Bill Text: IL HB0317 | 2021-2022 | 102nd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Insurance Code to provide that an air ambulance service or other entity that directly or indirectly, whether through an affiliated entity, agreement with a third-party entity, or otherwise, solicits air ambulance membership subscriptions, accepts membership applications, or charges membership fees, is an insurer. Provides that air ambulance memberships shall be considered insurance and an insurance product and may be considered a supplement to any insurance coverage and shall be regulated accordingly by the Department of Insurance. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2023-01-01 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [HB0317 Detail]

Download: Illinois-2021-HB0317-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB0317 Introduced , by Rep. Thaddeus Jones SYNOPSIS AS INTRODUCED:
215 ILCS 5/352 from Ch. 73, par. 964
Amends the Illinois Insurance Code to provide that an air ambulance service or other entity that directly or indirectly, whether through an affiliated entity, agreement with a third-party entity, or otherwise, solicits air ambulance membership subscriptions, accepts membership applications, or charges membership fees, is an insurer. Provides that air ambulance memberships shall be considered insurance and an insurance product and may be considered a supplement to any insurance coverage and shall be regulated accordingly by the Department of Insurance. Effective immediately.
LRB102 09996 BMS 15314 b
A BILL FOR
HB0317 LRB102 09996 BMS 15314 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Insurance Code is amended by
changing Section 352 as follows:
(215 ILCS 5/352) (from Ch. 73, par. 964)
Sec. 352. Scope of Article.
(a) Except as provided in subsections (b), (c), (d), and
(e), this Article shall apply to all companies transacting in
this State the kinds of business enumerated in clause (b) of
Class 1 and clause (a) of Class 2 of Section 4. Nothing in this
Article shall apply to, or in any way affect policies or
contracts described in clause (a) of Class 1 of Section 4;
however, this Article shall apply to policies and contracts
which contain benefits providing reimbursement for the
expenses of long term health care which are certified or
ordered by a physician including but not limited to
professional nursing care, custodial nursing care, and
non-nursing custodial care provided in a nursing home or at a
residence of the insured.
(a-5) An air ambulance service or other entity that
directly or indirectly, whether through an affiliated entity,
agreement with a third-party entity, or otherwise, solicits

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air ambulance membership subscriptions, accepts membership
applications, or charges membership fees, is an insurer. An
air ambulance membership shall be considered insurance and an
insurance product and may be considered secondary insurance
coverage or a supplement to any insurance coverage and shall
be regulated accordingly by the Department of Insurance.
(b) (Blank).
(c) A policy issued and delivered in this State that
provides coverage under that policy for certificate holders
who are neither residents of nor employed in this State does
not need to provide to those nonresident certificate holders
who are not employed in this State the coverages or services
mandated by this Article.
(d) Stop-loss insurance is exempt from all Sections of
this Article, except this Section and Sections 353a, 354,
357.30, and 370. For purposes of this exemption, stop-loss
insurance is further defined as follows:
(1) The policy must be issued to and insure an
employer, trustee, or other sponsor of the plan, or the
plan itself, but not employees, members, or participants.
(2) Payments by the insurer must be made to the
employer, trustee, or other sponsors of the plan, or the
plan itself, but not to the employees, members,
participants, or health care providers.
(e) A policy issued or delivered in this State to the
Department of Healthcare and Family Services (formerly

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Illinois Department of Public Aid) and providing coverage,
under clause (b) of Class 1 or clause (a) of Class 2 as
described in Section 4, to persons who are enrolled under
Article V of the Illinois Public Aid Code or under the
Children's Health Insurance Program Act is exempt from all
restrictions, limitations, standards, rules, or regulations
respecting benefits imposed by or under authority of this
Code, except those specified by subsection (1) of Section 143,
Section 370c, and Section 370c.1. Nothing in this subsection,
however, affects the total medical services available to
persons eligible for medical assistance under the Illinois
Public Aid Code.
(f) An in-office membership care agreement provided under
the In-Office Membership Care Act is not insurance for the
purposes of this Code.
(Source: P.A. 101-190, eff. 8-2-19.)
Section 99. Effective date. This Act takes effect upon
becoming law.