|
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1611 Introduced 2/15/2011, by Rep. Karen May SYNOPSIS AS INTRODUCED:
|
|
5 ILCS 375/6.11 |
| 55 ILCS 5/5-1069.3 |
| 65 ILCS 5/10-4-2.3 |
| 105 ILCS 5/10-22.3f |
| 215 ILCS 5/355b new | |
215 ILCS 125/5-3 | from Ch. 111 1/2, par. 1411.2 |
215 ILCS 165/10 | from Ch. 32, par. 604 |
|
Amends the State Employees Group Insurance Act of 1971, Counties Code,
Illinois Municipal Code, School Code, Illinois Insurance Code, Health Maintenance Organization Act, and Voluntary Health Services Plans Act to provide that if an accident and health insurance policy is to be in effect during more than one calendar year, then all deductibles and annual maximum out-of-pocket payment limits under the policy shall be applicable to the term of the policy and shall not be applicable to each calendar year in which the policy is in effect. Effective immediately.
| |
| | |
| | | FISCAL NOTE ACT MAY APPLY | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
| | A BILL FOR |
|
|
| | HB1611 | | LRB097 08215 RPM 48340 b |
|
|
| 1 | | AN ACT concerning insurance.
|
| 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 | | Sec. 6.11. Required health benefits; Illinois Insurance |
| 8 | | Code
requirements. The program of health
benefits shall provide |
| 9 | | the post-mastectomy care benefits required to be covered
by a |
| 10 | | policy of accident and health insurance under Section 356t of |
| 11 | | the Illinois
Insurance Code. The program of health benefits |
| 12 | | shall provide the coverage
required under Sections 356g, |
| 13 | | 356g.5, 356g.5-1, 356m,
356u, 356w, 356x, 356z.2, 356z.4, |
| 14 | | 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, |
| 15 | | 356z.14, 356z.15, and 356z.17 of the
Illinois Insurance Code.
|
| 16 | | The program of health benefits must comply with Sections |
| 17 | | Section 155.37 and 355b of the
Illinois Insurance Code.
|
| 18 | | Rulemaking authority to implement Public Act 95-1045, if |
| 19 | | any, is conditioned on the rules being adopted in accordance |
| 20 | | with all provisions of the Illinois Administrative Procedure |
| 21 | | Act and all rules and procedures of the Joint Committee on |
| 22 | | Administrative Rules; any purported rule not so adopted, for |
| 23 | | whatever reason, is unauthorized. |
|
| | HB1611 | - 2 - | LRB097 08215 RPM 48340 b |
|
|
|
| 1 | | (Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07; |
| 2 | | 95-520, eff. 8-28-07; 95-876, eff. 8-21-08; 95-958, eff. |
| 3 | | 6-1-09; 95-978, eff. 1-1-09; 95-1005, eff. 12-12-08; 95-1044, |
| 4 | | eff. 3-26-09; 95-1045, eff. 3-27-09; 95-1049, eff. 1-1-10; |
| 5 | | 96-139, eff. 1-1-10; 96-328, eff. 8-11-09; 96-639, eff. 1-1-10; |
| 6 | | 96-1000, eff. 7-2-10.)
|
| 7 | | Section 10. The Counties Code is amended by changing |
| 8 | | Section 5-1069.3 as follows:
|
| 9 | | (55 ILCS 5/5-1069.3)
|
| 10 | | Sec. 5-1069.3. Required health benefits. If a county, |
| 11 | | including a home
rule
county, is a self-insurer for purposes of |
| 12 | | providing health insurance coverage
for its employees, the |
| 13 | | coverage shall include coverage for the post-mastectomy
care |
| 14 | | benefits required to be covered by a policy of accident and |
| 15 | | health
insurance under Section 356t and the coverage required |
| 16 | | under Sections 356g, 356g.5, 356g.5-1, 356u,
356w, 356x, |
| 17 | | 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, |
| 18 | | 356z.14, and 356z.15 of
the Illinois Insurance Code. The |
| 19 | | coverage shall comply with Section 355b of
the Illinois |
| 20 | | Insurance Code. The requirement that health benefits be covered
|
| 21 | | as provided in this Section is an
exclusive power and function |
| 22 | | of the State and is a denial and limitation under
Article VII, |
| 23 | | Section 6, subsection (h) of the Illinois Constitution. A home
|
| 24 | | rule county to which this Section applies must comply with |
|
| | HB1611 | - 3 - | LRB097 08215 RPM 48340 b |
|
|
|
| 1 | | every provision of
this Section.
|
| 2 | | Rulemaking authority to implement Public Act 95-1045, if |
| 3 | | any, is conditioned on the rules being adopted in accordance |
| 4 | | with all provisions of the Illinois Administrative Procedure |
| 5 | | Act and all rules and procedures of the Joint Committee on |
| 6 | | Administrative Rules; any purported rule not so adopted, for |
| 7 | | whatever reason, is unauthorized. |
| 8 | | (Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07; |
| 9 | | 95-520, eff. 8-28-07; 95-876, eff. 8-21-08; 95-958, eff. |
| 10 | | 6-1-09; 95-978, eff. 1-1-09; 95-1005, eff. 12-12-08; 95-1045, |
| 11 | | eff. 3-27-09; 95-1049, eff. 1-1-10; 96-139, eff. 1-1-10; |
| 12 | | 96-328, eff. 8-11-09; 96-1000, eff. 7-2-10.)
|
| 13 | | Section 15. The Illinois Municipal Code is amended by |
| 14 | | changing Section 10-4-2.3 as follows:
|
| 15 | | (65 ILCS 5/10-4-2.3)
|
| 16 | | Sec. 10-4-2.3. Required health benefits. If a |
| 17 | | municipality, including a
home rule municipality, is a |
| 18 | | self-insurer for purposes of providing health
insurance |
| 19 | | coverage for its employees, the coverage shall include coverage |
| 20 | | for
the post-mastectomy care benefits required to be covered by |
| 21 | | a policy of
accident and health insurance under Section 356t |
| 22 | | and the coverage required
under Sections 356g, 356g.5, |
| 23 | | 356g.5-1, 356u, 356w, 356x, 356z.6, 356z.8, 356z.9, 356z.10, |
| 24 | | 356z.11, 356z.12, 356z.13, 356z.14, and 356z.15 of the Illinois
|
|
| | HB1611 | - 4 - | LRB097 08215 RPM 48340 b |
|
|
|
| 1 | | Insurance
Code. The coverage shall comply with Section 355b of
|
| 2 | | the Illinois Insurance Code. The requirement that health
|
| 3 | | benefits be covered as provided in this is an exclusive power |
| 4 | | and function of
the State and is a denial and limitation under |
| 5 | | Article VII, Section 6,
subsection (h) of the Illinois |
| 6 | | Constitution. A home rule municipality to which
this Section |
| 7 | | applies must comply with every provision of this Section.
|
| 8 | | Rulemaking authority to implement Public Act 95-1045, if |
| 9 | | any, is conditioned on the rules being adopted in accordance |
| 10 | | with all provisions of the Illinois Administrative Procedure |
| 11 | | Act and all rules and procedures of the Joint Committee on |
| 12 | | Administrative Rules; any purported rule not so adopted, for |
| 13 | | whatever reason, is unauthorized. |
| 14 | | (Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07; |
| 15 | | 95-520, eff. 8-28-07; 95-876, eff. 8-21-08; 95-958, eff. |
| 16 | | 6-1-09; 95-978, eff. 1-1-09; 95-1005, eff. 12-12-08; 95-1045, |
| 17 | | eff. 3-27-09; 95-1049, eff. 1-1-10; 96-139, eff. 1-1-10; |
| 18 | | 96-328, eff. 8-11-09; 96-1000, eff. 7-2-10.)
|
| 19 | | Section 20. The School Code is amended by changing Section |
| 20 | | 10-22.3f as follows:
|
| 21 | | (105 ILCS 5/10-22.3f)
|
| 22 | | Sec. 10-22.3f. Required health benefits. Insurance |
| 23 | | protection and
benefits
for employees shall provide the |
| 24 | | post-mastectomy care benefits required to be
covered by a |
|
| | HB1611 | - 5 - | LRB097 08215 RPM 48340 b |
|
|
|
| 1 | | policy of accident and health insurance under Section 356t and |
| 2 | | the
coverage required under Sections 356g, 356g.5, 356g.5-1, |
| 3 | | 356u, 356w, 356x,
356z.6, 356z.8, 356z.9, 356z.11, 356z.12, |
| 4 | | 356z.13, 356z.14, and 356z.15 of
the
Illinois Insurance Code. |
| 5 | | The coverage shall comply with Section 355b of
the Illinois |
| 6 | | Insurance Code.
|
| 7 | | Rulemaking authority to implement Public Act 95-1045, if |
| 8 | | any, is conditioned on the rules being adopted in accordance |
| 9 | | with all provisions of the Illinois Administrative Procedure |
| 10 | | Act and all rules and procedures of the Joint Committee on |
| 11 | | Administrative Rules; any purported rule not so adopted, for |
| 12 | | whatever reason, is unauthorized. |
| 13 | | (Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07; |
| 14 | | 95-876, eff. 8-21-08; 95-958, eff. 6-1-09; 95-978, eff. 1-1-09; |
| 15 | | 95-1005, 12-12-08; 95-1045, eff. 3-27-09; 95-1049, eff. |
| 16 | | 1-1-10; 96-139, eff. 1-1-10; 96-328, eff. 8-11-09; 96-1000, |
| 17 | | eff. 7-2-10.)
|
| 18 | | Section 25. The Illinois Insurance Code is amended by |
| 19 | | adding Section 355b as follows:
|
| 20 | | (215 ILCS 5/355b new) |
| 21 | | Sec. 355b. Annual payment limits. If a group or individual |
| 22 | | accident and health insurance policy amended, delivered, |
| 23 | | issued, or renewed after the effective date of this amendatory |
| 24 | | Act of the 97th General Assembly is to be in effect during more |
|
| | HB1611 | - 6 - | LRB097 08215 RPM 48340 b |
|
|
|
| 1 | | than one calendar year, then all deductibles and annual maximum |
| 2 | | out-of-pocket payment limits under the policy shall be |
| 3 | | applicable to the term of the policy and shall not be |
| 4 | | applicable to each calendar year in which the policy is in |
| 5 | | effect.
|
| 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, 137, 140, 141.1,
141.2, |
| 12 | | 141.3, 143, 143c, 147, 148, 149, 151,
152, 153, 154, 154.5, |
| 13 | | 154.6,
154.7, 154.8, 155.04, 355.2, 355b, 356g.5-1, 356m, 356v, |
| 14 | | 356w, 356x, 356y,
356z.2, 356z.4, 356z.5, 356z.6, 356z.8, |
| 15 | | 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, |
| 16 | | 356z.17, 356z.18, 364.01, 367.2, 367.2-5, 367i, 368a, 368b, |
| 17 | | 368c, 368d, 368e, 370c,
401, 401.1, 402, 403, 403A,
408, 408.2, |
| 18 | | 409, 412, 444,
and
444.1,
paragraph (c) of subsection (2) of |
| 19 | | Section 367, and Articles IIA, VIII 1/2,
XII,
XII 1/2, XIII, |
| 20 | | XIII 1/2, XXV, and XXVI of the Illinois Insurance Code.
|
| 21 | | (b) For purposes of the Illinois Insurance Code, except for |
| 22 | | Sections 444
and 444.1 and Articles XIII and XIII 1/2, Health |
| 23 | | Maintenance Organizations in
the following categories are |
| 24 | | deemed to be "domestic companies":
|
|
| | HB1611 | - 7 - | LRB097 08215 RPM 48340 b |
|
|
|
| 1 | | (1) a corporation authorized under the
Dental Service |
| 2 | | Plan Act or the Voluntary Health Services Plans Act;
|
| 3 | | (2) a corporation organized under the laws of this |
| 4 | | State; or
|
| 5 | | (3) a corporation organized under the laws of another |
| 6 | | state, 30% or more
of the enrollees of which are residents |
| 7 | | of this State, except a
corporation subject to |
| 8 | | substantially the same requirements in its state of
|
| 9 | | organization as is a "domestic company" under Article VIII |
| 10 | | 1/2 of the
Illinois Insurance Code.
|
| 11 | | (c) In considering the merger, consolidation, or other |
| 12 | | acquisition of
control of a Health Maintenance Organization |
| 13 | | pursuant to Article VIII 1/2
of the Illinois Insurance Code,
|
| 14 | | (1) the Director shall give primary consideration to |
| 15 | | the continuation of
benefits to enrollees and the financial |
| 16 | | conditions of the acquired Health
Maintenance Organization |
| 17 | | after the merger, consolidation, or other
acquisition of |
| 18 | | control takes effect;
|
| 19 | | (2)(i) the criteria specified in subsection (1)(b) of |
| 20 | | Section 131.8 of
the Illinois Insurance Code shall not |
| 21 | | apply and (ii) the Director, in making
his determination |
| 22 | | with respect to the merger, consolidation, or other
|
| 23 | | acquisition of control, need not take into account the |
| 24 | | effect on
competition of the merger, consolidation, or |
| 25 | | other acquisition of control;
|
| 26 | | (3) the Director shall have the power to require the |
|
| | HB1611 | - 8 - | LRB097 08215 RPM 48340 b |
|
|
|
| 1 | | following
information:
|
| 2 | | (A) certification by an independent actuary of the |
| 3 | | adequacy
of the reserves of the Health Maintenance |
| 4 | | Organization sought to be acquired;
|
| 5 | | (B) pro forma financial statements reflecting the |
| 6 | | combined balance
sheets of the acquiring company and |
| 7 | | the Health Maintenance Organization sought
to be |
| 8 | | acquired as of the end of the preceding year and as of |
| 9 | | a date 90 days
prior to the acquisition, as well as pro |
| 10 | | forma financial statements
reflecting projected |
| 11 | | combined operation for a period of 2 years;
|
| 12 | | (C) a pro forma business plan detailing an |
| 13 | | acquiring party's plans with
respect to the operation |
| 14 | | of the Health Maintenance Organization sought to
be |
| 15 | | acquired for a period of not less than 3 years; and
|
| 16 | | (D) such other information as the Director shall |
| 17 | | require.
|
| 18 | | (d) The provisions of Article VIII 1/2 of the Illinois |
| 19 | | Insurance Code
and this Section 5-3 shall apply to the sale by |
| 20 | | any health maintenance
organization of greater than 10% of its
|
| 21 | | enrollee population (including without limitation the health |
| 22 | | maintenance
organization's right, title, and interest in and to |
| 23 | | its health care
certificates).
|
| 24 | | (e) In considering any management contract or service |
| 25 | | agreement subject
to Section 141.1 of the Illinois Insurance |
| 26 | | Code, the Director (i) shall, in
addition to the criteria |
|
| | HB1611 | - 9 - | LRB097 08215 RPM 48340 b |
|
|
|
| 1 | | specified in Section 141.2 of the Illinois
Insurance Code, take |
| 2 | | into account the effect of the management contract or
service |
| 3 | | agreement on the continuation of benefits to enrollees and the
|
| 4 | | financial condition of the health maintenance organization to |
| 5 | | be managed or
serviced, and (ii) need not take into account the |
| 6 | | effect of the management
contract or service agreement on |
| 7 | | competition.
|
| 8 | | (f) Except for small employer groups as defined in the |
| 9 | | Small Employer
Rating, Renewability and Portability Health |
| 10 | | Insurance Act and except for
medicare supplement policies as |
| 11 | | defined in Section 363 of the Illinois
Insurance Code, a Health |
| 12 | | Maintenance Organization may by contract agree with a
group or |
| 13 | | other enrollment unit to effect refunds or charge additional |
| 14 | | premiums
under the following terms and conditions:
|
| 15 | | (i) the amount of, and other terms and conditions with |
| 16 | | respect to, the
refund or additional premium are set forth |
| 17 | | in the group or enrollment unit
contract agreed in advance |
| 18 | | of the period for which a refund is to be paid or
|
| 19 | | additional premium is to be charged (which period shall not |
| 20 | | be less than one
year); and
|
| 21 | | (ii) the amount of the refund or additional premium |
| 22 | | shall not exceed 20%
of the Health Maintenance |
| 23 | | Organization's profitable or unprofitable experience
with |
| 24 | | respect to the group or other enrollment unit for the |
| 25 | | period (and, for
purposes of a refund or additional |
| 26 | | premium, the profitable or unprofitable
experience shall |
|
| | HB1611 | - 10 - | LRB097 08215 RPM 48340 b |
|
|
|
| 1 | | be calculated taking into account a pro rata share of the
|
| 2 | | Health Maintenance Organization's administrative and |
| 3 | | marketing expenses, but
shall not include any refund to be |
| 4 | | made or additional premium to be paid
pursuant to this |
| 5 | | subsection (f)). The Health Maintenance Organization and |
| 6 | | the
group or enrollment unit may agree that the profitable |
| 7 | | or unprofitable
experience may be calculated taking into |
| 8 | | account the refund period and the
immediately preceding 2 |
| 9 | | plan years.
|
| 10 | | The Health Maintenance Organization shall include a |
| 11 | | statement in the
evidence of coverage issued to each enrollee |
| 12 | | describing the possibility of a
refund or additional premium, |
| 13 | | and upon request of any group or enrollment unit,
provide to |
| 14 | | the group or enrollment unit a description of the method used |
| 15 | | to
calculate (1) the Health Maintenance Organization's |
| 16 | | profitable experience with
respect to the group or enrollment |
| 17 | | unit and the resulting refund to the group
or enrollment unit |
| 18 | | or (2) the Health Maintenance Organization's unprofitable
|
| 19 | | experience with respect to the group or enrollment unit and the |
| 20 | | resulting
additional premium to be paid by the group or |
| 21 | | enrollment unit.
|
| 22 | | In no event shall the Illinois Health Maintenance |
| 23 | | Organization
Guaranty Association be liable to pay any |
| 24 | | contractual obligation of an
insolvent organization to pay any |
| 25 | | refund authorized under this Section.
|
| 26 | | (g) Rulemaking authority to implement Public Act 95-1045, |
|
| | HB1611 | - 11 - | LRB097 08215 RPM 48340 b |
|
|
|
| 1 | | if any, is conditioned on the rules being adopted in accordance |
| 2 | | with all provisions of the Illinois Administrative Procedure |
| 3 | | Act and all rules and procedures of the Joint Committee on |
| 4 | | Administrative Rules; any purported rule not so adopted, for |
| 5 | | whatever reason, is unauthorized. |
| 6 | | (Source: P.A. 95-422, eff. 8-24-07; 95-520, eff. 8-28-07; |
| 7 | | 95-876, eff. 8-21-08; 95-958, eff. 6-1-09; 95-978, eff. 1-1-09; |
| 8 | | 95-1005, eff. 12-12-08; 95-1045, eff. 3-27-09; 95-1049, eff. |
| 9 | | 1-1-10; 96-328, eff. 8-11-09; 96-639, eff. 1-1-10; 96-833, eff. |
| 10 | | 6-1-10; 96-1000, eff. 7-2-10.)
|
| 11 | | Section 35. The Voluntary Health Services Plans Act is |
| 12 | | amended by changing Section 10 as follows:
|
| 13 | | (215 ILCS 165/10) (from Ch. 32, par. 604)
|
| 14 | | Sec. 10. Application of Insurance Code provisions. Health |
| 15 | | services
plan corporations and all persons interested therein |
| 16 | | or dealing therewith
shall be subject to the provisions of |
| 17 | | Articles IIA and XII 1/2 and Sections
3.1, 133, 140, 143, 143c, |
| 18 | | 149, 155.37, 354, 355.2, 355b, 356g, 356g.5, 356g.5-1, 356r, |
| 19 | | 356t, 356u, 356v,
356w, 356x, 356y, 356z.1, 356z.2, 356z.4, |
| 20 | | 356z.5, 356z.6, 356z.8, 356z.9,
356z.10, 356z.11, 356z.12, |
| 21 | | 356z.13, 356z.14, 356z.15, 356z.18, 364.01, 367.2, 368a, 401, |
| 22 | | 401.1,
402,
403, 403A, 408,
408.2, and 412, and paragraphs (7) |
| 23 | | and (15) of Section 367 of the Illinois
Insurance Code.
|
| 24 | | Rulemaking authority to implement Public Act 95-1045, if |
|
| | HB1611 | - 12 - | LRB097 08215 RPM 48340 b |
|
|
|
| 1 | | any, is conditioned on the rules being adopted in accordance |
| 2 | | with all provisions of the Illinois Administrative Procedure |
| 3 | | Act and all rules and procedures of the Joint Committee on |
| 4 | | Administrative Rules; any purported rule not so adopted, for |
| 5 | | whatever reason, is unauthorized. |
| 6 | | (Source: P.A. 95-189, eff. 8-16-07; 95-331, eff. 8-21-07; |
| 7 | | 95-422, eff. 8-24-07; 95-520, eff. 8-28-07; 95-876, eff. |
| 8 | | 8-21-08; 95-958, eff. 6-1-09; 95-978, eff. 1-1-09; 95-1005, |
| 9 | | eff. 12-12-08; 95-1045, eff. 3-27-09; 95-1049, eff. 1-1-10; |
| 10 | | 96-328, eff. 8-11-09; 96-833, eff. 6-1-10; 96-1000, eff. |
| 11 | | 7-2-10.)
|
| 12 | | Section 99. Effective date. This Act takes effect upon |
| 13 | | becoming law.
|