Bill Text: IL HB3709 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Illinois Insurance Code to provide that policies of accident and health insurance or managed care plans that cover dependents and that are amended, delivered, issued, or renewed after the effective date of the Act shall not terminate or deny election of coverage for an unmarried dependent due to age before the dependent's 29th birthday. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3709 Detail]

Download: Illinois-2015-HB3709-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB3709 Introduced , by Rep. Fred Crespo SYNOPSIS AS INTRODUCED:
215 ILCS 5/356z.12
Amends the Illinois Insurance Code to provide that policies of accident and health insurance or managed care plans that cover dependents and that are amended, delivered, issued, or renewed after the effective date of the Act shall not terminate or deny election of coverage for an unmarried dependent due to age before the dependent's 29th birthday. Effective immediately.
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A BILL FOR
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AN ACT concerning insurance.
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 356z.12 as follows:
(215 ILCS 5/356z.12)
Sec. 356z.12. Dependent coverage.
(a) A group or individual policy of accident and health
insurance or managed care plan that provides coverage for
dependents and that is amended, delivered, issued, or renewed
after the effective date of this amendatory Act of the 95th
General Assembly shall not terminate coverage or deny the
election of coverage for an unmarried dependent by reason of
the dependent's age before the dependent's 26th birthday.
(a-5) A group or individual policy of accident and health
insurance or managed care plan that provides coverage for
dependents and that is amended, delivered, issued, or renewed
after the effective date of this amendatory Act of the 99th
General Assembly shall not terminate coverage or deny the
election of coverage for an unmarried dependent by reason of
the dependent's age before the dependent's 29th birthday.
(b) A policy or plan subject to this Section shall, upon
amendment, delivery, issuance, or renewal, establish an

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initial enrollment period of not less than 90 days during which
an insured may make a written election for coverage of an
unmarried person as a dependent under this Section. After the
initial enrollment period, enrollment by a dependent pursuant
to this Section shall be consistent with the enrollment terms
of the plan or policy.
(c) A policy or plan subject to this Section shall allow
for dependent coverage during the annual open enrollment date
or the annual renewal date if the dependent, as of the date on
which the insured elects dependent coverage under this
subsection, has:
(1) a period of continuous creditable coverage of 90
days or more; and
(2) not been without creditable coverage for more than
63 days.
An insured may elect coverage for a dependent who does not meet
the continuous creditable coverage requirements of this
subsection (c) and that dependent shall not be denied coverage
due to age.
For purposes of this subsection (c), "creditable coverage"
shall have the meaning provided under subsection (C)(1) of
Section 20 of the Illinois Health Insurance Portability and
Accountability Act.
(d) Military personnel. A group or individual policy of
accident and health insurance or managed care plan that
provides coverage for dependents and that is amended,

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delivered, issued, or renewed after the effective date of this
amendatory Act of the 95th General Assembly shall not terminate
coverage or deny the election of coverage for an unmarried
dependent by reason of the dependent's age before the
dependent's 30th birthday if the dependent (i) is an Illinois
resident, (ii) served as a member of the active or reserve
components of any of the branches of the Armed Forces of the
United States, and (iii) has received a release or discharge
other than a dishonorable discharge. To be eligible for
coverage under this subsection (d), the eligible dependent
shall submit to the insurer a form approved by the Illinois
Department of Veterans' Affairs stating the date on which the
dependent was released from service.
(e) Calculation of the cost of coverage provided to an
unmarried dependent under this Section shall be identical.
(f) Nothing in this Section shall prohibit an employer from
requiring an employee to pay all or part of the cost of
coverage provided under this Section.
(g) No exclusions or limitations may be applied to coverage
elected pursuant to this Section that do not apply to all
dependents covered under the policy.
(h) A policy or plan subject to this Section shall not
condition eligibility for dependent coverage provided pursuant
to this Section on enrollment in any educational institution.
(i) Notice regarding coverage for a dependent as provided
pursuant to this Section shall be provided to an insured by the

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insurer:
(1) upon application or enrollment;
(2) in the certificate of coverage or equivalent
document prepared for an insured and delivered on or about
the date on which the coverage commences; and
(3) (blank).
(Source: P.A. 98-226, eff. 1-1-14.)
Section 99. Effective date. This Act takes effect upon
becoming law.