Old | New | Differences | |
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1 | - | Public Act 103-0649 | |
2 | 1 | HB2499 EnrolledLRB103 30875 AMQ 57395 b HB2499 Enrolled LRB103 30875 AMQ 57395 b | |
3 | 2 | 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 | |
26 | 25 | ||
27 | 26 | ||
28 | 27 | ||
29 | 28 | HB2499 Enrolled LRB103 30875 AMQ 57395 b | |
30 | 29 | ||
31 | 30 | ||
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 | |
57 | 58 | ||
58 | 59 | ||
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 | |
85 | 60 | ||
86 | 61 | ||
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 | |
62 | + | ||
63 | + | HB2499 Enrolled - 2 - LRB103 30875 AMQ 57395 b | |
113 | 64 | ||
114 | 65 | ||
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 | |
140 | 94 | ||
141 | 95 | ||
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 | |
168 | 96 | ||
169 | 97 | ||
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 | |
98 | + | ||
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196 | 100 | ||
197 | 101 | ||
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 | |
223 | 130 | ||
224 | 131 | ||
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; | |
251 | 132 | ||
252 | 133 | ||
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. | |
134 | + | ||
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278 | 136 | ||
279 | 137 | ||
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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139 | + | HB2499 Enrolled - 5 - LRB103 30875 AMQ 57395 b | |
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, | |
306 | 165 | ||
307 | 166 | ||
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. | |
334 | 167 | ||
335 | 168 | ||
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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361 | 171 | ||
362 | 172 | ||
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 | |
389 | 201 | ||
390 | 202 | ||
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 | |
417 | 203 | ||
418 | 204 | ||
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. | |
205 | + | ||
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443 | 207 | ||
444 | 208 | ||
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 | |
471 | 237 | ||
472 | 238 | ||
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 | |
499 | 239 | ||
500 | 240 | ||
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 | |
241 | + | ||
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527 | 243 | ||
528 | 244 | ||
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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246 | + | HB2499 Enrolled - 8 - LRB103 30875 AMQ 57395 b | |
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 | |
555 | 272 | ||
556 | 273 | ||
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 | |
583 | 274 | ||
584 | 275 | ||
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, | |
276 | + | ||
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609 | 278 | ||
610 | 279 | ||
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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281 | + | HB2499 Enrolled - 9 - LRB103 30875 AMQ 57395 b | |
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; | |
636 | 308 | ||
637 | 309 | ||
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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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 | + | ||
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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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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 | + | ||
629 | + | ||
630 | + | ||
631 | + | ||
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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 | + | ||
665 | + | ||
666 | + | ||
667 | + | ||
668 | + | ||
669 | + | HB2499 Enrolled - 19 - LRB103 30875 AMQ 57395 b | |
670 | + | ||
671 | + | ||
672 | + | HB2499 Enrolled- 20 -LRB103 30875 AMQ 57395 b HB2499 Enrolled - 20 - LRB103 30875 AMQ 57395 b | |
673 | + | HB2499 Enrolled - 20 - LRB103 30875 AMQ 57395 b | |
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 | |
700 | + | ||
701 | + | ||
702 | + | ||
703 | + | ||
704 | + | ||
705 | + | HB2499 Enrolled - 20 - LRB103 30875 AMQ 57395 b | |
706 | + | ||
707 | + | ||
708 | + | HB2499 Enrolled- 21 -LRB103 30875 AMQ 57395 b HB2499 Enrolled - 21 - LRB103 30875 AMQ 57395 b | |
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 | + | ||
737 | + | ||
738 | + | ||
739 | + | ||
740 | + | ||
741 | + | HB2499 Enrolled - 21 - LRB103 30875 AMQ 57395 b | |
742 | + | ||
743 | + | ||
744 | + | HB2499 Enrolled- 22 -LRB103 30875 AMQ 57395 b HB2499 Enrolled - 22 - LRB103 30875 AMQ 57395 b | |
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, | |
770 | + | ||
771 | + | ||
772 | + | ||
773 | + | ||
774 | + | ||
775 | + | HB2499 Enrolled - 22 - LRB103 30875 AMQ 57395 b | |
776 | + | ||
777 | + | ||
778 | + | HB2499 Enrolled- 23 -LRB103 30875 AMQ 57395 b HB2499 Enrolled - 23 - LRB103 30875 AMQ 57395 b | |
779 | + | HB2499 Enrolled - 23 - LRB103 30875 AMQ 57395 b | |
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.) | |
805 | + | ||
806 | + | ||
807 | + | ||
808 | + | ||
809 | + | ||
810 | + | HB2499 Enrolled - 23 - LRB103 30875 AMQ 57395 b | |
811 | + | ||
812 | + | ||
813 | + | HB2499 Enrolled- 24 -LRB103 30875 AMQ 57395 b HB2499 Enrolled - 24 - LRB103 30875 AMQ 57395 b | |
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. | |
824 | + | ||
825 | + | ||
826 | + | ||
827 | + | ||
828 | + | ||
829 | + | HB2499 Enrolled - 24 - LRB103 30875 AMQ 57395 b |