HB3202 EnrolledLRB103 28677 BMS 55058 b HB3202 Enrolled LRB103 28677 BMS 55058 b HB3202 Enrolled LRB103 28677 BMS 55058 b 1 AN ACT concerning regulation. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The State Employees Group Insurance Act of 1971 5 is amended by changing Section 6.11 as follows: 6 (5 ILCS 375/6.11) 7 (Text of Section before amendment by P.A. 102-768) 8 Sec. 6.11. Required health benefits; Illinois Insurance 9 Code requirements. The program of health benefits shall 10 provide the post-mastectomy care benefits required to be 11 covered by a policy of accident and health insurance under 12 Section 356t of the Illinois Insurance Code. The program of 13 health benefits shall provide the coverage required under 14 Sections 356g, 356g.5, 356g.5-1, 356m, 356q, 356u, 356w, 356x, 15 356z.2, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 16 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.22, 17 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33, 18 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.51, 19 356z.53, 356z.54, 356z.56, 356z.57, 356z.59, and 356z.60 of 20 the Illinois Insurance Code. The program of health benefits 21 must comply with Sections 155.22a, 155.37, 355b, 356z.19, 22 370c, and 370c.1 and Article XXXIIB of the Illinois Insurance 23 Code. The Department of Insurance shall enforce the HB3202 Enrolled LRB103 28677 BMS 55058 b HB3202 Enrolled- 2 -LRB103 28677 BMS 55058 b HB3202 Enrolled - 2 - LRB103 28677 BMS 55058 b HB3202 Enrolled - 2 - LRB103 28677 BMS 55058 b 1 requirements of this Section with respect to Sections 370c and 2 370c.1 of the Illinois Insurance Code; all other requirements 3 of this Section shall be enforced by the Department of Central 4 Management Services. 5 Rulemaking authority to implement Public Act 95-1045, if 6 any, is conditioned on the rules being adopted in accordance 7 with all provisions of the Illinois Administrative Procedure 8 Act and all rules and procedures of the Joint Committee on 9 Administrative Rules; any purported rule not so adopted, for 10 whatever reason, is unauthorized. 11 (Source: P.A. 101-13, eff. 6-12-19; 101-281, eff. 1-1-20; 12 101-393, eff. 1-1-20; 101-452, eff. 1-1-20; 101-461, eff. 13 1-1-20; 101-625, eff. 1-1-21; 102-30, eff. 1-1-22; 102-103, 14 eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 15 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. 16 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, 17 eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; 18 revised 12-13-22.) 19 (Text of Section after amendment by P.A. 102-768) 20 Sec. 6.11. Required health benefits; Illinois Insurance 21 Code requirements. The program of health benefits shall 22 provide the post-mastectomy care benefits required to be 23 covered by a policy of accident and health insurance under 24 Section 356t of the Illinois Insurance Code. The program of 25 health benefits shall provide the coverage required under HB3202 Enrolled - 2 - LRB103 28677 BMS 55058 b HB3202 Enrolled- 3 -LRB103 28677 BMS 55058 b HB3202 Enrolled - 3 - LRB103 28677 BMS 55058 b HB3202 Enrolled - 3 - LRB103 28677 BMS 55058 b 1 Sections 356g, 356g.5, 356g.5-1, 356m, 356q, 356u, 356w, 356x, 2 356z.2, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 3 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.22, 4 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33, 5 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.51, 6 356z.53, 356z.54, 356z.55, 356z.56, 356z.57, 356z.59, and 7 356z.60, and 356z.61 of the Illinois Insurance Code. The 8 program of health benefits must comply with Sections 155.22a, 9 155.37, 355b, 356z.19, 370c, and 370c.1 and Article XXXIIB of 10 the Illinois Insurance Code. The Department of Insurance shall 11 enforce the requirements of this Section with respect to 12 Sections 370c and 370c.1 of the Illinois Insurance Code; all 13 other requirements of this Section shall be enforced by the 14 Department of Central Management Services. 15 Rulemaking authority to implement Public Act 95-1045, if 16 any, is conditioned on the rules being adopted in accordance 17 with all provisions of the Illinois Administrative Procedure 18 Act and all rules and procedures of the Joint Committee on 19 Administrative Rules; any purported rule not so adopted, for 20 whatever reason, is unauthorized. 21 (Source: P.A. 101-13, eff. 6-12-19; 101-281, eff. 1-1-20; 22 101-393, eff. 1-1-20; 101-452, eff. 1-1-20; 101-461, eff. 23 1-1-20; 101-625, eff. 1-1-21; 102-30, eff. 1-1-22; 102-103, 24 eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 25 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. 26 1-1-23; 102-768, eff. 1-1-24; 102-804, eff. 1-1-23; 102-813, HB3202 Enrolled - 3 - LRB103 28677 BMS 55058 b HB3202 Enrolled- 4 -LRB103 28677 BMS 55058 b HB3202 Enrolled - 4 - LRB103 28677 BMS 55058 b HB3202 Enrolled - 4 - LRB103 28677 BMS 55058 b 1 eff. 5-13-22; 102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 2 102-1093, eff. 1-1-23; 102-1117, eff. 1-13-23.) 3 Section 10. The Counties Code is amended by changing 4 Section 5-1069.3 as follows: 5 (55 ILCS 5/5-1069.3) 6 Sec. 5-1069.3. Required health benefits. If a county, 7 including a home rule county, is a self-insurer for purposes 8 of providing health insurance coverage for its employees, the 9 coverage shall include coverage for the post-mastectomy care 10 benefits required to be covered by a policy of accident and 11 health insurance under Section 356t and the coverage required 12 under Sections 356g, 356g.5, 356g.5-1, 356q, 356u, 356w, 356x, 13 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 14 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 15 356z.29, 356z.30a, 356z.32, 356z.33, 356z.36, 356z.40, 16 356z.41, 356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53, 17 356z.54, 356z.56, 356z.57, 356z.59, and 356z.60, and 356z.61 18 of the Illinois Insurance Code. The coverage shall comply with 19 Sections 155.22a, 355b, 356z.19, and 370c of the Illinois 20 Insurance Code. The Department of Insurance shall enforce the 21 requirements of this Section. The requirement that health 22 benefits be covered as provided in this Section is an 23 exclusive power and function of the State and is a denial and 24 limitation under Article VII, Section 6, subsection (h) of the HB3202 Enrolled - 4 - LRB103 28677 BMS 55058 b HB3202 Enrolled- 5 -LRB103 28677 BMS 55058 b HB3202 Enrolled - 5 - LRB103 28677 BMS 55058 b HB3202 Enrolled - 5 - LRB103 28677 BMS 55058 b 1 Illinois Constitution. A home rule county to which this 2 Section applies must comply with every provision of this 3 Section. 4 Rulemaking authority to implement Public Act 95-1045, if 5 any, is conditioned on the rules being adopted in accordance 6 with all provisions of the Illinois Administrative Procedure 7 Act and all rules and procedures of the Joint Committee on 8 Administrative Rules; any purported rule not so adopted, for 9 whatever reason, is unauthorized. 10 (Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20; 11 101-393, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, eff. 12 1-1-21; 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203, 13 eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 1-1-22; 14 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. 15 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, 16 eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; 17 102-1117, eff. 1-13-23.) 18 Section 15. The Illinois Municipal Code is amended by 19 changing Section 10-4-2.3 as follows: 20 (65 ILCS 5/10-4-2.3) 21 Sec. 10-4-2.3. Required health benefits. If a 22 municipality, including a home rule municipality, is a 23 self-insurer for purposes of providing health insurance 24 coverage for its employees, the coverage shall include HB3202 Enrolled - 5 - LRB103 28677 BMS 55058 b HB3202 Enrolled- 6 -LRB103 28677 BMS 55058 b HB3202 Enrolled - 6 - LRB103 28677 BMS 55058 b HB3202 Enrolled - 6 - LRB103 28677 BMS 55058 b 1 coverage for the post-mastectomy care benefits required to be 2 covered by a policy of accident and health insurance under 3 Section 356t and the coverage required under Sections 356g, 4 356g.5, 356g.5-1, 356q, 356u, 356w, 356x, 356z.4, 356z.4a, 5 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 6 356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29, 7 356z.30a, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41, 8 356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53, 356z.54, 9 356z.56, 356z.57, 356z.59, and 356z.60, and 356z.61 of the 10 Illinois Insurance Code. The coverage shall comply with 11 Sections 155.22a, 355b, 356z.19, and 370c of the Illinois 12 Insurance Code. The Department of Insurance shall enforce the 13 requirements of this Section. The requirement that health 14 benefits be covered as provided in this is an exclusive power 15 and function of the State and is a denial and limitation under 16 Article VII, Section 6, subsection (h) of the Illinois 17 Constitution. A home rule municipality to which this Section 18 applies must comply with every provision of this Section. 19 Rulemaking authority to implement Public Act 95-1045, if 20 any, is conditioned on the rules being adopted in accordance 21 with all provisions of the Illinois Administrative Procedure 22 Act and all rules and procedures of the Joint Committee on 23 Administrative Rules; any purported rule not so adopted, for 24 whatever reason, is unauthorized. 25 (Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20; 26 101-393, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, eff. HB3202 Enrolled - 6 - LRB103 28677 BMS 55058 b HB3202 Enrolled- 7 -LRB103 28677 BMS 55058 b HB3202 Enrolled - 7 - LRB103 28677 BMS 55058 b HB3202 Enrolled - 7 - LRB103 28677 BMS 55058 b 1 1-1-21; 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203, 2 eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 1-1-22; 3 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. 4 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, 5 eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; 6 102-1117, eff. 1-13-23.) 7 Section 20. The School Code is amended by changing Section 8 10-22.3f as follows: 9 (105 ILCS 5/10-22.3f) 10 Sec. 10-22.3f. Required health benefits. Insurance 11 protection and benefits for employees shall provide the 12 post-mastectomy care benefits required to be covered by a 13 policy of accident and health insurance under Section 356t and 14 the coverage required under Sections 356g, 356g.5, 356g.5-1, 15 356q, 356u, 356w, 356x, 356z.4, 356z.4a, 356z.6, 356z.8, 16 356z.9, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 17 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33, 18 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.51, 19 356z.53, 356z.54, 356z.56, 356z.57, 356z.59, and 356z.60, and 20 356z.61 of the Illinois Insurance Code. Insurance policies 21 shall comply with Section 356z.19 of the Illinois Insurance 22 Code. The coverage shall comply with Sections 155.22a, 355b, 23 and 370c of the Illinois Insurance Code. The Department of 24 Insurance shall enforce the requirements of this Section. HB3202 Enrolled - 7 - LRB103 28677 BMS 55058 b HB3202 Enrolled- 8 -LRB103 28677 BMS 55058 b HB3202 Enrolled - 8 - LRB103 28677 BMS 55058 b HB3202 Enrolled - 8 - LRB103 28677 BMS 55058 b 1 Rulemaking authority to implement Public Act 95-1045, if 2 any, is conditioned on the rules being adopted in accordance 3 with all provisions of the Illinois Administrative Procedure 4 Act and all rules and procedures of the Joint Committee on 5 Administrative Rules; any purported rule not so adopted, for 6 whatever reason, is unauthorized. 7 (Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20; 8 101-393, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, eff. 9 1-1-21; 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203, 10 eff. 1-1-22; 102-306, eff. 1-1-22; 102-642, eff. 1-1-22; 11 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-804, eff. 12 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-860, 13 eff. 1-1-23; 102-1093, eff. 1-1-23; 102-1117, eff. 1-13-23.) 14 Section 25. The Illinois Insurance Code is amended by 15 adding Section 356z.61 as follows: 16 (215 ILCS 5/356z.61 new) 17 Sec. 356z.61. Home saliva cancer screening. 18 (a) As used in this Section, "home saliva cancer 19 screening" means an outpatient test that utilizes an 20 individual's saliva to detect biomarkers for early-stage 21 cancer. 22 (b) An individual or group policy of accident and health 23 insurance that is amended, delivered, issued, or renewed on or 24 after January 1, 2025 shall cover a medically necessary home HB3202 Enrolled - 8 - LRB103 28677 BMS 55058 b HB3202 Enrolled- 9 -LRB103 28677 BMS 55058 b HB3202 Enrolled - 9 - LRB103 28677 BMS 55058 b HB3202 Enrolled - 9 - LRB103 28677 BMS 55058 b 1 saliva cancer screening every 24 months if the patient: 2 (1) is asymptomatic and at high risk for the disease 3 being tested for; or 4 (2) demonstrates symptoms of the disease being tested 5 for at a physical exam. 6 Section 30. The Health Maintenance Organization Act is 7 amended by changing Section 5-3 as follows: 8 (215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2) 9 Sec. 5-3. Insurance Code provisions. 10 (a) Health Maintenance Organizations shall be subject to 11 the provisions of Sections 133, 134, 136, 137, 139, 140, 12 141.1, 141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 13 154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, 355.2, 14 355.3, 355b, 355c, 356g.5-1, 356m, 356q, 356v, 356w, 356x, 15 356y, 356z.2, 356z.3a, 356z.4, 356z.4a, 356z.5, 356z.6, 16 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 17 356z.15, 356z.17, 356z.18, 356z.19, 356z.21, 356z.22, 356z.25, 18 356z.26, 356z.29, 356z.30, 356z.30a, 356z.32, 356z.33, 19 356z.35, 356z.36, 356z.40, 356z.41, 356z.46, 356z.47, 356z.48, 20 356z.50, 356z.51, 356z.53 256z.53, 356z.54, 356z.56, 356z.57, 21 356z.59, 356z.60, 356z.61, 364, 364.01, 364.3, 367.2, 367.2-5, 22 367i, 368a, 368b, 368c, 368d, 368e, 370c, 370c.1, 401, 401.1, 23 402, 403, 403A, 408, 408.2, 409, 412, 444, and 444.1, 24 paragraph (c) of subsection (2) of Section 367, and Articles HB3202 Enrolled - 9 - LRB103 28677 BMS 55058 b HB3202 Enrolled- 10 -LRB103 28677 BMS 55058 b HB3202 Enrolled - 10 - LRB103 28677 BMS 55058 b HB3202 Enrolled - 10 - LRB103 28677 BMS 55058 b 1 IIA, VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV, XXVI, and 2 XXXIIB of the Illinois Insurance Code. 3 (b) For purposes of the Illinois Insurance Code, except 4 for Sections 444 and 444.1 and Articles XIII and XIII 1/2, 5 Health Maintenance Organizations in the following categories 6 are deemed to be "domestic companies": 7 (1) a corporation authorized under the Dental Service 8 Plan Act or the Voluntary Health Services Plans Act; 9 (2) a corporation organized under the laws of this 10 State; or 11 (3) a corporation organized under the laws of another 12 state, 30% or more of the enrollees of which are residents 13 of this State, except a corporation subject to 14 substantially the same requirements in its state of 15 organization as is a "domestic company" under Article VIII 16 1/2 of the Illinois Insurance Code. 17 (c) In considering the merger, consolidation, or other 18 acquisition of control of a Health Maintenance Organization 19 pursuant to Article VIII 1/2 of the Illinois Insurance Code, 20 (1) the Director shall give primary consideration to 21 the continuation of benefits to enrollees and the 22 financial conditions of the acquired Health Maintenance 23 Organization after the merger, consolidation, or other 24 acquisition of control takes effect; 25 (2)(i) the criteria specified in subsection (1)(b) of 26 Section 131.8 of the Illinois Insurance Code shall not HB3202 Enrolled - 10 - LRB103 28677 BMS 55058 b HB3202 Enrolled- 11 -LRB103 28677 BMS 55058 b HB3202 Enrolled - 11 - LRB103 28677 BMS 55058 b HB3202 Enrolled - 11 - LRB103 28677 BMS 55058 b 1 apply and (ii) the Director, in making his determination 2 with respect to the merger, consolidation, or other 3 acquisition of control, need not take into account the 4 effect on competition of the merger, consolidation, or 5 other acquisition of control; 6 (3) the Director shall have the power to require the 7 following information: 8 (A) certification by an independent actuary of the 9 adequacy of the reserves of the Health Maintenance 10 Organization sought to be acquired; 11 (B) pro forma financial statements reflecting the 12 combined balance sheets of the acquiring company and 13 the Health Maintenance Organization sought to be 14 acquired as of the end of the preceding year and as of 15 a date 90 days prior to the acquisition, as well as pro 16 forma financial statements reflecting projected 17 combined operation for a period of 2 years; 18 (C) a pro forma business plan detailing an 19 acquiring party's plans with respect to the operation 20 of the Health Maintenance Organization sought to be 21 acquired for a period of not less than 3 years; and 22 (D) such other information as the Director shall 23 require. 24 (d) The provisions of Article VIII 1/2 of the Illinois 25 Insurance Code and this Section 5-3 shall apply to the sale by 26 any health maintenance organization of greater than 10% of its HB3202 Enrolled - 11 - LRB103 28677 BMS 55058 b HB3202 Enrolled- 12 -LRB103 28677 BMS 55058 b HB3202 Enrolled - 12 - LRB103 28677 BMS 55058 b HB3202 Enrolled - 12 - LRB103 28677 BMS 55058 b 1 enrollee population (including without limitation the health 2 maintenance organization's right, title, and interest in and 3 to its health care certificates). 4 (e) In considering any management contract or service 5 agreement subject to Section 141.1 of the Illinois Insurance 6 Code, the Director (i) shall, in addition to the criteria 7 specified in Section 141.2 of the Illinois Insurance Code, 8 take into account the effect of the management contract or 9 service agreement on the continuation of benefits to enrollees 10 and the financial condition of the health maintenance 11 organization to be managed or serviced, and (ii) need not take 12 into account the effect of the management contract or service 13 agreement on competition. 14 (f) Except for small employer groups as defined in the 15 Small Employer Rating, Renewability and Portability Health 16 Insurance Act and except for medicare supplement policies as 17 defined in Section 363 of the Illinois Insurance Code, a 18 Health Maintenance Organization may by contract agree with a 19 group or other enrollment unit to effect refunds or charge 20 additional premiums under the following terms and conditions: 21 (i) the amount of, and other terms and conditions with 22 respect to, the refund or additional premium are set forth 23 in the group or enrollment unit contract agreed in advance 24 of the period for which a refund is to be paid or 25 additional premium is to be charged (which period shall 26 not be less than one year); and HB3202 Enrolled - 12 - LRB103 28677 BMS 55058 b HB3202 Enrolled- 13 -LRB103 28677 BMS 55058 b HB3202 Enrolled - 13 - LRB103 28677 BMS 55058 b HB3202 Enrolled - 13 - LRB103 28677 BMS 55058 b 1 (ii) the amount of the refund or additional premium 2 shall not exceed 20% of the Health Maintenance 3 Organization's profitable or unprofitable experience with 4 respect to the group or other enrollment unit for the 5 period (and, for purposes of a refund or additional 6 premium, the profitable or unprofitable experience shall 7 be calculated taking into account a pro rata share of the 8 Health Maintenance Organization's administrative and 9 marketing expenses, but shall not include any refund to be 10 made or additional premium to be paid pursuant to this 11 subsection (f)). The Health Maintenance Organization and 12 the group or enrollment unit may agree that the profitable 13 or unprofitable experience may be calculated taking into 14 account the refund period and the immediately preceding 2 15 plan years. 16 The Health Maintenance Organization shall include a 17 statement in the evidence of coverage issued to each enrollee 18 describing the possibility of a refund or additional premium, 19 and upon request of any group or enrollment unit, provide to 20 the group or enrollment unit a description of the method used 21 to calculate (1) the Health Maintenance Organization's 22 profitable experience with respect to the group or enrollment 23 unit and the resulting refund to the group or enrollment unit 24 or (2) the Health Maintenance Organization's unprofitable 25 experience with respect to the group or enrollment unit and 26 the resulting additional premium to be paid by the group or HB3202 Enrolled - 13 - LRB103 28677 BMS 55058 b HB3202 Enrolled- 14 -LRB103 28677 BMS 55058 b HB3202 Enrolled - 14 - LRB103 28677 BMS 55058 b HB3202 Enrolled - 14 - LRB103 28677 BMS 55058 b 1 enrollment unit. 2 In no event shall the Illinois Health Maintenance 3 Organization Guaranty Association be liable to pay any 4 contractual obligation of an insolvent organization to pay any 5 refund authorized under this Section. 6 (g) Rulemaking authority to implement Public Act 95-1045, 7 if any, is conditioned on the rules being adopted in 8 accordance with all provisions of the Illinois Administrative 9 Procedure Act and all rules and procedures of the Joint 10 Committee on Administrative Rules; any purported rule not so 11 adopted, for whatever reason, is unauthorized. 12 (Source: P.A. 101-13, eff. 6-12-19; 101-81, eff. 7-12-19; 13 101-281, eff. 1-1-20; 101-371, eff. 1-1-20; 101-393, eff. 14 1-1-20; 101-452, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, 15 eff. 1-1-21; 102-30, eff. 1-1-22; 102-34, eff. 6-25-21; 16 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 17 1-1-22; 102-589, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, 18 eff. 10-8-21; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22; 19 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 20 1-1-23; 102-860, eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093, 21 eff. 1-1-23; 102-1117, eff. 1-13-23; revised 1-22-23.) 22 Section 35. The Limited Health Service Organization Act is 23 amended by changing Section 4003 as follows: 24 (215 ILCS 130/4003) (from Ch. 73, par. 1504-3) HB3202 Enrolled - 14 - LRB103 28677 BMS 55058 b HB3202 Enrolled- 15 -LRB103 28677 BMS 55058 b HB3202 Enrolled - 15 - LRB103 28677 BMS 55058 b HB3202 Enrolled - 15 - LRB103 28677 BMS 55058 b 1 Sec. 4003. Illinois Insurance Code provisions. Limited 2 health service organizations shall be subject to the 3 provisions of Sections 133, 134, 136, 137, 139, 140, 141.1, 4 141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154, 5 154.5, 154.6, 154.7, 154.8, 155.04, 155.37, 355.2, 355.3, 6 355b, 356q, 356v, 356z.4, 356z.4a, 356z.10, 356z.21, 356z.22, 7 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33, 8 356z.41, 356z.46, 356z.47, 356z.51, 356z.53, 356z.54, 356z.57, 9 356z.59, 356z.61, 364.3, 368a, 401, 401.1, 402, 403, 403A, 10 408, 408.2, 409, 412, 444, and 444.1 and Articles IIA, VIII 11 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV, and XXVI of the 12 Illinois Insurance Code. Nothing in this Section shall require 13 a limited health care plan to cover any service that is not a 14 limited health service. For purposes of the Illinois Insurance 15 Code, except for Sections 444 and 444.1 and Articles XIII and 16 XIII 1/2, limited health service organizations in the 17 following categories are deemed to be domestic companies: 18 (1) a corporation under the laws of this State; or 19 (2) a corporation organized under the laws of another 20 state, 30% or more of the enrollees of which are residents 21 of this State, except a corporation subject to 22 substantially the same requirements in its state of 23 organization as is a domestic company under Article VIII 24 1/2 of the Illinois Insurance Code. 25 (Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20; 26 101-393, eff. 1-1-20; 101-625, eff. 1-1-21; 102-30, eff. HB3202 Enrolled - 15 - LRB103 28677 BMS 55058 b HB3202 Enrolled- 16 -LRB103 28677 BMS 55058 b HB3202 Enrolled - 16 - LRB103 28677 BMS 55058 b HB3202 Enrolled - 16 - LRB103 28677 BMS 55058 b 1 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-642, 2 eff. 1-1-22; 102-731, eff. 1-1-23; 102-775, eff. 5-13-22; 3 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-860, eff. 4 1-1-23; 102-1093, eff. 1-1-23; 102-1117, eff. 1-13-23.) 5 Section 40. The Voluntary Health Services Plans Act is 6 amended by changing Section 10 as follows: 7 (215 ILCS 165/10) (from Ch. 32, par. 604) 8 Sec. 10. Application of Insurance Code provisions. Health 9 services plan corporations and all persons interested therein 10 or dealing therewith shall be subject to the provisions of 11 Articles IIA and XII 1/2 and Sections 3.1, 133, 136, 139, 140, 12 143, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3, 355b, 13 356g, 356g.5, 356g.5-1, 356q, 356r, 356t, 356u, 356v, 356w, 14 356x, 356y, 356z.1, 356z.2, 356z.3a, 356z.4, 356z.4a, 356z.5, 15 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 16 356z.14, 356z.15, 356z.18, 356z.19, 356z.21, 356z.22, 356z.25, 17 356z.26, 356z.29, 356z.30, 356z.30a, 356z.32, 356z.33, 18 356z.40, 356z.41, 356z.46, 356z.47, 356z.51, 356z.53, 356z.54, 19 356z.56, 356z.57, 356z.59, 356z.60, 356z.61, 364.01, 364.3, 20 367.2, 368a, 401, 401.1, 402, 403, 403A, 408, 408.2, and 412, 21 and paragraphs (7) and (15) of Section 367 of the Illinois 22 Insurance Code. 23 Rulemaking authority to implement Public Act 95-1045, if 24 any, is conditioned on the rules being adopted in accordance HB3202 Enrolled - 16 - LRB103 28677 BMS 55058 b HB3202 Enrolled- 17 -LRB103 28677 BMS 55058 b HB3202 Enrolled - 17 - LRB103 28677 BMS 55058 b HB3202 Enrolled - 17 - LRB103 28677 BMS 55058 b 1 with all provisions of the Illinois Administrative Procedure 2 Act and all rules and procedures of the Joint Committee on 3 Administrative Rules; any purported rule not so adopted, for 4 whatever reason, is unauthorized. 5 (Source: P.A. 101-13, eff. 6-12-19; 101-81, eff. 7-12-19; 6 101-281, eff. 1-1-20; 101-393, eff. 1-1-20; 101-625, eff. 7 1-1-21; 102-30, eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, 8 eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 9 102-731, eff. 1-1-23; 102-775, eff. 5-13-22; 102-804, eff. 10 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-860, 11 eff. 1-1-23; 102-901, eff. 7-1-22; 102-1093, eff. 1-1-23; 12 102-1117, eff. 1-13-23.) 13 Section 95. No acceleration or delay. Where this Act makes 14 changes in a statute that is represented in this Act by text 15 that is not yet or no longer in effect (for example, a Section 16 represented by multiple versions), the use of that text does 17 not accelerate or delay the taking effect of (i) the changes 18 made by this Act or (ii) provisions derived from any other 19 Public Act. 20 Section 99. Effective date. This Act takes effect January 21 1, 2024. HB3202 Enrolled - 17 - LRB103 28677 BMS 55058 b