) of this Section. In lieu of the
402-inclusion of the notice in the individual health insurance
403-policy, an insurance company may satisfy the notification
404-requirement by providing a single written notice:
405-(1) in conjunction with the enrollment process for a
406-policyholder initially enrolling in the individual
407-coverage on or after the effective date of this amendatory
408-Act of the 94th General Assembly; or
409-(2) by mailing written notice to policyholders whose
410-coverage was effective prior to the effective date of this
411-amendatory Act of the 94th General Assembly no later than
412-90 days following the effective date of this amendatory
413-Act of the 94th General Assembly.
414-(d) The provisions of subsection (a) of this Section do
415-not apply to any policy or certificate providing coverage for
416-any specified disease, specified accident or accident-only
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419-coverage, credit, dental, disability income, hospital
420-indemnity or other fixed indemnity, long-term care, Medicare
421-supplement, vision care, or short-term travel nonrenewable
422-health policy or other limited-benefit supplemental insurance,
423-or any coverage issued as a supplement to any liability
424-insurance, workers' compensation or similar insurance, or any
425-insurance under which benefits are payable with or without
426-regard to fault, whether written on a group, blanket, or
427-individual basis.
428-(e) Nothing in this Section shall require an insurer to
429-reinstate the resident if the insurer requires residency in an
430-enrollment area and those residency requirements are not met
431-after deactivation or loss of coverage under the
432-government-sponsored health insurance program.
433-(f) All terms, conditions, and limitations of the
434-individual coverage into which reinstatement is made apply
435-equally to all insureds enrolled in the coverage.
436-(g) The Secretary may adopt rules as may be necessary to
437-carry out the provisions of this Section.
438-(Source: P.A. 94-1037, eff. 7-20-06.)
439-Section 10. The Health Maintenance Organization Act is
440-amended by changing Section 5-3 as follows:
441-(215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)
442-Sec. 5-3. Insurance Code provisions.
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445-(a) Health Maintenance Organizations shall be subject to
446-the provisions of Sections 133, 134, 136, 137, 139, 140,
447-141.1, 141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153,
448-154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, 155.49,
449-352c, 355.2, 355.3, 355b, 355c, 356f, 356g.5-1, 356m, 356q,
450-356v, 356w, 356x, 356z.2, 356z.3a, 356z.4, 356z.4a, 356z.5,
451-356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
452-356z.14, 356z.15, 356z.17, 356z.18, 356z.19, 356z.20, 356z.21,
453-356z.22, 356z.23, 356z.24, 356z.25, 356z.26, 356z.28, 356z.29,
454-356z.30, 356z.30a, 356z.31, 356z.32, 356z.33, 356z.34,
455-356z.35, 356z.36, 356z.37, 356z.38, 356z.39, 356z.40, 356z.41,
456-356z.44, 356z.45, 356z.46, 356z.47, 356z.48, 356z.49, 356z.50,
457-356z.51, 356z.53, 356z.54, 356z.55, 356z.56, 356z.57, 356z.58,
458-356z.59, 356z.60, 356z.61, 356z.62, 356z.64, 356z.65, 356z.67,
459-356z.68, 364, 364.01, 364.3, 367.2, 367.2-5, 367i, 368a, 368b,
460-368c, 368d, 368e, 370c, 370c.1, 401, 401.1, 402, 403, 403A,
461-408, 408.2, 409, 412, 444, and 444.1, paragraph (c) of
462-subsection (2) of Section 367, and Articles IIA, VIII 1/2,
463-XII, XII 1/2, XIII, XIII 1/2, XXV, XXVI, and XXXIIB of the
464-Illinois Insurance Code.
465-(b) For purposes of the Illinois Insurance Code, except
466-for Sections 444 and 444.1 and Articles XIII and XIII 1/2,
467-Health Maintenance Organizations in the following categories
468-are deemed to be "domestic companies":
469-(1) a corporation authorized under the Dental Service
470-Plan Act or the Voluntary Health Services Plans Act;
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211+1 apply to substantially all medical and surgical benefits
212+2 provided under the plan or coverage.
213+3 (d) With respect to an enrollee at any age, in addition to
214+4 coverage of a prosthetic or custom orthotic device required by
215+5 this Section, benefits shall be provided for a prosthetic or
216+6 custom orthotic device determined by the enrollee's provider
217+7 to be the most appropriate model that is medically necessary
218+8 for the enrollee to perform physical activities, as
219+9 applicable, such as running, biking, swimming, and lifting
220+10 weights, and to maximize the enrollee's whole body health and
221+11 strengthen the lower and upper limb function.
222+12 (e) The requirements of this Section do not constitute an
223+13 addition to this State's essential health benefits that
224+14 requires defrayal of costs by this State pursuant to 42 U.S.C.
225+15 18031(d)(3)(B).
226+16 (f) The policy or plan or contract may require prior
227+17 authorization for the prosthetic or orthotic devices in the
228+18 same manner that prior authorization is required for any other
229+19 covered benefit.
230+20 (g) Repairs and replacements of prosthetic and orthotic
231+21 devices are also covered, subject to the co-payments and
232+22 deductibles, unless necessitated by misuse or loss.
233+23 (h) A policy or plan or contract may require that, if
234+24 coverage is provided through a managed care plan, the benefits
235+25 mandated pursuant to this Section shall be covered benefits
236+26 only if the prosthetic or orthotic devices are provided by a
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473-(2) a corporation organized under the laws of this
474-State; or
475-(3) a corporation organized under the laws of another
476-state, 30% or more of the enrollees of which are residents
477-of this State, except a corporation subject to
478-substantially the same requirements in its state of
479-organization as is a "domestic company" under Article VIII
480-1/2 of the Illinois Insurance Code.
481-(c) In considering the merger, consolidation, or other
482-acquisition of control of a Health Maintenance Organization
483-pursuant to Article VIII 1/2 of the Illinois Insurance Code,
484-(1) the Director shall give primary consideration to
485-the continuation of benefits to enrollees and the
486-financial conditions of the acquired Health Maintenance
487-Organization after the merger, consolidation, or other
488-acquisition of control takes effect;
489-(2)(i) the criteria specified in subsection (1)(b) of
490-Section 131.8 of the Illinois Insurance Code shall not
491-apply and (ii) the Director, in making his determination
492-with respect to the merger, consolidation, or other
493-acquisition of control, need not take into account the
494-effect on competition of the merger, consolidation, or
495-other acquisition of control;
496-(3) the Director shall have the power to require the
497-following information:
498-(A) certification by an independent actuary of the
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501-adequacy of the reserves of the Health Maintenance
502-Organization sought to be acquired;
503-(B) pro forma financial statements reflecting the
504-combined balance sheets of the acquiring company and
505-the Health Maintenance Organization sought to be
506-acquired as of the end of the preceding year and as of
507-a date 90 days prior to the acquisition, as well as pro
508-forma financial statements reflecting projected
509-combined operation for a period of 2 years;
510-(C) a pro forma business plan detailing an
511-acquiring party's plans with respect to the operation
512-of the Health Maintenance Organization sought to be
513-acquired for a period of not less than 3 years; and
514-(D) such other information as the Director shall
515-require.
516-(d) The provisions of Article VIII 1/2 of the Illinois
517-Insurance Code and this Section 5-3 shall apply to the sale by
518-any health maintenance organization of greater than 10% of its
519-enrollee population (including, without limitation, the health
520-maintenance organization's right, title, and interest in and
521-to its health care certificates).
522-(e) In considering any management contract or service
523-agreement subject to Section 141.1 of the Illinois Insurance
524-Code, the Director (i) shall, in addition to the criteria
525-specified in Section 141.2 of the Illinois Insurance Code,
526-take into account the effect of the management contract or
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529-service agreement on the continuation of benefits to enrollees
530-and the financial condition of the health maintenance
531-organization to be managed or serviced, and (ii) need not take
532-into account the effect of the management contract or service
533-agreement on competition.
534-(f) Except for small employer groups as defined in the
535-Small Employer Rating, Renewability and Portability Health
536-Insurance Act and except for medicare supplement policies as
537-defined in Section 363 of the Illinois Insurance Code, a
538-Health Maintenance Organization may by contract agree with a
539-group or other enrollment unit to effect refunds or charge
540-additional premiums under the following terms and conditions:
541-(i) the amount of, and other terms and conditions with
542-respect to, the refund or additional premium are set forth
543-in the group or enrollment unit contract agreed in advance
544-of the period for which a refund is to be paid or
545-additional premium is to be charged (which period shall
546-not be less than one year); and
547-(ii) the amount of the refund or additional premium
548-shall not exceed 20% of the Health Maintenance
549-Organization's profitable or unprofitable experience with
550-respect to the group or other enrollment unit for the
551-period (and, for purposes of a refund or additional
552-premium, the profitable or unprofitable experience shall
553-be calculated taking into account a pro rata share of the
554-Health Maintenance Organization's administrative and
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247+1 licensed provider employed by a provider service who contracts
248+2 with or is designated by the carrier, to the extent that the
249+3 carrier provides in-network and out-of-network service, the
250+4 coverage for the prosthetic or orthotic device shall be
251+5 offered no less extensively.
252+6 (i) The policy or plan or contract shall also meet
253+7 adequacy requirements as established by the Health Care
254+8 Reimbursement Reform Act of 1985 of the Illinois Insurance
255+9 Code.
256+10 (j) This Section shall not apply to accident only,
257+11 specified disease, short-term travel hospital or medical,
258+12 hospital confinement indemnity or other fixed indemnity,
259+13 credit, dental, vision, Medicare supplement, long-term care,
260+14 basic hospital and medical-surgical expense coverage,
261+15 disability income insurance coverage, coverage issued as a
262+16 supplement to liability insurance, workers' compensation
263+17 insurance, or automobile medical payment insurance.
264+18 (Source: P.A. 103-512, eff. 1-1-25.)
265+19 (215 ILCS 5/367.3) (from Ch. 73, par. 979.3)
266+20 Sec. 367.3. Group accident and health insurance;
267+21 discretionary groups.
268+22 (a) No group health insurance offered to a resident of
269+23 this State under a policy issued to a group, other than one
270+24 specifically described in Section 367(1), shall be delivered
271+25 or issued for delivery in this State unless the Director
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557-marketing expenses, but shall not include any refund to be
558-made or additional premium to be paid pursuant to this
559-subsection (f)). The Health Maintenance Organization and
560-the group or enrollment unit may agree that the profitable
561-or unprofitable experience may be calculated taking into
562-account the refund period and the immediately preceding 2
563-plan years.
564-The Health Maintenance Organization shall include a
565-statement in the evidence of coverage issued to each enrollee
566-describing the possibility of a refund or additional premium,
567-and upon request of any group or enrollment unit, provide to
568-the group or enrollment unit a description of the method used
569-to calculate (1) the Health Maintenance Organization's
570-profitable experience with respect to the group or enrollment
571-unit and the resulting refund to the group or enrollment unit
572-or (2) the Health Maintenance Organization's unprofitable
573-experience with respect to the group or enrollment unit and
574-the resulting additional premium to be paid by the group or
575-enrollment unit.
576-In no event shall the Illinois Health Maintenance
577-Organization Guaranty Association be liable to pay any
578-contractual obligation of an insolvent organization to pay any
579-refund authorized under this Section.
580-(g) Rulemaking authority to implement Public Act 95-1045,
581-if any, is conditioned on the rules being adopted in
582-accordance with all provisions of the Illinois Administrative
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585-Procedure Act and all rules and procedures of the Joint
586-Committee on Administrative Rules; any purported rule not so
587-adopted, for whatever reason, is unauthorized.
588-(Source: P.A. 102-30, eff. 1-1-22; 102-34, eff. 6-25-21;
589-102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.
590-1-1-22; 102-589, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665,
591-eff. 10-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22;
592-102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff.
593-1-1-23; 102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093,
594-eff. 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24;
595-103-91, eff. 1-1-24; 103-123, eff. 1-1-24; 103-154, eff.
596-6-30-23; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445,
597-eff. 1-1-24; 103-551, eff. 8-11-23; revised 8-29-23.)
598-Section 15. The Limited Health Service Organization Act is
599-amended by changing Section 4003 as follows:
600-(215 ILCS 130/4003) (from Ch. 73, par. 1504-3)
601-Sec. 4003. Illinois Insurance Code provisions. Limited
602-health service organizations shall be subject to the
603-provisions of Sections 133, 134, 136, 137, 139, 140, 141.1,
604-141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154,
605-154.5, 154.6, 154.7, 154.8, 155.04, 155.37, 155.49, 352c,
606-355.2, 355.3, 355b, 356q, 356v, 356z.4, 356z.4a, 356z.10,
607-356z.21, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30a,
608-356z.32, 356z.33, 356z.41, 356z.46, 356z.47, 356z.51, 356z.53,
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611-356z.54, 356z.57, 356z.59, 356z.61, 356z.64, 356z.67, 356z.68,
612-364.3, 368a, 401, 401.1, 402, 403, 403A, 408, 408.2, 409, 412,
613-444, and 444.1 and Articles IIA, VIII 1/2, XII, XII 1/2, XIII,
614-XIII 1/2, XXV, and XXVI of the Illinois Insurance Code.
615-Nothing in this Section shall require a limited health care
616-plan to cover any service that is not a limited health service.
617-For purposes of the Illinois Insurance Code, except for
618-Sections 444 and 444.1 and Articles XIII and XIII 1/2, limited
619-health service organizations in the following categories are
620-deemed to be domestic companies:
621-(1) a corporation under the laws of this State; or
622-(2) a corporation organized under the laws of another
623-state, 30% or more of the enrollees of which are residents
624-of this State, except a corporation subject to
625-substantially the same requirements in its state of
626-organization as is a domestic company under Article VIII
627-1/2 of the Illinois Insurance Code.
628-(Source: P.A. 102-30, eff. 1-1-22; 102-203, eff. 1-1-22;
629-102-306, eff. 1-1-22; 102-642, eff. 1-1-22; 102-731, eff.
630-1-1-23; 102-775, eff. 5-13-22; 102-813, eff. 5-13-22; 102-816,
631-eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23;
632-102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff.
633-1-1-24; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445,
634-eff. 1-1-24; revised 8-29-23.)
635-(215 ILCS 190/Act rep.)
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282+1 determines that:
283+2 (1) the issuance of the policy is not contrary to the
284+3 public interest;
285+4 (2) the issuance of the policy will result in
286+5 economies of acquisition and administration; and
287+6 (3) the benefits under the policy are reasonable in
288+7 relation to the premium charged.
289+8 (b) No such group health insurance may be offered in this
290+9 State under a policy issued in another state unless this State
291+10 or the state in which the group policy is issued has made a
292+11 determination that the requirements of subsection (a) have
293+12 been met.
294+13 Where insurance is to be offered in this State under a
295+14 policy described in this subsection, the insurer shall file
296+15 for informational review purposes:
297+16 (1) a copy of the group master contract;
298+17 (2) a copy of the statute authorizing the issuance of
299+18 the group policy in the state of situs, which statute has
300+19 the same or similar requirements as this State, or in the
301+20 absence of such statute, a certification by an officer of
302+21 the company that the policy meets the Illinois minimum
303+22 standards required for individual accident and health
304+23 policies under authority of Section 401 of this Code, as
305+24 now or hereafter amended, as promulgated by rule at 50
306+25 Illinois Administrative Code, Ch. I, Sec. 2007, et seq.,
307+26 as now or hereafter amended, or by a successor rule;
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638-Section 20. The Short-Term, Limited-Duration Health
639-Insurance Coverage Act is repealed.
640-Section 95. No acceleration or delay. Where this Act makes
641-changes in a statute that is represented in this Act by text
642-that is not yet or no longer in effect (for example, a Section
643-represented by multiple versions), the use of that text does
644-not accelerate or delay the taking effect of (i) the changes
645-made by this Act or (ii) provisions derived from any other
646-Public Act.
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318+1 (3) evidence of approval by the state of situs of the
319+2 group master policy; and
320+3 (4) copies of all supportive material furnished to the
321+4 state of situs to satisfy the criteria for approval.
322+5 (c) The Director may, at any time after receipt of the
323+6 information required under subsection (b) and after finding
324+7 that the standards of subsection (a) have not been met, order
325+8 the insurer to cease the issuance or marketing of that
326+9 coverage in this State.
327+10 (d) Notwithstanding subsections (a) and (b), group Group
328+11 accident and health insurance subject to the provisions of
329+12 this Section is also subject to the provisions of Sections
330+13 352c and Section 367i of this Code and rules thereunder.
331+14 (Source: P.A. 90-655, eff. 7-30-98.)
332+15 (215 ILCS 5/367a) (from Ch. 73, par. 979a)
333+16 Sec. 367a. Blanket accident and health insurance.
334+17 (1) Blanket accident and health insurance is the that form
335+18 of accident and health insurance providing excepted benefits,
336+19 as defined in Section 352c, that covers covering special
337+20 groups of persons as enumerated in one of the following
338+21 paragraphs (a) to (g), inclusive:
339+22 (a) Under a policy or contract issued to any carrier for
340+23 hire, which shall be deemed the policyholder, covering a group
341+24 defined as all persons who may become passengers on such
342+25 carrier.
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353+1 (b) Under a policy or contract issued to an employer, who
354+2 shall be deemed the policyholder, covering all employees or
355+3 any group of employees defined by reference to exceptional
356+4 hazards incident to such employment.
357+5 (c) Under a policy or contract issued to a college,
358+6 school, or other institution of learning or to the head or
359+7 principal thereof, who or which shall be deemed the
360+8 policyholder, covering students or teachers. However, student
361+9 health insurance coverage, as defined in 45 CFR 147.145, shall
362+10 remain subject to the standards and requirements for
363+11 individual health insurance coverage except where inconsistent
364+12 with that regulation. An issuer providing student health
365+13 insurance coverage or a policy or contract covering students
366+14 for limited-scope dental or vision under 45 CFR 148.220 shall
367+15 require an individual application or enrollment form and shall
368+16 furnish each insured individual a certificate, which shall
369+17 have been approved by the Director under Section 355.
370+18 (d) Under a policy or contract issued in the name of any
371+19 volunteer fire department, first aid, or other such volunteer
372+20 group, which shall be deemed the policyholder, covering all of
373+21 the members of such department or group.
374+22 (e) Under a policy or contract issued to a creditor, who
375+23 shall be deemed the policyholder, to insure debtors of the
376+24 creditors; Provided, however, that in the case of a loan which
377+25 is subject to the Small Loans Act, no insurance premium or
378+26 other cost shall be directly or indirectly charged or assessed
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389+1 against, or collected or received from the borrower.
390+2 (f) Under a policy or contract issued to a sports team or
391+3 to a camp, which team or camp sponsor shall be deemed the
392+4 policyholder, covering members or campers.
393+5 (g) Under a policy or contract issued to any other
394+6 substantially similar group which, in the discretion of the
395+7 Director, may be subject to the issuance of a blanket accident
396+8 and health policy or contract.
397+9 (2) Any insurance company authorized to write accident and
398+10 health insurance in this state shall have the power to issue
399+11 blanket accident and health insurance. No such blanket policy
400+12 may be issued or delivered in this State unless a copy of the
401+13 form thereof shall have been filed in accordance with Section
402+14 355, and it contains in substance such of those provisions
403+15 contained in Sections 357.1 through 357.30 as may be
404+16 applicable to blanket accident and health insurance and the
405+17 following provisions:
406+18 (a) A provision that the policy and the application shall
407+19 constitute the entire contract between the parties, and that
408+20 all statements made by the policyholder shall, in absence of
409+21 fraud, be deemed representations and not warranties, and that
410+22 no such statements shall be used in defense to a claim under
411+23 the policy, unless it is contained in a written application.
412+24 (b) A provision that to the group or class thereof
413+25 originally insured shall be added from time to time all new
414+26 persons or individuals eligible for coverage.
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425+1 (3) An individual application shall not be required from a
426+2 person covered under a blanket accident or health policy or
427+3 contract, nor shall it be necessary for the insurer to furnish
428+4 each person a certificate.
429+5 (4) All benefits under any blanket accident and health
430+6 policy shall be payable to the person insured, or to his
431+7 designated beneficiary or beneficiaries, or to his or her
432+8 estate, except that if the person insured be a minor or person
433+9 under legal disability, such benefits may be made payable to
434+10 his or her parent, guardian, or other person actually
435+11 supporting him or her. Provided further, however, that the
436+12 policy may provide that all or any portion of any indemnities
437+13 provided by any such policy on account of hospital, nursing,
438+14 medical or surgical services may, at the insurer's option, be
439+15 paid directly to the hospital or person rendering such
440+16 services; but the policy may not require that the service be
441+17 rendered by a particular hospital or person. Payment so made
442+18 shall discharge the insurer's obligation with respect to the
443+19 amount of insurance so paid.
444+20 (5) Nothing contained in this section shall be deemed to
445+21 affect the legal liability of policyholders for the death of
446+22 or injury to, any such member of such group.
447+23 (Source: P.A. 83-1362.)
448+24 (215 ILCS 5/368f)
449+25 Sec. 368f. Military service member insurance
450+
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459+ HB2499 Enrolled - 14 - LRB103 30875 AMQ 57395 b
460+1 reinstatement.
461+2 (a) No Illinois resident activated for military service
462+3 and no spouse or dependent of the resident who becomes
463+4 eligible for a federal government-sponsored health insurance
464+5 program, including the TriCare program providing coverage for
465+6 civilian dependents of military personnel, as a result of the
466+7 activation shall be denied reinstatement into the same
467+8 individual health insurance coverage with the health insurer
468+9 that the resident lapsed as a result of activation or becoming
469+10 covered by the federal government-sponsored health insurance
470+11 program. The resident shall have the right to reinstatement in
471+12 the same individual health insurance coverage without medical
472+13 underwriting, subject to payment of the current premium
473+14 charged to other persons of the same age and gender that are
474+15 covered under the same individual health coverage. Except in
475+16 the case of birth or adoption that occurs during the period of
476+17 activation, reinstatement must be into the same coverage type
477+18 as the resident held prior to lapsing the individual health
478+19 insurance coverage and at the same or, at the option of the
479+20 resident, higher deductible level. The reinstatement rights
480+21 provided under this subsection (a) are not available to a
481+22 resident or dependents if the activated person is discharged
482+23 from the military under other than honorable conditions.
483+24 (b) The health insurer with which the reinstatement is
484+25 being requested must receive a request for reinstatement no
485+26 later than 63 days following the later of (i) deactivation or
486+
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495+ HB2499 Enrolled - 15 - LRB103 30875 AMQ 57395 b
496+1 (ii) loss of coverage under the federal government-sponsored
497+2 health insurance program. The health insurer may request proof
498+3 of loss of coverage and the timing of the loss of coverage of
499+4 the government-sponsored coverage in order to determine
500+5 eligibility for reinstatement into the individual coverage.
501+6 The effective date of the reinstatement of individual health
502+7 coverage shall be the first of the month following receipt of
503+8 the notice requesting reinstatement.
504+9 (c) All insurers must provide written notice to the
505+10 policyholder of individual health coverage of the rights
506+11 described in subsection (a) of this Section. In lieu of the
507+12 inclusion of the notice in the individual health insurance
508+13 policy, an insurance company may satisfy the notification
509+14 requirement by providing a single written notice:
510+15 (1) in conjunction with the enrollment process for a
511+16 policyholder initially enrolling in the individual
512+17 coverage on or after the effective date of this amendatory
513+18 Act of the 94th General Assembly; or
514+19 (2) by mailing written notice to policyholders whose
515+20 coverage was effective prior to the effective date of this
516+21 amendatory Act of the 94th General Assembly no later than
517+22 90 days following the effective date of this amendatory
518+23 Act of the 94th General Assembly.
519+24 (d) The provisions of subsection (a) of this Section do
520+25 not apply to any policy or certificate providing coverage for
521+26 any specified disease, specified accident or accident-only
522+
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531+ HB2499 Enrolled - 16 - LRB103 30875 AMQ 57395 b
532+1 coverage, credit, dental, disability income, hospital
533+2 indemnity or other fixed indemnity, long-term care, Medicare
534+3 supplement, vision care, or short-term travel nonrenewable
535+4 health policy or other limited-benefit supplemental insurance,
536+5 or any coverage issued as a supplement to any liability
537+6 insurance, workers' compensation or similar insurance, or any
538+7 insurance under which benefits are payable with or without
539+8 regard to fault, whether written on a group, blanket, or
540+9 individual basis.
541+10 (e) Nothing in this Section shall require an insurer to
542+11 reinstate the resident if the insurer requires residency in an
543+12 enrollment area and those residency requirements are not met
544+13 after deactivation or loss of coverage under the
545+14 government-sponsored health insurance program.
546+15 (f) All terms, conditions, and limitations of the
547+16 individual coverage into which reinstatement is made apply
548+17 equally to all insureds enrolled in the coverage.
549+18 (g) The Secretary may adopt rules as may be necessary to
550+19 carry out the provisions of this Section.
551+20 (Source: P.A. 94-1037, eff. 7-20-06.)
552+21 Section 10. The Health Maintenance Organization Act is
553+22 amended by changing Section 5-3 as follows:
554+23 (215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)
555+24 Sec. 5-3. Insurance Code provisions.
556+
557+
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565+ HB2499 Enrolled - 17 - LRB103 30875 AMQ 57395 b
566+1 (a) Health Maintenance Organizations shall be subject to
567+2 the provisions of Sections 133, 134, 136, 137, 139, 140,
568+3 141.1, 141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153,
569+4 154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, 155.49,
570+5 352c, 355.2, 355.3, 355b, 355c, 356f, 356g.5-1, 356m, 356q,
571+6 356v, 356w, 356x, 356z.2, 356z.3a, 356z.4, 356z.4a, 356z.5,
572+7 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
573+8 356z.14, 356z.15, 356z.17, 356z.18, 356z.19, 356z.20, 356z.21,
574+9 356z.22, 356z.23, 356z.24, 356z.25, 356z.26, 356z.28, 356z.29,
575+10 356z.30, 356z.30a, 356z.31, 356z.32, 356z.33, 356z.34,
576+11 356z.35, 356z.36, 356z.37, 356z.38, 356z.39, 356z.40, 356z.41,
577+12 356z.44, 356z.45, 356z.46, 356z.47, 356z.48, 356z.49, 356z.50,
578+13 356z.51, 356z.53, 356z.54, 356z.55, 356z.56, 356z.57, 356z.58,
579+14 356z.59, 356z.60, 356z.61, 356z.62, 356z.64, 356z.65, 356z.67,
580+15 356z.68, 364, 364.01, 364.3, 367.2, 367.2-5, 367i, 368a, 368b,
581+16 368c, 368d, 368e, 370c, 370c.1, 401, 401.1, 402, 403, 403A,
582+17 408, 408.2, 409, 412, 444, and 444.1, paragraph (c) of
583+18 subsection (2) of Section 367, and Articles IIA, VIII 1/2,
584+19 XII, XII 1/2, XIII, XIII 1/2, XXV, XXVI, and XXXIIB of the
585+20 Illinois Insurance Code.
586+21 (b) For purposes of the Illinois Insurance Code, except
587+22 for Sections 444 and 444.1 and Articles XIII and XIII 1/2,
588+23 Health Maintenance Organizations in the following categories
589+24 are deemed to be "domestic companies":
590+25 (1) a corporation authorized under the Dental Service
591+26 Plan Act or the Voluntary Health Services Plans Act;
592+
593+
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601+ HB2499 Enrolled - 18 - LRB103 30875 AMQ 57395 b
602+1 (2) a corporation organized under the laws of this
603+2 State; or
604+3 (3) a corporation organized under the laws of another
605+4 state, 30% or more of the enrollees of which are residents
606+5 of this State, except a corporation subject to
607+6 substantially the same requirements in its state of
608+7 organization as is a "domestic company" under Article VIII
609+8 1/2 of the Illinois Insurance Code.
610+9 (c) In considering the merger, consolidation, or other
611+10 acquisition of control of a Health Maintenance Organization
612+11 pursuant to Article VIII 1/2 of the Illinois Insurance Code,
613+12 (1) the Director shall give primary consideration to
614+13 the continuation of benefits to enrollees and the
615+14 financial conditions of the acquired Health Maintenance
616+15 Organization after the merger, consolidation, or other
617+16 acquisition of control takes effect;
618+17 (2)(i) the criteria specified in subsection (1)(b) of
619+18 Section 131.8 of the Illinois Insurance Code shall not
620+19 apply and (ii) the Director, in making his determination
621+20 with respect to the merger, consolidation, or other
622+21 acquisition of control, need not take into account the
623+22 effect on competition of the merger, consolidation, or
624+23 other acquisition of control;
625+24 (3) the Director shall have the power to require the
626+25 following information:
627+26 (A) certification by an independent actuary of the
628+
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637+ HB2499 Enrolled - 19 - LRB103 30875 AMQ 57395 b
638+1 adequacy of the reserves of the Health Maintenance
639+2 Organization sought to be acquired;
640+3 (B) pro forma financial statements reflecting the
641+4 combined balance sheets of the acquiring company and
642+5 the Health Maintenance Organization sought to be
643+6 acquired as of the end of the preceding year and as of
644+7 a date 90 days prior to the acquisition, as well as pro
645+8 forma financial statements reflecting projected
646+9 combined operation for a period of 2 years;
647+10 (C) a pro forma business plan detailing an
648+11 acquiring party's plans with respect to the operation
649+12 of the Health Maintenance Organization sought to be
650+13 acquired for a period of not less than 3 years; and
651+14 (D) such other information as the Director shall
652+15 require.
653+16 (d) The provisions of Article VIII 1/2 of the Illinois
654+17 Insurance Code and this Section 5-3 shall apply to the sale by
655+18 any health maintenance organization of greater than 10% of its
656+19 enrollee population (including, without limitation, the health
657+20 maintenance organization's right, title, and interest in and
658+21 to its health care certificates).
659+22 (e) In considering any management contract or service
660+23 agreement subject to Section 141.1 of the Illinois Insurance
661+24 Code, the Director (i) shall, in addition to the criteria
662+25 specified in Section 141.2 of the Illinois Insurance Code,
663+26 take into account the effect of the management contract or
664+
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674+1 service agreement on the continuation of benefits to enrollees
675+2 and the financial condition of the health maintenance
676+3 organization to be managed or serviced, and (ii) need not take
677+4 into account the effect of the management contract or service
678+5 agreement on competition.
679+6 (f) Except for small employer groups as defined in the
680+7 Small Employer Rating, Renewability and Portability Health
681+8 Insurance Act and except for medicare supplement policies as
682+9 defined in Section 363 of the Illinois Insurance Code, a
683+10 Health Maintenance Organization may by contract agree with a
684+11 group or other enrollment unit to effect refunds or charge
685+12 additional premiums under the following terms and conditions:
686+13 (i) the amount of, and other terms and conditions with
687+14 respect to, the refund or additional premium are set forth
688+15 in the group or enrollment unit contract agreed in advance
689+16 of the period for which a refund is to be paid or
690+17 additional premium is to be charged (which period shall
691+18 not be less than one year); and
692+19 (ii) the amount of the refund or additional premium
693+20 shall not exceed 20% of the Health Maintenance
694+21 Organization's profitable or unprofitable experience with
695+22 respect to the group or other enrollment unit for the
696+23 period (and, for purposes of a refund or additional
697+24 premium, the profitable or unprofitable experience shall
698+25 be calculated taking into account a pro rata share of the
699+26 Health Maintenance Organization's administrative and
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709+ HB2499 Enrolled - 21 - LRB103 30875 AMQ 57395 b
710+1 marketing expenses, but shall not include any refund to be
711+2 made or additional premium to be paid pursuant to this
712+3 subsection (f)). The Health Maintenance Organization and
713+4 the group or enrollment unit may agree that the profitable
714+5 or unprofitable experience may be calculated taking into
715+6 account the refund period and the immediately preceding 2
716+7 plan years.
717+8 The Health Maintenance Organization shall include a
718+9 statement in the evidence of coverage issued to each enrollee
719+10 describing the possibility of a refund or additional premium,
720+11 and upon request of any group or enrollment unit, provide to
721+12 the group or enrollment unit a description of the method used
722+13 to calculate (1) the Health Maintenance Organization's
723+14 profitable experience with respect to the group or enrollment
724+15 unit and the resulting refund to the group or enrollment unit
725+16 or (2) the Health Maintenance Organization's unprofitable
726+17 experience with respect to the group or enrollment unit and
727+18 the resulting additional premium to be paid by the group or
728+19 enrollment unit.
729+20 In no event shall the Illinois Health Maintenance
730+21 Organization Guaranty Association be liable to pay any
731+22 contractual obligation of an insolvent organization to pay any
732+23 refund authorized under this Section.
733+24 (g) Rulemaking authority to implement Public Act 95-1045,
734+25 if any, is conditioned on the rules being adopted in
735+26 accordance with all provisions of the Illinois Administrative
736+
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745+ HB2499 Enrolled - 22 - LRB103 30875 AMQ 57395 b
746+1 Procedure Act and all rules and procedures of the Joint
747+2 Committee on Administrative Rules; any purported rule not so
748+3 adopted, for whatever reason, is unauthorized.
749+4 (Source: P.A. 102-30, eff. 1-1-22; 102-34, eff. 6-25-21;
750+5 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.
751+6 1-1-22; 102-589, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665,
752+7 eff. 10-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22;
753+8 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff.
754+9 1-1-23; 102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093,
755+10 eff. 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24;
756+11 103-91, eff. 1-1-24; 103-123, eff. 1-1-24; 103-154, eff.
757+12 6-30-23; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445,
758+13 eff. 1-1-24; 103-551, eff. 8-11-23; revised 8-29-23.)
759+14 Section 15. The Limited Health Service Organization Act is
760+15 amended by changing Section 4003 as follows:
761+16 (215 ILCS 130/4003) (from Ch. 73, par. 1504-3)
762+17 Sec. 4003. Illinois Insurance Code provisions. Limited
763+18 health service organizations shall be subject to the
764+19 provisions of Sections 133, 134, 136, 137, 139, 140, 141.1,
765+20 141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154,
766+21 154.5, 154.6, 154.7, 154.8, 155.04, 155.37, 155.49, 352c,
767+22 355.2, 355.3, 355b, 356q, 356v, 356z.4, 356z.4a, 356z.10,
768+23 356z.21, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30a,
769+24 356z.32, 356z.33, 356z.41, 356z.46, 356z.47, 356z.51, 356z.53,
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780+1 356z.54, 356z.57, 356z.59, 356z.61, 356z.64, 356z.67, 356z.68,
781+2 364.3, 368a, 401, 401.1, 402, 403, 403A, 408, 408.2, 409, 412,
782+3 444, and 444.1 and Articles IIA, VIII 1/2, XII, XII 1/2, XIII,
783+4 XIII 1/2, XXV, and XXVI of the Illinois Insurance Code.
784+5 Nothing in this Section shall require a limited health care
785+6 plan to cover any service that is not a limited health service.
786+7 For purposes of the Illinois Insurance Code, except for
787+8 Sections 444 and 444.1 and Articles XIII and XIII 1/2, limited
788+9 health service organizations in the following categories are
789+10 deemed to be domestic companies:
790+11 (1) a corporation under the laws of this State; or
791+12 (2) a corporation organized under the laws of another
792+13 state, 30% or more of the enrollees of which are residents
793+14 of this State, except a corporation subject to
794+15 substantially the same requirements in its state of
795+16 organization as is a domestic company under Article VIII
796+17 1/2 of the Illinois Insurance Code.
797+18 (Source: P.A. 102-30, eff. 1-1-22; 102-203, eff. 1-1-22;
798+19 102-306, eff. 1-1-22; 102-642, eff. 1-1-22; 102-731, eff.
799+20 1-1-23; 102-775, eff. 5-13-22; 102-813, eff. 5-13-22; 102-816,
800+21 eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23;
801+22 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff.
802+23 1-1-24; 103-420, eff. 1-1-24; 103-426, eff. 8-4-23; 103-445,
803+24 eff. 1-1-24; revised 8-29-23.)
804+25 (215 ILCS 190/Act rep.)
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814+ HB2499 Enrolled - 24 - LRB103 30875 AMQ 57395 b
815+1 Section 20. The Short-Term, Limited-Duration Health
816+2 Insurance Coverage Act is repealed.
817+3 Section 95. No acceleration or delay. Where this Act makes
818+4 changes in a statute that is represented in this Act by text
819+5 that is not yet or no longer in effect (for example, a Section
820+6 represented by multiple versions), the use of that text does
821+7 not accelerate or delay the taking effect of (i) the changes
822+8 made by this Act or (ii) provisions derived from any other
823+9 Public Act.
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