Bill Text: IL HB4165 | 2017-2018 | 100th General Assembly | Engrossed

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

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Bill Title: Amends the State Employees Group Insurance Act of 1971. Prohibits the Director of the Illinois Department of Central Management Services and the State from applying for any federal waiver that would reduce or eliminate any protection or coverage required under the Patient Protection and Affordable Care Act (ACA) that was in effect on January 1, 2017, including, but not limited to, any protection for persons with pre-existing conditions and coverage for services identified as essential health benefits under the ACA. Provides that the Director may apply for such a waiver only if granted authorization by the General Assembly through a joint resolution. Amends the Illinois Insurance Code. Prohibits the State from applying for any federal waiver that would permit an individual or group health insurance plan to reduce or eliminate any protection or coverage required under the ACA that was in effect on January 1, 2017, including, but not limited to, any protection for persons with pre-existing conditions and coverage for services identified as essential health benefits under the ACA. Provides that the State may apply for such a waiver only if granted authorization by the General Assembly through a joint resolution. Amends the Illinois Public Aid Code. Prohibits the State from applying for any waiver of federal Medicaid requirements that would reduce or eliminate any protection or coverage required under the ACA that was in effect on January 1, 2017. Provides that the State may apply for such a waiver only if granted authorization by the General Assembly through a joint resolution. Effective immediately.

Spectrum: Partisan Bill (Democrat 23-0)

Status: (Failed) 2018-11-28 - Total Veto Stands - No Positive Action Taken [HB4165 Detail]

Download: Illinois-2017-HB4165-Engrossed.html

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HB4165 Engrossed LRB100 15528 KTG 30575 b
AN ACT concerning health care.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. The State Employees Group Insurance Act of 1971
is amended by adding Section 6.16 as follows:
(5 ILCS 375/6.16 new)
Sec. 6.16. Waiver application prohibitions.
(a) Notwithstanding any other law to the contrary, except
as specified in subsection (b), the State shall not apply for
any federal waiver that would reduce or eliminate any
protection or coverage required under the Patient Protection
and Affordable Care Act (Public Law 111-148) that was in effect
on January 1, 2017, including, but not limited to, any
protection for persons with pre-existing conditions and
coverage for services identified as essential health benefits
under the Patient Protection and Affordable Care Act.
(b) The State or an agency of the executive branch may
apply for such a waiver only if the General Assembly, by joint
resolution approved by a majority of each chamber prior to the
submission of such a waiver application to the U.S. Department
of Health and Human Services, authorizes the State or an agency
of the executive branch to apply for such a federal waiver.

HB4165 Engrossed - 2 - LRB100 15528 KTG 30575 b
Section 5. The Illinois Insurance Code is amended by adding
Section 356z.29 as follows:
(215 ILCS 5/356z.29 new)
Sec. 356z.29. Waiver application prohibitions.
(a) Notwithstanding any other law to the contrary, except
as specified in subsection (b), the State shall not apply for
any federal waiver that would permit an individual or group
health insurance plan to reduce or eliminate any protection or
coverage required under the Patient Protection and Affordable
Care Act (Public Law 111-148) that was in effect on January 1,
2017, including, but not limited to, any protection for persons
with pre-existing conditions and coverage for services
identified as essential health benefits under the Patient
Protection and Affordable Care Act.
(b) The State or an agency of the executive branch may
apply for such a waiver only if the General Assembly, by joint
resolution approved by a majority of each chamber prior to the
submission of such a waiver application to the U.S. Department
of Health and Human Services, authorizes the State or an agency
of the executive branch to apply for such a federal waiver.
Section 10. The Illinois Public Aid Code is amended by
adding Section 5-36 as follows:
(305 ILCS 5/5-36 new)

HB4165 Engrossed - 3 - LRB100 15528 KTG 30575 b
Sec. 5-36. Waiver application prohibitions.
(a) Notwithstanding any other law, except as specified in
subsection (b), the State or an agency of the executive branch
shall not apply for any federal Medicaid waiver that would
result in more restrictive standards, methodologies,
procedures, or other requirements than those that were in
effect in Illinois as of January 1, 2017 for: (i) the Medical
Assistance Program, as authorized under this Code and Title XIX
of the Social Security Act; (ii) the Children's Health
Insurance Program, as authorized under the Children's Health
Insurance Program Act and Title XXI of the Social Security Act;
or (iii) any other medical assistance program in Illinois that
is operating under any existing federal waiver authorized under
Section 1115 or Section 1915 of the Social Security Act.
(b) The State or an agency of the executive branch may
apply for such a waiver only if the General Assembly, by joint
resolution approved by a majority of each chamber prior to the
submission of such a waiver application to the U.S. Department
of Health and Human Services, authorizes the State or an agency
of the executive branch to apply for such a federal waiver.
Section 99. Effective date. This Act takes effect upon
becoming law.