State of Illinois
91st General Assembly
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Public Act 91-0617

SB251 Enrolled                                 LRB9102764EGfg

    AN ACT concerning the delivery of health  care  services,
amending named Acts.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 1.  Short title.  This Act may be  cited  as  the
Managed Care Reform and Patient Rights Act.

    Section 5.  Health care patient rights.
    (a)  The General Assembly finds that:
         (1)  A patient has the right to care consistent with
    professional  standards  of  practice  to  assure quality
    nursing   and   medical   practices,   to   choose    the
    participating  physician responsible for coordinating his
    or her care, to receive information concerning his or her
    condition and proposed treatment, to refuse any treatment
    to the extent  permitted  by  law,  and  to  privacy  and
    confidentiality  of  records except as otherwise provided
    by law.
         (2)  A patient has the right, regardless  of  source
    of  payment,  to  examine  and  to  receive  a reasonable
    explanation of his or her  total  bill  for  health  care
    services rendered by his or her physician or other health
    care   provider,   including  the  itemized  charges  for
    specific health care services received.  A  physician  or
    other  health care provider has responsibility only for a
    reasonable explanation  of  those  specific  health  care
    services provided by the health care provider.
         (3)  A  patient has the right to timely prior notice
    of the termination whenever a health care plan cancels or
    refuses to renew an enrollee's participation in the plan.
         (4)  A  patient  has  the  right  to   privacy   and
    confidentiality   in  health  care.  This  right  may  be
    expressly  waived  in  writing  by  the  patient  or  the
    patient's guardian.
         (5)  An individual has the  right  to  purchase  any
    health care services with that individual's own funds.
    (b)  Nothing  in  this  Section shall preclude the health
care  plan  from  sharing  information   for   plan   quality
assessment  and  improvement  purposes as required by Section
80.

    Section 10.  Definitions:
    "Adverse determination" means a determination by a health
care plan under Section 45 or by a utilization review program
under Section 85 that a health care service is not  medically
necessary.
    "Clinical  peer"  means a health care professional who is
in the same profession and the same or similar  specialty  as
the  health  care  provider who typically manages the medical
condition, procedures, or treatment under review.
    "Department" means the Department of Insurance.
    "Emergency medical condition" means a  medical  condition
manifesting  itself  by acute symptoms of sufficient severity
(including, but not limited to,  severe  pain)  such  that  a
prudent  layperson,  who  possesses  an  average knowledge of
health and medicine, could reasonably expect the  absence  of
immediate medical attention to result in:
         (1)  placing  the health of the individual (or, with
    respect to a pregnant woman, the health of the  woman  or
    her unborn child) in serious jeopardy;
         (2)  serious impairment to bodily functions; or
         (3)  serious  dysfunction  of  any  bodily  organ or
    part.
    "Emergency medical screening examination" means a medical
screening examination and evaluation by a physician  licensed
to  practice  medicine  in all its branches, or to the extent
permitted by applicable laws, by other appropriately licensed
personnel under the supervision of or in collaboration with a
physician licensed to practice medicine in all  its  branches
to determine whether the need for emergency services exists.
    "Emergency  services"  means, with respect to an enrollee
of a health care plan, transportation services, including but
not limited to ambulance services, and covered inpatient  and
outpatient   hospital   services   furnished  by  a  provider
qualified to  furnish  those  services  that  are  needed  to
evaluate   or   stabilize  an  emergency  medical  condition.
"Emergency services" does  not  refer  to  post-stabilization
medical services.
    "Enrollee"  means  any  person  and his or her dependents
enrolled in or covered by a health care plan.
    "Health  care  plan"  means  a  plan  that   establishes,
operates,  or  maintains  a  network of health care providers
that has entered into an agreement with the plan  to  provide
health  care  services  to enrollees to whom the plan has the
ultimate obligation  to  arrange  for  the  provision  of  or
payment  for services through organizational arrangements for
ongoing quality assurance, utilization  review  programs,  or
dispute  resolution.  Nothing  in  this  definition  shall be
construed to mean that an independent practice association or
a physician hospital organization that  subcontracts  with  a
health  care  plan  is,  for  purposes of that subcontract, a
health care plan.
    For purposes of this definition, "health care plan" shall
not include the following:
         (1)  indemnity health insurance  policies  including
    those using a contracted provider network;
         (2)  health  care  plans  that  offer only dental or
    only vision coverage;
         (3)  preferred provider administrators,  as  defined
    in Section 370g(g) of the Illinois Insurance Code;
         (4)  employee   or   employer   self-insured  health
    benefit  plans  under  the  federal  Employee  Retirement
    Income Security Act of 1974;
         (5)  health care provided pursuant to  the  Workers'
    Compensation  Act  or  the Workers' Occupational Diseases
    Act; and
         (6)  not-for-profit voluntary health services  plans
    with   health   maintenance   organization  authority  in
    existence as of January 1, 1999 that are affiliated  with
    a  union  and  that only extend coverage to union members
    and their dependents.
    "Health  care  professional"   means   a   physician,   a
registered    professional   nurse,   or   other   individual
appropriately licensed or registered to provide  health  care
services.
    "Health  care  provider"  means  any  physician, hospital
facility, or other  person  that  is  licensed  or  otherwise
authorized  to deliver health care services.  Nothing in this
Act  shall  be  construed  to  define  Independent   Practice
Associations  or  Physician-Hospital  Organizations as health
care providers.
    "Health care services" means any services included in the
furnishing  to  any  individual  of  medical  care,  or   the
hospitalization  incident  to the furnishing of such care, as
well as the furnishing to any person of  any  and  all  other
services  for the purpose of preventing, alleviating, curing,
or healing human illness or injury including home health  and
pharmaceutical services and products.
    "Medical  director"  means  a  physician  licensed in any
state to practice medicine in all its branches appointed by a
health care plan.
    "Person" means a corporation,  association,  partnership,
limited  liability company, sole proprietorship, or any other
legal entity.
    "Physician" means a person  licensed  under  the  Medical
Practice Act of 1987.
    "Post-stabilization  medical  services" means health care
services provided to an enrollee  that  are  furnished  in  a
licensed  hospital by a provider that is qualified to furnish
such services, and determined to be medically  necessary  and
directly related to the emergency medical condition following
stabilization.
    "Stabilization"  means,  with  respect  to  an  emergency
medical  condition,  to provide such medical treatment of the
condition as may be necessary to  assure,  within  reasonable
medical  probability,  that  no material deterioration of the
condition is likely to result.
    "Utilization review" means the evaluation of the  medical
necessity,  appropriateness,  and  efficiency  of  the use of
health care services, procedures, and facilities.
    "Utilization review program" means a program  established
by a person to perform utilization review.

    Section 15. Provision of information.
    (a)  A   health  care  plan  shall  provide  annually  to
enrollees and prospective enrollees, upon request, a complete
list of participating health care  providers  in  the  health
care  plan's  service area and a description of the following
terms of coverage:
         (1)  the service area;
         (2)  the covered  benefits  and  services  with  all
    exclusions, exceptions, and limitations;
         (3)  the  pre-certification  and  other  utilization
    review procedures and requirements;
         (4)  a  description of the process for the selection
    of a primary care physician, any limitation on access  to
    specialists, and the plan's standing referral policy;
         (5)  the  emergency coverage and benefits, including
    any restrictions on emergency care services;
         (6)  the out-of-area coverage and benefits, if any;
         (7)  the  enrollee's  financial  responsibility  for
    copayments,  deductibles,   premiums,   and   any   other
    out-of-pocket expenses;
         (8)  the  provisions  for continuity of treatment in
    the  event  a  health   care   provider's   participation
    terminates  during  the course of an enrollee's treatment
    by that provider;
         (9)  the appeals process, forms, and time frames for
    health care services appeals,  complaints,  and  external
    independent  reviews,  administrative  complaints,    and
    utilization  review  complaints, including a phone number
    to call to receive more information from the health  care
    plan concerning the appeals process; and
         (10)  a  statement of all basic health care services
    and all specific benefits and  services  mandated  to  be
    provided  to enrollees by any State law or administrative
    rule.
    In the event of an  inconsistency  between  any  separate
written  disclosure  statement  and  the enrollee contract or
certificate,  the  terms  of   the   enrollee   contract   or
certificate shall control.
    (b)  Upon  written  request,  a  health  care  plan shall
provide  to  enrollees  a  description   of   the   financial
relationships  between  the  health  care plan and any health
care  provider  and,  if   requested,   the   percentage   of
copayments,   deductibles,   and   total  premiums  spent  on
healthcare related expenses and the percentage of copayments,
deductibles, and total  premiums  spent  on  other  expenses,
including administrative expenses, except that no health care
plan   shall   be  required  to  disclose  specific  provider
reimbursement.
    (c)   A participating health care provider shall  provide
all  of  the  following,  where applicable, to enrollees upon
request:
         (1)  Information  related   to   the   health   care
    provider's  educational background, experience, training,
    specialty, and board certification, if applicable.
         (2)  The  names  of  licensed  facilities   on   the
    provider  panel  where the health care provider presently
    has privileges for the treatment, illness,  or  procedure
    that is the subject of the request.
         (3)  Information    regarding    the   health   care
    provider's  participation  in      continuing   education
    programs    and    compliance    with    any   licensure,
    certification,   or   registration    requirements,    if
    applicable.
    (d)  A  health  care  plan  shall provide the information
required to be disclosed under this Act upon  enrollment  and
annually  thereafter  in a legible and understandable format.
The Department shall promulgate rules to establish the format
based, to the extent practical, on  the  standards  developed
for  supplemental insurance coverage under Title XVIII of the
federal Social Security Act as a guide, so that a person  can
compare the attributes of the various health care plans.
    (e)  The  written disclosure requirements of this Section
may be met by disclosure to one enrollee in a household.

    Section 20.  Notice  of  nonrenewal  or  termination.   A
health  care  plan  must  give  at  least  60  days notice of
nonrenewal or termination of a health care  provider  to  the
health  care  provider  and  to  the  enrollees served by the
health care provider. The notice shall  include  a  name  and
address  to  which  an  enrollee  or health care provider may
direct comments and  concerns  regarding  the  nonrenewal  or
termination. Immediate written notice may be provided without
60 days notice when a health care provider's license has been
disciplined by a State licensing board.

    Section 25.  Transition of services.
    (a)  A  health  care plan shall provide for continuity of
care for its enrollees as follows:
         (1)  If an enrollee's physician  leaves  the  health
    care  plan's network of health care providers for reasons
    other  than  termination  of  a  contract  in  situations
    involving  imminent  harm  to  a  patient  or   a   final
    disciplinary  action  by  a State licensing board and the
    physician remains within the health care  plan's  service
    area,  the  health care plan shall permit the enrollee to
    continue  an  ongoing  course  of  treatment  with   that
    physician during a transitional period:
              (A)  of  90 days from the date of the notice of
         physician's termination from the health care plan to
         the enrollee of the physician's disaffiliation  from
         the  health care plan if the enrollee has an ongoing
         course of treatment; or
              (B)  if the  enrollee  has  entered  the  third
         trimester   of   pregnancy   at   the  time  of  the
         physician's  disaffiliation,   that   includes   the
         provision  of  post-partum  care directly related to
         the delivery.
         (2)  Notwithstanding the provisions in item  (1)  of
    this  subsection,  such  care  shall be authorized by the
    health care plan during the transitional period  only  if
    the physician agrees:
              (A)  to  continue  to accept reimbursement from
         the health care plan at the rates  applicable  prior
         to the start of the transitional period;
              (B)  to   adhere  to  the  health  care  plan's
         quality assurance requirements and to provide to the
         health  care  plan  necessary  medical   information
         related to  such care; and
              (C)  to  otherwise  adhere  to  the health care
         plan's policies and procedures,  including  but  not
         limited   to   procedures  regarding  referrals  and
         obtaining  preauthorizations for treatment.
    (b)  A health care plan shall provide for  continuity  of
care for new enrollees as follows:
         (1)  If  a  new  enrollee  whose  physician is not a
    member of the health care plan's provider network, but is
    within the health care plan's service  area,  enrolls  in
    the  health  care plan, the health care plan shall permit
    the enrollee to continue an ongoing course  of  treatment
    with   the   enrollee's   current   physician   during  a
    transitional period:
              (A)  of 90 days  from  the  effective  date  of
         enrollment  if the enrollee has an ongoing course of
         treatment; or
              (B)  if the  enrollee  has  entered  the  third
         trimester  of  pregnancy  at  the  effective date of
         enrollment,   that   includes   the   provision   of
         post-partum care directly related to  the  delivery.
         (2)  If  an  enrollee  elects to continue to receive
    care from such physician pursuant to  item  (1)  of  this
    subsection,  such  care shall be authorized by the health
    care  plan  for  the  transitional  period  only  if  the
    physician agrees:
              (A)  to accept reimbursement  from  the  health
         care  plan  at  rates established by the health care
         plan; such rates shall be the level of reimbursement
         applicable to similar physicians within  the  health
         care plan for such services;
              (B)  to   adhere  to  the  health  care  plan's
         quality assurance requirements and to provide to the
         health  care  plan  necessary  medical   information
         related to such care; and
              (C)  to  otherwise  adhere  to  the health care
         plan's policies and procedures  including,  but  not
         limited   to   procedures  regarding  referrals  and
         obtaining  preauthorization for treatment.
    (c)  In no event  shall  this  Section  be  construed  to
require  a health care plan to  provide coverage for benefits
not otherwise covered or to diminish or   impair  preexisting
condition limitations contained in the enrollee's  contract.

    Section 30.  Prohibitions.
    (a)  No  health  care  plan  or  its  subcontractors  may
prohibit  or  discourage health care providers by contract or
policy from discussing any health care  services  and  health
care  providers,  utilization  review  and  quality assurance
policies, terms and conditions of plans and plan policy  with
enrollees, prospective enrollees, providers, or the public.
    (b)  No  health care plan by contract, written policy, or
procedure may permit or allow  an  individual  or  entity  to
dispense  a  different  drug in place of the drug or brand of
drug ordered or prescribed without the express permission  of
the  person  ordering  or  prescribing  the  drug,  except as
provided under Section 3.14 of the Illinois  Food,  Drug  and
Cosmetic Act.
    (c)  Any  violation  of  this Section shall be subject to
the penalties under this Act.

    Section   35.  Medically    appropriate    health    care
protection.
    (a)  No  health  care  plan  or  its subcontractors shall
retaliate against a physician or other health  care  provider
who  advocates  for  appropriate  health  care  services  for
patients.
    (b)  It  is  the  public  policy of the State of Illinois
that a  physician  or  any  other  health  care  provider  be
encouraged  to advocate for medically appropriate health care
services for his or  her  patients.   For  purposes  of  this
Section,  "to  advocate for medically appropriate health care
services" means to appeal a decision to deny  payment  for  a
health  care  service pursuant to the reasonable grievance or
appeal procedure established by a  health  care  plan  or  to
protest a decision, policy, or practice that the physician or
other  health  care  provider, consistent with that degree of
learning and skill  ordinarily  possessed  by  physicians  or
other  health  care  providers  practicing  in  the same or a
similar locality and under similar circumstances,  reasonably
believes   impairs  the  physician's  or  other  health  care
provider's  ability  to  provide  appropriate   health   care
services to his or her patients.
    (c)  This  Section  shall  not be construed to prohibit a
health  care  plan  or  its  subcontractors  from  making   a
determination not to pay for a particular health care service
or   to   prohibit  a  medical  group,  independent  practice
association,  preferred  provider  organization,  foundation,
hospital medical staff, hospital  governing  body  or  health
care   plan   from   enforcing   reasonable  peer  review  or
utilization  review  protocols  or  determining   whether   a
physician  or  other  health  care provider has complied with
those protocols.
    (d)  Nothing  in  this  Section  shall  be  construed  to
prohibit the governing body of a  hospital  or  the  hospital
medical  staff  from  taking  disciplinary  actions against a
physician as authorized by law.
    (e)  Nothing  in  this  Section  shall  be  construed  to
prohibit  the  Department  of  Professional  Regulation  from
taking disciplinary actions  against  a  physician  or  other
health care provider under the appropriate licensing Act.
    (f)  Any  violation  of  this Section shall be subject to
the penalties under this Act.

    Section 40.  Access to specialists.
    (a)  All health care plans that require each enrollee  to
select  a  health  care  provider  for  any purpose including
coordination of care shall permit an enrollee to  choose  any
available   primary   care  physician  licensed  to  practice
medicine in all its branches participating in the health care
plan for that purpose. The health care plan shall provide the
enrollee with a choice of licensed health care providers  who
are  accessible  and qualified.  Nothing in this Act shall be
construed to prohibit a health care  plan  from  requiring  a
health  care provider to meet the health care plan's criteria
in order to coordinate access to health care.
    (b)  A health care plan shall establish  a  procedure  by
which  an  enrollee who has a condition that requires ongoing
care  from  a  specialist  physician  or  other  health  care
provider may apply for a standing referral  to  a  specialist
physician  or  other  health care provider if a referral to a
specialist  physician  or  other  health  care  provider   is
required  for  coverage. The application shall be made to the
enrollee's primary  care  physician.  This  procedure  for  a
standing  referral  must  specify  the necessary criteria and
conditions that must be met  in  order  for  an  enrollee  to
obtain  a  standing  referral.  A  standing referral shall be
effective for the period necessary to  provide  the  referred
services or one year, except in the event of termination of a
contract  or policy in which case Section 25 on transition of
services shall apply, if applicable. A primary care physician
may renew and re-renew a standing referral.
    (c)  The enrollee may be required by the health care plan
to  select  a  specialist  physician  or  other  health  care
provider who has a referral arrangement with  the  enrollee's
primary  care  physician  or  to  select  a  new primary care
physician who has a referral arrangement with the  specialist
physician  or  other  health  care  provider  chosen  by  the
enrollee.    If  a  health  care plan requires an enrollee to
select a new physician under this subsection, the health care
plan must provide the enrollee with both options provided  in
this  subsection.  When  a  participating  specialist  with a
referral arrangement  is  not  available,  the  primary  care
physician,  in  consultation with the enrollee, shall arrange
for the enrollee to have access to a qualified  participating
health  care  provider,  and the enrollee shall be allowed to
stay with his or her primary care physician. If  a  secondary
referral  is  necessary,  the  specialist  physician or other
health care provider shall advise the primary care physician.
The primary care physician shall be  responsible  for  making
the  secondary  referral.  In  addition, the health care plan
shall require the specialist physician or other  health  care
provider to provide regular updates to the enrollee's primary
care physician.
    (d)  When  the  type  of  specialist  physician  or other
health care provider needed to provide  ongoing  care  for  a
specific  condition  is  not  represented  in the health care
plan's provider network, the  primary  care  physician  shall
arrange  for  the  enrollee  to  have  access  to a qualified
non-participating health care provider  within  a  reasonable
distance  and  travel  time at no additional cost beyond what
the enrollee would otherwise pay for services received within
the network.  The referring physician shall notify  the  plan
when a referral is made outside the network.
    (e)  The  enrollee's  primary care physician shall remain
responsible for coordinating the care of an enrollee who  has
received  a  standing  referral  to a specialist physician or
other health  care  provider.  If  a  secondary  referral  is
necessary,  the  specialist  physician  or  other health care
provider  shall  advise  the  primary  care  physician.   The
primary care physician shall be responsible  for  making  the
secondary  referral.  In addition, the health care plan shall
require  the  specialist  physician  or  other  health   care
provider to provide regular updates to the enrollee's primary
care physician.
    (f)  If  an  enrollee's  application  for any referral is
denied, an enrollee  may  appeal  the  decision  through  the
health  care  plan's  external  independent review process in
accordance with subsection (f) of Section 45 of this Act.
    (g)  Nothing in this Act shall be construed to require an
enrollee to select a  new  primary  care  physician  when  no
referral  arrangement  exists  between the enrollee's primary
care physician and the specialist selected  by  the  enrollee
and  when  the enrollee has a long-standing relationship with
his or her primary care physician.
    (h)  In promulgating rules to  implement  this  Act,  the
Department  shall  define  "standing  referral"  and "ongoing
course of treatment".

    Section 45.  Health care  services  appeals,  complaints,
and external independent reviews.
    (a)  A  health  care plan shall establish and maintain an
appeals procedure as outlined in this Act.   Compliance  with
this  Act's  appeals  procedures  shall satisfy a health care
plan's obligation to  provide  appeal  procedures  under  any
other State law or rules. All appeals of a health care plan's
administrative  determinations  and  complaints regarding its
administrative decisions shall be handled as  required  under
Section 50.
    (b)  When  an  appeal  concerns a decision or action by a
health care plan, its employees, or its  subcontractors  that
relates  to  (i)  health  care  services,  including, but not
limited to, procedures or treatments, for an enrollee with an
ongoing  course  of  treatment  ordered  by  a  health   care
provider,  the  denial  of which could significantly increase
the risk  to  an  enrollee's  health,  or  (ii)  a  treatment
referral,  service,  procedure, or other health care service,
the denial of which could significantly increase the risk  to
an enrollee's health, the health care plan must allow for the
filing  of  an  appeal  either  orally  or  in writing.  Upon
submission of the appeal, a health care plan must notify  the
party filing the appeal, as soon as possible, but in no event
more than 24 hours after the submission of the appeal, of all
information  that  the  plan requires to evaluate the appeal.
The health care plan shall render a decision  on  the  appeal
within  24  hours  after receipt of the required information.
The health care plan shall notify the party filing the appeal
and the enrollee, enrollee's primary care physician, and  any
health  care provider who recommended the health care service
involved in the appeal of its decision orally followed-up  by
a written notice of the determination.
    (c)  For  all  appeals  related  to  health care services
including, but not limited to, procedures or  treatments  for
an  enrollee  and  not  covered  by subsection (b) above, the
health care plan shall establish a procedure for  the  filing
of  such  appeals.   Upon  submission of an appeal under this
subsection, a health care plan must notify the  party  filing
an  appeal,  within  3 business days, of all information that
the plan requires to evaluate the  appeal.  The  health  care
plan shall render a decision on the appeal within 15 business
days  after  receipt of the required information.  The health
care plan shall notify  the  party  filing  the  appeal,  the
enrollee,  the  enrollee's  primary  care  physician, and any
health care provider who recommended the health care  service
involved  in the appeal orally of its decision followed-up by
a written notice of the determination.
    (d)  An appeal under subsection (b) or (c) may  be  filed
by  the  enrollee,  the  enrollee's designee or guardian, the
enrollee's primary care physician, or the  enrollee's  health
care provider.  A health care plan shall designate a clinical
peer  to  review  appeals,  because  these appeals pertain to
medical or clinical  matters  and  such  an  appeal  must  be
reviewed  by an appropriate health care professional.  No one
reviewing an appeal may  have  had  any  involvement  in  the
initial determination that is the subject of the appeal.  The
written  notice  of  determination required under subsections
(b) and (c) shall include (i) clear and detailed reasons  for
the  determination, (ii) the medical or clinical criteria for
the determination, which shall be based upon  sound  clinical
evidence  and  reviewed on a periodic basis, and (iii) in the
case  of  an  adverse  determination,  the   procedures   for
requesting  an  external  independent review under subsection
(f).
    (e)  If an appeal filed under subsection (b)  or  (c)  is
denied  for  a  reason  including,  but  not  limited to, the
service, procedure, or treatment is not viewed  as  medically
necessary,  denial of specific tests or procedures, denial of
referral   to   specialist   physicians    or    denial    of
hospitalization  requests  or  length  of  stay requests, any
involved party may request  an  external  independent  review
under subsection (f) of the adverse determination.
    (f)  External independent review.
         (1)  The   party  seeking  an  external  independent
    review shall so notify the health care plan.  The  health
    care  plan shall seek to resolve all external independent
    reviews in the most expeditious manner and shall  make  a
    determination  and provide notice of the determination no
    more than 24 hours after the  receipt  of  all  necessary
    information when a delay would significantly increase the
    risk to an enrollee's health or when extended health care
    services for an enrollee undergoing a course of treatment
    prescribed by a health care provider are at issue.
         (2)  Within  30  days  after  the  enrollee receives
    written  notice  of  an  adverse  determination,  if  the
    enrollee decides  to  initiate  an  external  independent
    review, the enrollee shall send to the health care plan a
    written  request  for  an  external  independent  review,
    including any information or documentation to support the
    enrollee's request for the covered service or claim for a
    covered service.
         (3)  Within  30  days  after  the  health  care plan
    receives a request for  an  external  independent  review
    from an enrollee, the health care plan shall:
              (A)  provide a mechanism for joint selection of
         an  external  independent  reviewer by the enrollee,
         the  enrollee's  physician  or  other  health   care
         provider, and the health care plan; and
              (B)  forward  to  the  independent reviewer all
         medical   records   and   supporting   documentation
         pertaining to the case, a summary description of the
         applicable  issues  including  a  statement  of  the
         health care plan's decision, the criteria used,  and
         the medical and clinical reasons for that decision.
         (4)  Within  5  days  after receipt of all necessary
    information, the independent reviewer shall evaluate  and
    analyze  the  case and render a decision that is based on
    whether or not the health care service or claim  for  the
    health   care   service  is  medically  appropriate.  The
    decision by the independent reviewer  is  final.  If  the
    external  independent reviewer determines the health care
    service to be medically appropriate, the health care plan
    shall pay for the health care  service.
         (5)  The  health   care   plan   shall   be   solely
    responsible   for   paying   the  fees  of  the  external
    independent reviewer  who  is  selected  to  perform  the
    review.
         (6)  An  external  independent  reviewer who acts in
    good faith shall have immunity from any civil or criminal
    liability or professional discipline as a result of  acts
    or  omissions  with  respect  to any external independent
    review, unless the acts or  omissions  constitute  wilful
    and  wanton  misconduct.  For purposes of any proceeding,
    the good faith  of  the  person  participating  shall  be
    presumed.
         (7)  Future  contractual or employment action by the
    health care plan regarding  the  patient's  physician  or
    other  health  care provider shall not be based solely on
    the  physician's  or   other   health   care   provider's
    participation in this procedure.
         (8)  For  the  purposes of this Section, an external
    independent reviewer shall:
              (A)  be a clinical peer;
              (B)  have  no  direct  financial  interest   in
         connection with the case; and
              (C)  have  not  been  informed  of the specific
         identity of the enrollee.
    (g)  Nothing  in  this  Section  shall  be  construed  to
require a health care plan to pay for a health  care  service
not  covered  under the enrollee's certificate of coverage or
policy.

    Section 50.  Administrative complaints  and  Departmental
review.
    (a)  Administrative complaint process.
         (1)  A  health  care  plan  shall  accept and review
    appeals of its determinations and complaints  related  to
    administrative  issues  initiated  by  enrollees or their
    health care providers (complainant).  All  appeals  of  a
    health  care plan's determinations and complaints related
    to health care services  shall  be  handled  as  required
    under Section 45.  Nothing in this Act shall be construed
    to  preclude an enrollee from filing a complaint with the
    Department or as limiting  the  Department's  ability  to
    investigate  complaints.  In  addition,  any enrollee not
    satisfied with the plan's resolution of any complaint may
    appeal that final plan decision to the Department.
         (2)  When a complaint against  a  health  care  plan
    (respondent)   is   received   by   the  Department,  the
    respondent  shall  be  notified  of  the  complaint.  The
    Department shall, in its notification, specify  the  date
    when  a  report  is  to  be received from the respondent,
    which shall be no later than 21 days  after  notification
    is sent to the respondent. A failure to reply by the date
    specified  may be followed by a collect telephone call or
    collect telegram. Repeated instances of failing to  reply
    by  the  date  specified may result in further regulatory
    action.
         (3)  The respondent's report shall  supply  adequate
    documentation  that  explains  all  actions  taken or not
    taken and that were the  basis  for  the  complaint.  The
    report  shall  include documents necessary to support the
    respondent's position and any  information  requested  by
    the  Department.  The  respondent's  reply  shall  be  in
    duplicate,  but  duplicate copies of supporting documents
    shall not  be  required.  The  respondent's  reply  shall
    include  the  name,  telephone number, and address of the
    individual  assigned  to  investigate  or   process   the
    complaint.    The    Department    shall    respect   the
    confidentiality of medical reports  and  other  documents
    that  by  law  are  confidential.  Any  other information
    furnished by a respondent shall be marked  "confidential"
    if  the respondent does not wish it to be released to the
    complainant.
    (b)  Departmental review.  The  Department  shall  review
the  plan decision to determine whether it is consistent with
the plan and Illinois law and  rules.  Upon  receipt  of  the
respondent's   report,  the  Department  shall  evaluate  the
material submitted and:
         (1)  advise the complainant of the action taken  and
    disposition of the complaint;
         (2)  pursue    further    investigation   with   the
    respondent or complainant; or
         (3)  refer   the   investigation   report   to   the
    appropriate branch  within  the  Department  for  further
    regulatory action.
    (c)  The  Department  of  Insurance and the Department of
Public Health  shall  coordinate  the  complaint  review  and
investigation  process.  The  Department of Insurance and the
Department of Public Health  shall  jointly  establish  rules
under  the Illinois Administrative Procedure Act implementing
this complaint process.

    Section 55.  Record of complaints.
    (a)  The Department shall maintain records concerning the
complaints filed against health care plans.  To that end, the
Department shall require health care plans to annually report
complaints made to and resolutions by health care plans in  a
manner  determined  by  rule.   The  Department  shall make a
summary of all data  collected  available  upon  request  and
publish the summary on the World Wide Web.
    (b)  The  Department shall maintain records on the number
of complaints filed against each health care plan.
    (c)  The Department shall  maintain  records  classifying
each complaint by whether the complaint was filed by:
         (1)  a consumer or enrollee;
         (2)  a provider; or
         (3)  any other individual.
    (d)  The  Department  shall  maintain records classifying
each complaint according to the nature of the complaint as it
pertains to a specific function of the health care plan.  The
complaints  shall   be   classified   under   the   following
categories:
         (1)  denial of care or treatment;
         (2)  denial of a diagnostic procedure;
         (3)  denial of a referral request;
         (4)  sufficient  choice  and accessibility of health
    care providers;
         (5)  underwriting;
         (6)  marketing and sales;
         (7)  claims and utilization review;
         (8)  member services;
         (9)  provider relations; and
         (10)  miscellaneous.
    (e)  The Department shall  maintain  records  classifying
the  disposition  of  each complaint.  The disposition of the
complaint  shall  be  classified  in  one  of  the  following
categories:
         (1)  complaint referred to the health care plan  and
    no further action necessary by the Department;
         (2)  no  corrective  action  deemed necessary by the
    Department; or
         (3)  corrective action taken by the Department.
    (f)  No Department publication or release of  information
shall   identify  any  enrollee,  health  care  provider,  or
individual complainant.

    Section 60.  Choosing a physician.
    (a)  A health care plan may also offer other arrangements
under which enrollees may access health  care  services  from
contracted providers without a referral or authorization from
their primary care physician.
    (b)  The enrollee may be required by the health care plan
to  select  a  specialist  physician  or  other  health  care
provider  who  has a referral arrangement with the enrollee's
primary care physician  or  to  select  a  new  primary  care
physician  who has a referral arrangement with the specialist
physician  or  other  health  care  provider  chosen  by  the
enrollee.  If a health care  plan  requires  an  enrollee  to
select a new physician under this subsection, the health care
plan  must provide the enrollee with both options provided in
this subsection.
    (c)  The Director of  Insurance  and  the  Department  of
Public Health each may promulgate rules to ensure appropriate
access  to and quality of care for enrollees in any plan that
allows  enrollees  to  access  health  care   services   from
contractual  providers  without  a  referral or authorization
from the primary care physician.  The rules may include,  but
shall  not  be  limited  to,  a  system for the retrieval and
compilation of enrollees' medical records.

    Section 65. Emergency services prior to stabilization.
    (a)  A health care plan that provides or that is required
by law to  provide  coverage  for  emergency  services  shall
provide coverage such that payment under this coverage is not
dependent  upon  whether the services are performed by a plan
or non-plan health care provider and without regard to  prior
authorization.  This  coverage  shall  be at the same benefit
level as if the services or treatment had  been  rendered  by
the  health care plan physician licensed to practice medicine
in all its branches or health care provider.
    (b)  Prior authorization or approval by  the  plan  shall
not be required for emergency services.
    (c)  Coverage  and  payment shall only be retrospectively
denied under the following circumstances:
         (1)  upon   reasonable   determination   that    the
    emergency services claimed were never performed;
         (2)  upon  timely  determination  that the emergency
    evaluation and treatment were rendered to an enrollee who
    sought emergency services and whose circumstance did  not
    meet the definition of emergency medical condition;
         (3)  upon  determination  that the patient receiving
    such services was not an  enrollee  of  the  health  care
    plan; or
         (4)  upon material misrepresentation by the enrollee
    or  health  care  provider;  "material"  means  a fact or
    situation that is not  merely  technical  in  nature  and
    results  or  could  result in a substantial change in the
    situation.
    (d)  When an enrollee  presents  to  a  hospital  seeking
emergency  services, the determination as to whether the need
for those services exists  shall  be  made  for  purposes  of
treatment  by  a   physician licensed to practice medicine in
all its branches  or, to the extent permitted  by  applicable
law,  by  other  appropriately  licensed  personnel under the
supervision of  or in collaboration with a physician licensed
to practice medicine in all its branches.  The  physician  or
other  appropriate  personnel shall indicate in the patient's
chart  the  results  of  the  emergency   medical   screening
examination.
    (e)  The  appropriate  use of the 911 emergency telephone
system or its local equivalent shall not  be  discouraged  or
penalized  by  the health care plan when an emergency medical
condition exists. This provision shall not imply that the use
of 911 or its local equivalent is a factor in determining the
existence of an emergency medical condition.
    (f)  The medical director's  or  his  or  her  designee's
determination  of  whether the enrollee meets the standard of
an emergency medical condition shall be based solely upon the
presenting symptoms documented in the medical record  at  the
time  care  was  sought.  Only  a  clinical  peer may make an
adverse determination.
    (g)  Nothing  in  this   Section   shall   prohibit   the
imposition  of  deductibles,  copayments,  and  co-insurance.
Nothing  in  this  Section  alters the prohibition on billing
enrollees contained in the  Health  Maintenance  Organization
Act.

    Section 70. Post-stabilization medical services.
    (a) If prior authorization for covered post-stabilization
services  is required by the health care plan, the plan shall
provide access 24 hours a day,  7  days  a  week  to  persons
designated  by the plan to make such determinations, provided
that any determination made under this Section must  be  made
by  a health care professional.  The review shall be resolved
in accordance with the provisions of Section 85 and the  time
requirements of this Section.
    (b)  The treating physician licensed to practice medicine
in all its branches or  health care  provider  shall  contact
the  health  care  plan  or delegated health care provider as
designated on the enrollee's health insurance card to  obtain
authorization,  denial, or arrangements for an alternate plan
of treatment or transfer of the enrollee.
    (c)  The  treating  physician    licensed   to   practice
medicine  in  all its branches or  health care provider shall
document in the  enrollee's  medical  record  the  enrollee's
presenting  symptoms;  emergency medical condition; and time,
phone number dialed, and  result  of  the  communication  for
request   for  authorization  of  post-stabilization  medical
services. The health care plan  shall  provide  reimbursement
for covered post-stabilization medical services if:
         (1)  authorization  to  render them is received from
    the  health  care  plan  or  its  delegated  health  care
    provider, or
         (2)  after 2  documented  good  faith  efforts,  the
    treating  health  care  provider has attempted to contact
    the enrollee's health care plan or its  delegated  health
    care  provider,  as  designated  on the enrollee's health
    insurance    card,    for    prior    authorization    of
    post-stabilization medical services and neither the  plan
    nor   designated   persons   were   accessible   or   the
    authorization  was  not  denied  within 60 minutes of the
    request. "Two documented good faith  efforts"  means  the
    health  care  provider has called the telephone number on
    the enrollee's health insurance card or  other  available
    number  either 2 times or one time and an additional call
    to any  referral  number  provided.  "Good  faith"  means
    honesty  of  purpose,  freedom from intention to defraud,
    and being faithful to one's duty or obligation.  For  the
    purpose of this Act, good faith shall be presumed.
    (d)  After   rendering   any  post-stabilization  medical
services,  the  treating  physician  licensed   to   practice
medicine  in  all its branches or  health care provider shall
continue to make  every  reasonable  effort  to  contact  the
health  care  plan  or  its  delegated  health  care provider
regarding  authorization,  denial,  or  arrangements  for  an
alternate plan of treatment or transfer of the enrollee until
the treating health care provider receives instructions  from
the  health  care  plan or delegated health care provider for
continued care or the care is transferred to  another  health
care provider or the patient is discharged.
    (e)  Payment  for covered post-stabilization services may
be denied:
         (1)  if the treating health care provider  does  not
    meet the conditions outlined in subsection (c);
         (2)  upon  determination that the post-stabilization
    services claimed were not performed;
         (3)  upon    timely    determination    that     the
    post-stabilization services rendered were contrary to the
    instructions  of  the  health  care plan or its delegated
    health care provider if contact was  made  between  those
    parties prior to the service being rendered;
         (4)  upon  determination  that the patient receiving
    such services was not an  enrollee  of  the  health  care
    plan; or
         (5)  upon material misrepresentation by the enrollee
    or  health  care  provider;  "material"  means  a fact or
    situation that is not  merely  technical  in  nature  and
    results  or  could  result in a substantial change in the
    situation.
    (f)  Nothing in this Section prohibits a health care plan
from delegating tasks associated  with  the  responsibilities
enumerated   in  this  Section  to  the  health  care  plan's
contracted health care providers or another  entity.  Only  a
clinical  peer  may  make an adverse determination.  However,
the  ultimate  responsibility  for   coverage   and   payment
decisions may not be delegated.
    (g)  Coverage  and payment for post-stabilization medical
services for which prior authorization or deemed approval  is
received shall not be retrospectively denied.
    (h)  Nothing   in   this   Section   shall  prohibit  the
imposition  of  deductibles,  copayments,  and  co-insurance.
Nothing in this Section alters  the  prohibition  on  billing
enrollees  contained  in  the Health Maintenance Organization
Act.

    Section 72.  Pharmacy providers.
    (a)  Before  entering  into an  agreement  with  pharmacy
providers, a  health  care  plan  must  establish  terms  and
conditions that must be met by pharmacy providers desiring to
contract  with the health care plan. The terms and conditions
shall not discriminate against a pharmacy provider. A  health
care plan may not refuse to contract with a pharmacy provider

that meets the terms and conditions established by the health
care  plan.    If  a  pharmacy provider rejects the terms and
conditions established, the health care plan may offer  other
terms   and  conditions  necessary  to  comply  with  network
adequacy requirements.
    (b) A health care plan shall apply the same co-insurance,
copayment, and deductible factors to all  drug  prescriptions
filled by a pharmacy provider that participates in the health
care  plan's  network.  Nothing  in this subsection, however,
prohibits  a  health  care  plan  from   applying   different
co-insurance, copayment, and deductible factors between brand
name drugs and generic drugs when a generic equivalent exists
for the brand name drug.
    (c)  A  health  care  plan  may  not  set  a limit on the
quantity of drugs that an enrollee may  obtain  at  one  time
with  a prescription unless the limit is applied uniformly to
all pharmacy providers in the health care plan's network.

    Section 75.  Consumer advisory committee.
    (a)  A  health  care  plan  shall  establish  a  consumer
advisory committee.  The consumer  advisory  committee  shall
have  the  authority to identify and review consumer concerns
and make advisory recommendations to the  health  care  plan.
The  health  care plan may also make requests of the consumer
advisory committee to provide feedback to proposed changes in
plan policies and procedures  which  will  affect  enrollees.
However,  the  consumer advisory committee shall not have the
authority  to  hear  or  resolve   specific   complaints   or
grievances,  but  instead  shall  refer  such  complaints  or
grievances to the health care plan's grievance committee.
    (b)  The   health  care  plan  shall  randomly  select  8
enrollees meeting the requirements of this Section  to  serve
on the consumer advisory committee. The health care plan must
continue  to randomly select enrollees until 8 enrollees have
agreed to serve on  the  consumer  advisory  committee.  Upon
initial  formation  of  the  consumer advisory committee, the
health care plan shall appoint 4 enrollees to a 2  year  term
and  4  enrollees  to  a  one  year  term.  Thereafter, as an
enrollee's  term  expires,  the  health   care   plan   shall
re-appoint  or  appoint  an enrollee to serve on the consumer
advisory committee for a 2 year term. Members of the consumer
advisory committee shall by majority vote elect a  member  of
the committee to serve as chair of the committee.
    (c)  An  enrollee  may not serve on the consumer advisory
committee  if  during  the  2  years  preceding  service  the
enrollee:
         (1)  has been an employee, officer, or  director  of
    the  plan,  an  affiliate  of  the plan, or a provider or
    affiliate  of  a  provider  that  furnishes  health  care
    services to the plan or affiliate of the plan; or
         (2)  is a relative of a  person  specified  in  item
    (1).
    (d)  A  health  care  plan's  consumer advisory committee
shall meet not less than quarterly.
    (e)  All meetings shall  be  held  within  the  State  of
Illinois.   The  costs  of the meetings shall be borne by the
health care plan.

    Section 80.  Quality assessment program.
    (a)  A health care plan shall  develop  and  implement  a
quality  assessment  and  improvement  strategy  designed  to
identify  and evaluate accessibility, continuity, and quality
of care.  The health care plan shall have:
         (1)  an   ongoing,   written,    internal    quality
    assessment program;
         (2)  specific  written guidelines for monitoring and
    evaluating the quality and appropriateness  of  care  and
    services  provided to enrollees requiring the health care
    plan to assess:
              (A)  the   accessibility   to    health    care
         providers;
              (B)  appropriateness of utilization;
              (C)  concerns  identified  by  the  health care
         plan's   medical   or   administrative   staff   and
         enrollees; and
              (D)  other aspects of care and service directly
         related to the improvement of quality of care;
         (3)  a procedure  for  remedial  action  to  correct
    quality  problems  that  have been verified in accordance
    with  the  written  plan's  methodology   and   criteria,
    including   written  procedures  for  taking  appropriate
    corrective action;
         (4)  follow-up measures implemented to evaluate  the
    effectiveness of the action plan.
    (b)  The  health  care  plan  shall establish a committee
that oversees the quality assessment and improvement strategy
which includes physician and enrollee participation.
    (c)  Reports  on  quality  assessment   and   improvement
activities  shall be made to the governing body of the health
care plan not less than quarterly.
    (d)  The  health  care  plan  shall  make  available  its
written description of the quality assessment program to  the
Department of Public Health.
    (e)  With the exception of subsection (d), the Department
of  Public Health shall accept evidence of accreditation with
regard to the health  care  network  quality  management  and
performance improvement standards of:
         (1)  the  National  Commission  on Quality Assurance
    (NCQA);
         (2)  the    American    Accreditation     Healthcare
    Commission (URAC);
         (3)  the   Joint   Commission  on  Accreditation  of
    Healthcare Organizations (JCAHO); or
         (4)  any other entity that the  Director  of  Public
    Health  deems has substantially similar or more stringent
    standards than provided for in this Section.
    (f)  If the Department of Public Health determines that a
health care plan is not in compliance with the terms of  this
Section,  it  shall  certify the finding to the Department of
Insurance. The Department of Insurance shall subject a health
care plan to penalties, as provided in  this  Act,  for  such
non-compliance.

    Section 85.  Utilization review program registration.
    (a)  No  person  may conduct a utilization review program
in this State unless once every 2 years the person  registers
the  utilization  review  program  with  the  Department  and
certifies  compliance  with the Health Utilization Management
Standards of the American Accreditation Healthcare Commission
(URAC)   sufficient   to   achieve   American   Accreditation
Healthcare  Commission  (URAC)   accreditation   or   submits
evidence  of  accreditation  by  the  American  Accreditation
Healthcare  Commission  (URAC)  for  its  Health  Utilization
Management  Standards. Nothing in this Act shall be construed
to require a health care plan or its subcontractors to become
American   Accreditation   Healthcare    Commission    (URAC)
accredited.
    (b)  In  addition,  the  Director  of  the Department, in
consultation with the Director of the  Department  of  Public
Health,  may certify alternative utilization review standards
of national accreditation organizations or entities in  order
for  plans  to  comply  with  this  Section.  Any alternative
utilization review  standards  shall  meet  or  exceed  those
standards required under subsection (a).
    (c)  The provisions of this Section do not apply to:
         (1)  persons  providing  utilization  review program
    services only to the federal government;
         (2)  self-insured health  plans  under  the  federal
    Employee Retirement Income Security Act of 1974, however,
    this   Section   does   apply  to  persons  conducting  a
    utilization review program  on  behalf  of  these  health
    plans;
         (3)  hospitals   and   medical   groups   performing
    utilization   review  activities  for  internal  purposes
    unless the utilization review program  is  conducted  for
    another person.
    Nothing in this Act prohibits a health care plan or other
entity  from  contractually requiring an entity designated in
item (3) of this subsection  to  adhere  to  the  utilization
review program requirements of this Act.
    (d)  This registration shall include submission of all of
the   following   information  regarding  utilization  review
program activities:
         (1)  The name, address, and telephone number of  the
    utilization review programs.
         (2)  The organization and governing structure of the
    utilization review programs.
         (3)  The  number  of  lives  for  which  utilization
    review is conducted by each utilization review program.
         (4)  Hours  of  operation of each utilization review
    program.
         (5)  Description of the grievance process  for  each
    utilization review program.
         (6)  Number  of  covered lives for which utilization
    review was conducted for the previous calendar  year  for
    each utilization review program.
         (7)  Written  policies and procedures for protecting
    confidential information according  to  applicable  State
    and federal laws for each utilization review program.
    (e) (1)  A  utilization review program shall have written
procedures for  assuring  that  patient-specific  information
obtained during the process of utilization review will be:
         (A)  kept confidential in accordance with applicable
    State and federal laws; and
         (B)  shared  only  with the enrollee, the enrollee's
    designee, the enrollee's health care provider, and  those
    who are authorized by law to receive the information.
    Summary  data  shall not be considered confidential if it
does not provide  information  to  allow  identification   of
individual patients or health care providers.
         (2)  Only  a   health  care  professional  may  make
    determinations regarding the medical  necessity of health
    care services during the course of utilization review.
         (3)  When  making retrospective reviews, utilization
    review programs shall base reviews solely on the  medical
    information  available  to  the  attending  physician  or
    ordering  provider  at  the time the health care services
    were provided.
         (4)  When  making   prospective,   concurrent,   and
    retrospective determinations, utilization review programs
    shall  collect only information that is necessary to make
    the determination and shall not routinely require  health
    care   providers   to   numerically   code  diagnoses  or
    procedures to be  considered  for  certification,  unless
    required  under  State  or  federal  Medicare or Medicaid
    rules or  regulations,  but  may  request  such  code  if
    available, or routinely request copies of medical records
    of   all   enrollees   reviewed.  During  prospective  or
    concurrent review, copies of medical records  shall  only
    be required when necessary to verify that the health care
    services  subject  to  review are medically necessary. In
    these cases, only the necessary or relevant  sections  of
    the medical record shall be required.
    (f)  If  the  Department  finds that a utilization review
program  is  not  in  compliance  with  this   Section,   the
Department  shall  issue a corrective action plan and allow a
reasonable amount of time for compliance with the plan.    If
the utilization review program does not come into compliance,
the  Department  may  issue a cease and desist order.  Before
issuing a cease and desist  order  under  this  Section,  the
Department  shall provide the utilization review program with
a written notice of the reasons for the  order  and  allow  a
reasonable  amount  of  time to supply additional information
demonstrating compliance with requirements  of  this  Section
and  to  request a hearing.  The hearing notice shall be sent
by certified mail, return receipt requested, and the  hearing
shall   be   conducted   in   accordance  with  the  Illinois
Administrative Procedure Act.
    (g)  A utilization review program subject to a corrective
action  may  continue  to  conduct  business  until  a  final
decision has been issued by the Department.
    (h)  Any adverse determination made by a health care plan
or its subcontractors may  be  appealed  in  accordance  with
subsection (f) of Section 45.
    (i)  The  Director  may  by rule establish a registration
fee for each person conducting a utilization review  program.
All  fees  paid  to  and collected by the Director under this
Section  shall  be  deposited  into  the  Insurance  Producer
Administration Fund.

    Section 90.  Office of Consumer Health Insurance.
    (a)  The Director of Insurance shall establish the Office
of  Consumer  Health  Insurance  within  the  Department   of
Insurance to provide assistance and information to all health
care  consumers  within  the  State. Within the appropriation
allocated,  the  Office   shall   provide   information   and
assistance to all health care consumers by:
         (1)  assisting  consumers  in  understanding  health
    insurance marketing materials and the coverage provisions
    of individual plans;
         (2)  educating  enrollees  about their rights within
    individual plans;
         (3)  assisting enrollees with the process of  filing
    formal grievances and appeals;
         (4)  establishing  and  operating  a toll-free "800"
    telephone number line to handle consumer inquiries;
         (5)  making   related   information   available   in
    languages other than English that are spoken as a primary
    language  by  a  significant  portion  of   the   State's
    population, as determined by the Department;
         (6)  analyzing,   commenting   on,  monitoring,  and
    making publicly available reports on the development  and
    implementation   of   federal,  State,  and  local  laws,
    regulations, and other governmental policies and  actions
    that  pertain  to  the  adequacy  of  health  care plans,
    facilities, and services in the State;
         (7)  filing an annual report with the Governor,  the
    Director,  and  the General Assembly, which shall contain
    recommendations for  improvement  of  the  regulation  of
    health  insurance  plans,  including  recommendations  on
    improving  health  care consumer assistance and patterns,
    abuses, and progress that  it  has  identified  from  its
    interaction with health care consumers; and
         (8)  performing all duties assigned to the Office by
    the Director.
    (b)  The report required under subsection (a)(7) shall be
filed by January 31, 2001 and each January 31 thereafter.
    (c)  Nothing  in  this  Section  shall  be interpreted to
authorize access to or disclosure of  individual  patient  or
health care professional or provider records.

    Section 95.  Prohibited activity.  No health care plan or
its  subcontractors by contract, written policy, or procedure
shall  contain  any  clause   attempting   to   transfer   or
transferring  to  a  health care provider by indemnification,
hold harmless, or contribution  requirements  concerning  any
liability  relating  to  activities, actions, or omissions of
the health care plan or its officers, employees,  or  agents.
Nothing  in  this  Section shall relieve any person or health
care provider  from  liability  for  his,  her,  or  its  own
negligence  in  the  performance  of  his, her, or its duties
arising from treatment of a patient.   The  Illinois  General
Assembly finds it to be against public policy for a person to
transfer liability in such a manner.

    Section  100. Prohibition of waiver of rights.  No health
care plan or contract shall contain any provision, policy, or
procedure that limits, restricts, or waives any of the rights
set forth in this Act.  Any such policy or procedure shall be
void and unenforceable.

    Section   105.  Administration   and   enforcement.   The
Director  of Insurance may adopt rules necessary to implement
the Department's responsibilities under this Act.
    To enforce the provisions of this Act, the  Director  may
issue  a cease and desist order or require a health care plan
to submit a plan of correction for violations of this Act, or
both.   Subject   to   the   provisions   of   the   Illinois
Administrative Procedure Act, the Director may,  pursuant  to
Section  403A  of  the Illinois Insurance Code, impose upon a
health  care  plan  an  administrative  fine  not  to  exceed
$250,000  for  failure  to  submit  a   requested   plan   of
correction, failure to comply with its plan of correction, or
repeated violations of the Act.
    Any  person who believes that his or her health care plan
is in violation of the provisions of  this  Act  may  file  a
complaint  with  the  Department. The Department shall review
all  complaints  received  and  investigate  all   of   those
complaints  that it deems to state a potential violation. The
Department shall establish rules to fairly, efficiently,  and
timely  review  and investigate complaints. Health care plans
found to be in violation of this Act shall  be  penalized  in
accordance with this Section.

    Section  110.  Applicability and scope.  This Act applies
to policies and  contracts  amended,  delivered,  issued,  or
renewed  on or after the effective date of this Act. This Act
does  not  diminish  a  health   care   plan's   duties   and
responsibilities  under  other  federal or State law or rules
promulgated thereunder.

    Section   115.  Effect   on   benefits   under   Workers'
Compensation Act  and  Workers'  Occupational  Diseases  Act.
Nothing  in this Act shall be construed to expand, modify, or
restrict the health care benefits provided to employees under
the  Workers'  Compensation  Act  and  Workers'  Occupational
Diseases Act.

    Section 120.  Severability.  The provisions of  this  Act
are severable under Section 1.31 of the Statute on Statutes.

    Section  200.  The State Employees Group Insurance Act of
1971 is amended by changing Sections  3  and  10  and  adding
Section 6.12 as follows:

    (5 ILCS 375/3) (from Ch. 127, par. 523)
    Sec.   3.  Definitions.   Unless  the  context  otherwise
requires, the following words and phrases as used in this Act
shall have the following meanings.  The Department may define
these and other words and phrases separately for the  purpose
of  implementing  specific  programs providing benefits under
this Act.
    (a)  "Administrative  service  organization"  means   any
person,  firm  or  corporation experienced in the handling of
claims  which  is  fully  qualified,  financially  sound  and
capable of meeting the service requirements of a contract  of
administration executed with the Department.
    (b)  "Annuitant"  means  (1)  an employee who retires, or
has retired, on or after January  1,  1966  on  an  immediate
annuity under the provisions of Articles 2, 14, 15 (including
an  employee  who  has  retired under the optional retirement
program established under Section 15-158.2), paragraphs  (2),
(3),  or (5) of Section 16-106, or Article 18 of the Illinois
Pension  Code;  (2)  any  person  who  was  receiving   group
insurance  coverage  under  this  Act as of March 31, 1978 by
reason of his status as an annuitant, even though the annuity
in  relation  to  which  such  coverage  was  provided  is  a
proportional annuity based on less than the minimum period of
service required for  a  retirement  annuity  in  the  system
involved;  (3)  any  person not otherwise covered by this Act
who has retired as a participating member under Article 2  of
the   Illinois   Pension  Code  but  is  ineligible  for  the
retirement  annuity  under  Section  2-119  of  the  Illinois
Pension Code; (4) the spouse of any person who is receiving a
retirement annuity under Article 18 of the  Illinois  Pension
Code  and  who  is  covered  under  a  group health insurance
program sponsored by a governmental employer other  than  the
State  of  Illinois  and who has irrevocably elected to waive
his or her coverage under this Act and to  have  his  or  her
spouse  considered  as the "annuitant" under this Act and not
as a "dependent"; or (5) an  employee  who  retires,  or  has
retired,  from  a qualified position, as determined according
to rules promulgated by the Director, under a qualified local
government  or  a  qualified  rehabilitation  facility  or  a
qualified  domestic  violence  shelter   or   service.   (For
definition of "retired employee", see (p) post).
    (b-5)  "New  SERS  annuitant"  means  a person who, on or
after January 1, 1998, becomes an annuitant,  as  defined  in
subsection   (b),   by  virtue  of  beginning  to  receive  a
retirement annuity under Article 14 of the  Illinois  Pension
Code,  and is eligible to participate in the basic program of
group health benefits provided for annuitants under this Act.
    (b-6)  "New SURS annuitant" means a  person  who,  on  or
after  January  1,  1998, becomes an annuitant, as defined in
subsection  (b),  by  virtue  of  beginning  to   receive   a
retirement  annuity  under Article 15 of the Illinois Pension
Code, and is eligible to participate in the basic program  of
group health benefits provided for annuitants under this Act.
    (b-7)  "New  TRS  State annuitant" means a person who, on
or after July 1, 1998, becomes an annuitant,  as  defined  in
subsection   (b),   by  virtue  of  beginning  to  receive  a
retirement annuity under Article 16 of the  Illinois  Pension
Code  based  on  service as a teacher as defined in paragraph
(2), (3), or (5) of Section  16-106  of  that  Code,  and  is
eligible  to participate in the basic program of group health
benefits provided for annuitants under this Act.
    (c)  "Carrier"  means  (1)  an   insurance   company,   a
corporation   organized  under  the  Limited  Health  Service
Organization Act or the Voluntary Health Services Plan Act, a
partnership, or other nongovernmental organization, which  is
authorized  to  do  group  life  or  group  health  insurance
business  in  Illinois,  or  (2)  the  State of Illinois as a
self-insurer.
    (d)  "Compensation" means salary or wages  payable  on  a
regular  payroll  by  the State Treasurer on a warrant of the
State Comptroller out of any State, trust or federal fund, or
by the Governor of the State through a disbursing officer  of
the  State  out of a trust or out of federal funds, or by any
Department out of State, trust, federal or other  funds  held
by  the  State Treasurer or the Department, to any person for
personal  services  currently  performed,  and  ordinary   or
accidental  disability  benefits  under  Articles  2,  14, 15
(including ordinary or accidental disability  benefits  under
the  optional  retirement  program  established under Section
15-158.2), paragraphs (2), (3), or (5) of Section 16-106,  or
Article  18  of  the  Illinois  Pension  Code, for disability
incurred after January 1, 1966, or benefits payable under the
Workers'  Compensation  or  Occupational  Diseases   Act   or
benefits  payable  under  a  sick  pay  plan  established  in
accordance   with  Section  36  of  the  State  Finance  Act.
"Compensation" also means salary or wages paid to an employee
of any qualified local government or qualified rehabilitation
facility or a qualified domestic violence shelter or service.
    (e)  "Commission"  means  the   State   Employees   Group
Insurance   Advisory   Commission  authorized  by  this  Act.
Commencing July 1, 1984, "Commission" as  used  in  this  Act
means   the   Illinois  Economic  and  Fiscal  Commission  as
established by the Legislative Commission Reorganization  Act
of 1984.
    (f)  "Contributory",  when  referred  to  as contributory
coverage, shall mean optional coverages or  benefits  elected
by  the  member  toward  the  cost of which such member makes
contribution, or which are funded in whole or in part through
the acceptance of a reduction in earnings or the foregoing of
an increase in earnings by an employee, as distinguished from
noncontributory coverage or benefits which are paid  entirely
by  the  State  of Illinois without reduction of the member's
salary.
    (g)  "Department"  means  any  department,   institution,
board,  commission, officer, court or any agency of the State
government  receiving  appropriations  and  having  power  to
certify payrolls to the Comptroller authorizing  payments  of
salary  and  wages against such appropriations as are made by
the General Assembly from any State fund,  or  against  trust
funds  held  by  the  State  Treasurer and includes boards of
trustees of the retirement systems created by Articles 2, 14,
15, 16 and 18 of the  Illinois  Pension  Code.   "Department"
also  includes  the  Illinois  Comprehensive Health Insurance
Board, the Board of Examiners established under the  Illinois
Public Accounting Act, and the Illinois Rural Bond Bank.
    (h)  "Dependent", when the term is used in the context of
the  health  and  life  plan, means a member's spouse and any
unmarried child (1) from birth to age 19 including an adopted
child, a child who lives with the member from the time of the
filing of a petition for adoption until entry of an order  of
adoption,  a stepchild or recognized child who lives with the
member in a parent-child relationship, or a child  who  lives
with  the member if such member is a court appointed guardian
of the child, or (2) age 19 to 23  enrolled  as  a  full-time
student  in any accredited school, financially dependent upon
the member, and eligible as a dependent  for  Illinois  State
income tax purposes, or (3) age 19 or over who is mentally or
physically  handicapped  as defined in the Illinois Insurance
Code. For the health plan only,  the  term  "dependent"  also
includes  any  person enrolled prior to the effective date of
this Section who is dependent upon the member to  the  extent
that  the  member  may  claim  such person as a dependent for
Illinois State income tax deduction purposes; no  other  such
person may be enrolled.
    (i)  "Director"   means  the  Director  of  the  Illinois
Department of Central Management Services.
    (j)  "Eligibility period" means  the  period  of  time  a
member  has  to  elect  enrollment  in  programs or to select
benefits without regard to age, sex or health.
    (k)  "Employee"  means  and  includes  each  officer   or
employee  in the service of a department who (1) receives his
compensation for service rendered  to  the  department  on  a
warrant   issued   pursuant  to  a  payroll  certified  by  a
department or on a warrant or check issued  and  drawn  by  a
department  upon  a  trust,  federal  or  other  fund or on a
warrant issued pursuant to a payroll certified by an  elected
or  duly  appointed  officer  of  the  State  or who receives
payment of the performance of personal services on a  warrant
issued  pursuant  to  a payroll certified by a Department and
drawn by the Comptroller upon  the  State  Treasurer  against
appropriations  made by the General Assembly from any fund or
against trust funds held by the State Treasurer, and  (2)  is
employed  full-time  or  part-time  in  a  position  normally
requiring actual performance of duty during not less than 1/2
of  a  normal  work period, as established by the Director in
cooperation with each department, except that persons elected
by popular vote  will  be  considered  employees  during  the
entire  term  for  which they are elected regardless of hours
devoted to the service of the  State,  and  (3)  except  that
"employee" does not include any person who is not eligible by
reason  of  such person's employment to participate in one of
the State retirement systems under Articles 2, 14, 15 (either
the regular Article 15  system  or  the  optional  retirement
program  established  under Section 15-158.2) or 18, or under
paragraph (2), (3), or (5) of Section 16-106, of the Illinois
Pension Code, but such term  does  include  persons  who  are
employed  during  the 6 month qualifying period under Article
14 of the Illinois Pension Code.  Such term also includes any
person who (1) after January 1, 1966, is  receiving  ordinary
or  accidental  disability  benefits under Articles 2, 14, 15
(including ordinary or accidental disability  benefits  under
the  optional  retirement  program  established under Section
15-158.2), paragraphs (2), (3), or (5) of Section 16-106,  or
Article  18  of  the  Illinois  Pension  Code, for disability
incurred after January 1, 1966, (2) receives total  permanent
or total temporary disability under the Workers' Compensation
Act  or  Occupational  Disease  Act  as  a result of injuries
sustained or illness contracted in the course  of  employment
with  the  State of Illinois, or (3) is not otherwise covered
under this Act and has  retired  as  a  participating  member
under   Article  2  of  the  Illinois  Pension  Code  but  is
ineligible for the retirement annuity under Section 2-119  of
the  Illinois  Pension Code.  However, a person who satisfies
the criteria of the foregoing definition of "employee" except
that such person is made ineligible  to  participate  in  the
State   Universities  Retirement  System  by  clause  (4)  of
subsection (a) of Section 15-107 of the Illinois Pension Code
is  also  an  "employee"  for  the  purposes  of  this   Act.
"Employee" also includes any person receiving or eligible for
benefits under a sick pay plan established in accordance with
Section 36 of the State Finance Act. "Employee" also includes
each  officer or employee in the service of a qualified local
government,  including  persons  appointed  as  trustees   of
sanitary districts regardless of hours devoted to the service
of the sanitary district, and each employee in the service of
a   qualified  rehabilitation  facility  and  each  full-time
employee in the service  of  a  qualified  domestic  violence
shelter   or   service,  as  determined  according  to  rules
promulgated by the Director.
    (l)  "Member"  means  an  employee,  annuitant,   retired
employee or survivor.
    (m)  "Optional   coverages   or   benefits"  means  those
coverages or benefits available to the member on his  or  her
voluntary election, and at his or her own expense.
    (n)  "Program"  means  the  group  life insurance, health
benefits and other employee benefits designed and  contracted
for by the Director under this Act.
    (o)  "Health  plan" means a self-insured health insurance
program offered by the State of Illinois for the purposes  of
benefiting  employees  by  means  of providing, among others,
wellness programs, utilization reviews, second  opinions  and
medical  fee  reviews, as well as for paying for hospital and
medical care up to the maximum coverage provided by the plan,
to its members and their dependents.
    (p)  "Retired employee" means any person who would be  an
annuitant  as  that  term  is defined herein but for the fact
that such person retired prior to January 1, 1966.  Such term
also includes any person formerly employed by the  University
of Illinois in the Cooperative Extension Service who would be
an  annuitant  but  for  the  fact  that such person was made
ineligible  to  participate   in   the   State   Universities
Retirement  System by clause (4) of subsection (a) of Section
15-107 of the Illinois Pension Code.
    (p-6)  "New SURS retired employee" means a person who, on
or after January 1, 1998,  becomes  a  retired  employee,  as
defined  in  subsection  (p),  by  virtue  of  being a person
formerly employed  by  the  University  of  Illinois  in  the
Cooperative  Extension  Service who would be an annuitant but
for  the  fact  that  he  or  she  was  made  ineligible   to
participate  in  the  State Universities Retirement System by
clause (4)  of  subsection  (a)  of  Section  15-107  of  the
Illinois  Pension Code, and who is eligible to participate in
the basic program  of  group  health  benefits  provided  for
retired employees under this Act.
    (q)  "Survivor"  means a person receiving an annuity as a
survivor of an employee or of an annuitant.  "Survivor"  also
includes:  (1)  the  surviving  dependent  of  a  person  who
satisfies  the  definition  of  "employee"  except  that such
person  is  made  ineligible  to  participate  in  the  State
Universities Retirement System by clause  (4)  of  subsection
(a)  of  Section 15-107 of the Illinois Pension Code; and (2)
the surviving dependent of any person  formerly  employed  by
the  University  of  Illinois  in  the  Cooperative Extension
Service who would be an annuitant except for  the  fact  that
such  person  was made ineligible to participate in the State
Universities Retirement System by clause  (4)  of  subsection
(a) of Section 15-107 of the Illinois Pension Code.
    (q-5)  "New  SERS  survivor" means a survivor, as defined
in subsection (q), whose annuity is paid under Article 14  of
the Illinois Pension Code and is based on the death of (i) an
employee  whose  death occurs on or after January 1, 1998, or
(ii) a new SERS annuitant as defined in subsection (b-5).
    (q-6)  "New SURS survivor" means a survivor,  as  defined
in  subsection (q), whose annuity is paid under Article 15 of
the Illinois Pension Code and is based on the death of (i) an
employee whose death occurs on or after January 1, 1998, (ii)
a new SURS annuitant as defined in subsection (b-6), or (iii)
a new SURS retired employee as defined in subsection (p-6).
    (q-7)  "New TRS State  survivor"  means  a  survivor,  as
defined  in  subsection  (q),  whose  annuity  is  paid under
Article 16 of the Illinois Pension Code and is based  on  the
death  of  (i)  an  employee  who  is a teacher as defined in
paragraph (2), (3), or (5) of Section 16-106 of that Code and
whose death occurs on or after July 1, 1998, or  (ii)  a  new
TRS State annuitant as defined in subsection (b-7).
    (r)  "Medical   services"  means  the  services  provided
within the scope of their licenses by  practitioners  in  all
categories licensed under the Medical Practice Act of 1987.
    (s)  "Unit   of   local  government"  means  any  county,
municipality, township, school district, special district  or
other  unit, designated as a unit of local government by law,
which exercises limited  governmental  powers  or  powers  in
respect  to limited governmental subjects, any not-for-profit
association  with  a  membership  that   primarily   includes
townships  and  township  officials,  that  has  duties  that
include  provision  of  research  service,  dissemination  of
information,  and  other  acts  for  the purpose of improving
township government, and that is funded wholly or  partly  in
accordance  with  Section  85-15  of  the  Township Code; any
not-for-profit corporation or association, with a  membership
consisting primarily of municipalities, that operates its own
utility    system,    and    provides   research,   training,
dissemination  of  information,  or  other  acts  to  promote
cooperation between and  among  municipalities  that  provide
utility  services  and  for  the advancement of the goals and
purposes of its membership; the Southern Illinois  Collegiate
Common  Market,  which  is  a  consortium of higher education
institutions  in  Southern   Illinois;   and   the   Illinois
Association  of Park Districts.  "Qualified local government"
means a unit of local government approved by the Director and
participating in a program created under  subsection  (i)  of
Section 10 of this Act.
    (t)  "Qualified   rehabilitation   facility"   means  any
not-for-profit  organization  that  is  accredited   by   the
Commission  on  Accreditation of Rehabilitation Facilities or
certified by the Department of Human Services  (as  successor
to   the   Department  of  Mental  Health  and  Developmental
Disabilities)   to   provide   services   to   persons   with
disabilities and which  receives  funds  from  the  State  of
Illinois  for  providing  those  services,  approved  by  the
Director   and  participating  in  a  program  created  under
subsection (j) of Section 10 of this Act.
    (u)  "Qualified domestic  violence  shelter  or  service"
means  any  Illinois domestic violence shelter or service and
its administrative offices funded by the Department of  Human
Services  (as  successor to the Illinois Department of Public
Aid), approved by the Director and participating in a program
created under subsection (k) of Section 10.
    (v)  "TRS benefit recipient" means a person who:
         (1)  is not a "member" as defined in  this  Section;
    and
         (2)  is  receiving  a  monthly benefit or retirement
    annuity under Article 16 of the  Illinois  Pension  Code;
    and
         (3)  either  (i)  has at least 8 years of creditable
    service under Article 16 of the Illinois Pension Code, or
    (ii) was enrolled in the health insurance program offered
    under that Article on January 1, 1996, or  (iii)  is  the
    survivor  of a benefit recipient who had at least 8 years
    of creditable service under Article 16  of  the  Illinois
    Pension  Code  or  was  enrolled  in the health insurance
    program offered under that Article on the effective  date
    of this amendatory Act of 1995, or (iv) is a recipient or
    survivor  of  a  recipient  of a disability benefit under
    Article 16 of the Illinois Pension Code.
    (w)  "TRS dependent beneficiary" means a person who:
         (1)  is not a "member" or "dependent" as defined  in
    this Section; and
         (2)  is  a  TRS benefit recipient's: (A) spouse, (B)
    dependent parent who is receiving at least half of his or
    her support  from  the  TRS  benefit  recipient,  or  (C)
    unmarried  natural  or adopted child who is (i) under age
    19, or  (ii)  enrolled  as  a  full-time  student  in  an
    accredited  school,  financially  dependent  upon the TRS
    benefit recipient, eligible as a dependent  for  Illinois
    State  income tax purposes, and either is under age 24 or
    was, on January 1, 1996,  participating  as  a  dependent
    beneficiary in the health insurance program offered under
    Article  16 of the Illinois Pension Code, or (iii) age 19
    or over who is  mentally  or  physically  handicapped  as
    defined in the Illinois Insurance Code.
    (x)  "Military  leave  with  pay  and benefits" refers to
individuals in basic training for reserves,  special/advanced
training,  annual  training, emergency call up, or activation
by the President of the United States with approved  pay  and
benefits.
    (y)  "Military  leave without pay and benefits" refers to
individuals who enlist for active duty in a regular component
of the U.S. Armed Forces  or  other  duty  not  specified  or
authorized under military leave with pay and benefits.
    (z)  "Community college benefit recipient" means a person
who:
         (1)  is  not  a "member" as defined in this Section;
    and
         (2)  is receiving a monthly  survivor's  annuity  or
    retirement  annuity  under  Article  15  of  the Illinois
    Pension Code; and
         (3)  either  (i)  was  a  full-time  employee  of  a
    community college district or an association of community
    college boards created under the Public Community College
    Act (other than an employee  whose  last  employer  under
    Article  15  of the Illinois Pension Code was a community
    college district subject to Article  VII  of  the  Public
    Community College Act) and was eligible to participate in
    a  group  health  benefit  plan as an employee during the
    time of employment  with  a  community  college  district
    (other  than  a  community  college  district  subject to
    Article VII of the Public Community College  Act)  or  an
    association  of  community college boards, or (ii) is the
    survivor of a person described in item (i).
    (aa)  "Community college dependent beneficiary"  means  a
person who:
         (1)  is  not a "member" or "dependent" as defined in
    this Section; and
         (2)  is a community college benefit recipient's: (A)
    spouse, (B) dependent parent who is  receiving  at  least
    half  of  his  or  her support from the community college
    benefit recipient, or (C) unmarried  natural  or  adopted
    child  who  is  (i)  under  age 19, or (ii) enrolled as a
    full-time student in an  accredited  school,  financially
    dependent  upon  the community college benefit recipient,
    eligible as a dependent for  Illinois  State  income  tax
    purposes  and  under  age 23, or (iii) age 19 or over and
    mentally or physically  handicapped  as  defined  in  the
    Illinois Insurance Code.
(Source:  P.A.  89-21,  eff.  6-21-95;  89-25,  eff. 6-21-95;
89-76,  eff.  7-1-95;  89-324,  eff.  8-13-95;  89-430,  eff.
12-15-95; 89-502, eff. 7-1-96; 89-507, eff.  7-1-97;  89-628,
eff.  8-9-96; 90-14, eff. 7-1-97; 90-65, eff. 7-7-97; 90-448,
eff. 8-16-97; 90-497, eff.  8-18-97;  90-511,  eff.  8-22-97;
90-582, eff. 5-27-98; 90-655, eff. 7-30-98.)

    (5 ILCS 375/6.12 new)
    Sec.  6.12.   Managed Care Reform and Patient Rights Act.
The program of health benefits is subject to  the  provisions
of the Managed Care Reform and Patient Rights Act, except the
fee for service program shall only be required to comply with
Section   85   and   the  definition  of  "emergency  medical
condition" in Section 10  of  the  Managed  Care  Reform  and
Patient Rights Act.

    (5 ILCS 375/10) (from Ch. 127, par. 530)
    Sec. 10. Payments by State; premiums.
    (a)  The    State   shall   pay   the   cost   of   basic
non-contributory group life insurance and, subject to  member
paid  contributions set by the Department or required by this
Section, the basic program of group health benefits  on  each
eligible  member,  except  a member, not otherwise covered by
this Act, who has retired as  a  participating  member  under
Article  2 of the Illinois Pension Code but is ineligible for
the retirement annuity under Section 2-119  of  the  Illinois
Pension  Code, and part of each eligible member's and retired
member's premiums for health insurance coverage for  enrolled
dependents as provided by Section 9.  The State shall pay the
cost of the basic program of group health benefits only after
benefits  are  reduced  by  the amount of benefits covered by
Medicare for all retired members and retired dependents  aged
65  years  or older who are entitled to benefits under Social
Security  or  the  Railroad  Retirement  system  or  who  had
sufficient Medicare-covered government employment except that
such reduction in benefits shall apply only to those  retired
members  or  retired dependents who (1) first become eligible
for such Medicare coverage on or after July 1, 1992;  or  (2)
remain  eligible for, but no longer receive Medicare coverage
which they had been receiving on or after July 1,  1992.  The
Department  may  determine the aggregate level of the State's
contribution on the basis of actual cost of medical  services
adjusted  for  age,  sex  or  geographic or other demographic
characteristics which affect the costs of such programs.
    The cost of participation in the basic program  of  group
health  benefits for the dependent or survivor of a living or
deceased retired employee who was formerly  employed  by  the
University  of  Illinois in the Cooperative Extension Service
and would be an annuitant but for the fact that he or she was
made ineligible to  participate  in  the  State  Universities
Retirement  System by clause (4) of subsection (a) of Section
15-107 of the Illinois Pension Code shall not be greater than
the cost of participation that would otherwise apply to  that
dependent  or  survivor  if  he  or she were the dependent or
survivor  of  an  annuitant  under  the  State   Universities
Retirement System.
    (a-1)  Beginning  January  1,  1998,  for each person who
becomes a new SERS annuitant and participates  in  the  basic
program  of group health benefits, the State shall contribute
toward the cost of the annuitant's coverage under  the  basic
program  of  group  health  benefits an amount equal to 5% of
that cost for each full year of creditable service upon which
the annuitant's retirement annuity is based, up to a  maximum
of  100% for an annuitant with 20 or more years of creditable
service.  The remainder of the cost of a new SERS annuitant's
coverage under the basic program  of  group  health  benefits
shall be the responsibility of the annuitant.
    (a-2)  Beginning  January  1,  1998,  for each person who
becomes a new SERS survivor and  participates  in  the  basic
program  of group health benefits, the State shall contribute
toward the cost of the survivor's coverage  under  the  basic
program  of  group  health  benefits an amount equal to 5% of
that cost for each full year of the  deceased  employee's  or
deceased   annuitant's   creditable   service  in  the  State
Employees' Retirement System  of  Illinois  on  the  date  of
death,  up to a maximum of 100% for a survivor of an employee
or annuitant with 20 or more  years  of  creditable  service.
The remainder of the cost of the new SERS survivor's coverage
under the basic program of group health benefits shall be the
responsibility of the survivor.
    (a-3)  Beginning  January  1,  1998,  for each person who
becomes a new SURS annuitant and participates  in  the  basic
program  of group health benefits, the State shall contribute
toward the cost of the annuitant's coverage under  the  basic
program  of  group  health  benefits an amount equal to 5% of
that cost for each full year of creditable service upon which
the annuitant's retirement annuity is based, up to a  maximum
of  100% for an annuitant with 20 or more years of creditable
service.  The remainder of the cost of a new SURS annuitant's
coverage under the basic program  of  group  health  benefits
shall be the responsibility of the annuitant.
    (a-4)  Beginning  January  1,  1998,  for each person who
becomes a new SURS retired employee and participates  in  the
basic  program  of  group  health  benefits,  the State shall
contribute toward the cost of the retired employee's coverage
under the basic program of group health  benefits  an  amount
equal  to 5% of that cost for each full year that the retired
employee was an employee as defined in Section  3,  up  to  a
maximum  of  100%  for a retired employee who was an employee
for 20 or more years.  The remainder of the  cost  of  a  new
SURS  retired  employee's coverage under the basic program of
group health benefits shall  be  the  responsibility  of  the
retired employee.
    (a-5)  Beginning  January  1,  1998,  for each person who
becomes a new SURS survivor and  participates  in  the  basic
program  of group health benefits, the State shall contribute
toward the cost of the survivor's coverage  under  the  basic
program  of  group  health  benefits an amount equal to 5% of
that cost for each full year of the  deceased  employee's  or
deceased   annuitant's   creditable   service  in  the  State
Universities Retirement System on the date of death, up to  a
maximum  of  100%  for a survivor of an employee or annuitant
with 20 or more years of creditable service.   The  remainder
of  the  cost  of  the new SURS survivor's coverage under the
basic  program  of  group  health  benefits  shall   be   the
responsibility of the survivor.
    (a-6)  Beginning  July  1,  1998,  for  each  person  who
becomes  a  new  TRS  State annuitant and participates in the
basic program of  group  health  benefits,  the  State  shall
contribute  toward the cost of the annuitant's coverage under
the basic program of group health benefits an amount equal to
5% of that cost for each full year of creditable service as a
teacher as defined in paragraph (2), (3), or (5)  of  Section
16-106   of   the   Illinois  Pension  Code  upon  which  the
annuitant's retirement annuity is based, up to a  maximum  of
100%  for  an  annuitant  with  20  or  more  years  of  such
creditable  service.   The remainder of the cost of a new TRS
State annuitant's coverage under the basic program  of  group
health benefits shall be the responsibility of the annuitant.
    (a-7)  Beginning  July  1,  1998,  for  each  person  who
becomes  a  new  TRS  State  survivor and participates in the
basic program of  group  health  benefits,  the  State  shall
contribute  toward  the cost of the survivor's coverage under
the basic program of group health benefits an amount equal to
5% of that cost for each full year of the deceased employee's
or deceased annuitant's creditable service as  a  teacher  as
defined  in  paragraph  (2), (3), or (5) of Section 16-106 of
the Illinois Pension Code on the  date  of  death,  up  to  a
maximum  of  100%  for a survivor of an employee or annuitant
with 20 or  more  years  of  such  creditable  service.   The
remainder  of  the  cost  of  the  new  TRS  State survivor's
coverage under the basic program  of  group  health  benefits
shall be the responsibility of the survivor.
    (a-8)  A  new SERS annuitant, new SERS survivor, new SURS
annuitant, new SURS retired employee, new SURS survivor,  new
TRS  State  annuitant, or new TRS State survivor may waive or
terminate coverage in the program of group  health  benefits.
Any  such  annuitant,  survivor,  or retired employee who has
waived or terminated coverage may enroll or re-enroll in  the
program  of  group  health  benefits  only  during the annual
benefit choice period, as determined by the Director;  except
that   in  the  event  of  termination  of  coverage  due  to
nonpayment of premiums, the annuitant, survivor,  or  retired
employee may not re-enroll in the program.
    (a-9)  No  later  than  May  1 of each calendar year, the
Director of Central  Management  Services  shall  certify  in
writing  to  the  Executive Secretary of the State Employees'
Retirement System of Illinois the  amounts  of  the  Medicare
supplement health care premiums and the amounts of the health
care  premiums  for  all  other retirees who are not Medicare
eligible.
    A separate calculation of the  premiums  based  upon  the
actual cost of each health care plan shall be so certified.
    The Director of Central Management Services shall provide
to the Executive Secretary of the State Employees' Retirement
System  of  Illinois  such information, statistics, and other
data as he or she may require to review the  premium  amounts
certified by the Director of Central Management Services.
    (b)  State employees who become eligible for this program
on  or  after January 1, 1980 in positions normally requiring
actual performance of duty not less than 1/2 of a normal work
period but not equal to that of a normal work  period,  shall
be  given  the  option  of  participating  in  the  available
program.  If  the  employee  elects coverage, the State shall
contribute on behalf of such employee  to  the  cost  of  the
employee's  benefit  and any applicable dependent supplement,
that sum which bears the same percentage as  that  percentage
of  time the employee regularly works when compared to normal
work period.
    (c)  The basic non-contributory coverage from  the  basic
program  of group health benefits shall be continued for each
employee not in pay status or on active service by reason  of
(1) leave of absence due to illness or injury, (2) authorized
educational  leave  of  absence  or  sabbatical leave, or (3)
military leave with pay and  benefits.  This  coverage  shall
continue  until  expiration of authorized leave and return to
active service, but not to exceed 24 months for leaves  under
item (1) or (2). This 24-month limitation and the requirement
of  returning  to  active  service shall not apply to persons
receiving  ordinary  or  accidental  disability  benefits  or
retirement benefits through the appropriate State  retirement
system   or  benefits  under  the  Workers'  Compensation  or
Occupational Disease Act.
    (d)  The  basic  group  life  insurance  coverage   shall
continue,  with full State contribution, where such person is
(1) absent  from  active  service  by  reason  of  disability
arising  from  any  cause  other  than self-inflicted, (2) on
authorized educational leave of absence or sabbatical  leave,
or (3) on military leave with pay and benefits.
    (e)  Where  the  person is in non-pay status for a period
in excess of 30 days or on leave of absence,  other  than  by
reason  of  disability,  educational  or sabbatical leave, or
military  leave  with  pay  and  benefits,  such  person  may
continue coverage only by making personal  payment  equal  to
the amount normally contributed by the State on such person's
behalf.  Such  payments  and  coverage  may be continued: (1)
until such time as the person returns to  a  status  eligible
for  coverage  at State expense, but not to exceed 24 months,
(2) until such person's employment or annuitant  status  with
the  State  is  terminated,  or (3) for a maximum period of 4
years for members on military leave with pay and benefits and
military leave without pay and  benefits  (exclusive  of  any
additional service imposed pursuant to law).
    (f)  The  Department  shall  establish by rule the extent
to which other employee benefits will continue for persons in
non-pay status or who are not in active service.
    (g)  The State shall  not  pay  the  cost  of  the  basic
non-contributory  group  life  insurance,  program  of health
benefits and other employee  benefits  for  members  who  are
survivors  as defined by paragraphs (1) and (2) of subsection
(q) of Section 3 of this Act.   The  costs  of  benefits  for
these  survivors  shall  be  paid  by the survivors or by the
University of Illinois Cooperative Extension Service, or  any
combination thereof.  However, the State shall pay the amount
of  the  reduction  in  the  cost  of  participation, if any,
resulting from the amendment to subsection (a) made  by  this
amendatory Act of the 91st General Assembly.
    (h)  Those   persons   occupying   positions   with   any
department  as a result of emergency appointments pursuant to
Section 8b.8 of the Personnel Code  who  are  not  considered
employees  under  this  Act  shall  be  given  the  option of
participating in the programs of group life insurance, health
benefits and other employee benefits.  Such persons  electing
coverage  may participate only by making payment equal to the
amount  normally  contributed  by  the  State  for  similarly
situated employees.  Such amounts shall be determined by  the
Director.   Such payments and coverage may be continued until
such time as the person becomes an employee pursuant to  this
Act or such person's appointment is terminated.
    (i)  Any  unit  of  local  government within the State of
Illinois may apply to the Director  to  have  its  employees,
annuitants,   and  their  dependents  provided  group  health
coverage  under  this  Act  on  a  non-insured   basis.    To
participate,  a unit of local government must agree to enroll
all of its employees, who may select  coverage  under  either
the State group health insurance plan or a health maintenance
organization  that  has  contracted  with  the  State  to  be
available  as a health care provider for employees as defined
in this Act.  A unit  of  local  government  must  remit  the
entire  cost  of  providing  coverage  under  the State group
health  insurance  plan  or,  for  coverage  under  a  health
maintenance  organization,  an  amount  determined   by   the
Director  based  on  an  analysis of the sex, age, geographic
location, or other relevant  demographic  variables  for  its
employees, except that the unit of local government shall not
be  required to enroll those of its employees who are covered
spouses or dependents under this plan or another group policy
or  plan  providing  health  benefits  as  long  as  (1)   an
appropriate  official  from  the  unit  of  local  government
attests  that  each employee not enrolled is a covered spouse
or dependent under this plan or another group policy or plan,
and (2) at least 85% of the employees are  enrolled  and  the
unit  of local government remits the entire cost of providing
coverage to those employees.  Employees  of  a  participating
unit of local government who are not enrolled due to coverage
under  another  group  health  policy or plan may enroll at a
later date subject to submission of satisfactory evidence  of
insurability  and  provided that no benefits shall be payable
for services incurred during the first 6 months  of  coverage
to  the  extent  the  services  are   in  connection with any
pre-existing  condition.   A  participating  unit  of   local
government may also elect to cover its annuitants.  Dependent
coverage  shall  be  offered  on  an optional basis, with the
costs paid by the unit of local government, its employees, or
some combination of the two as  determined  by  the  unit  of
local  government.   The  unit  of  local government shall be
responsible  for  timely  collection  and   transmission   of
dependent premiums.
    The  Director  shall  annually determine monthly rates of
payment, subject to the following constraints:
         (1)  In the first year of coverage, the rates  shall
    be   equal  to  the  amount  normally  charged  to  State
    employees for elected optional coverages or for  enrolled
    dependents  coverages or other contributory coverages, or
    contributed by the State for basic insurance coverages on
    behalf of its employees, adjusted for differences between
    State employees and employees of the local government  in
    age,   sex,   geographic   location   or  other  relevant
    demographic variables, plus an amount sufficient  to  pay
    for  the  additional  administrative  costs  of providing
    coverage to employees of the unit of local government and
    their dependents.
         (2)  In subsequent years, a further adjustment shall
    be  made  to  reflect  the  actual  prior  years'  claims
    experience  of  the  employees  of  the  unit  of   local
    government.
    In  the  case  of  coverage of local government employees
under a health maintenance organization, the  Director  shall
annually  determine  for  each  participating  unit  of local
government the maximum monthly amount the unit may contribute
toward that coverage, based on an analysis of  (i)  the  age,
sex,  geographic  location,  and  other  relevant demographic
variables of the unit's employees and (ii) the cost to  cover
those  employees under the State group health insurance plan.
The Director may  similarly  determine  the  maximum  monthly
amount  each  unit  of local government may contribute toward
coverage  of  its  employees'  dependents  under   a   health
maintenance organization.
    Monthly  payments  by the unit of local government or its
employees for group health insurance  or  health  maintenance
organization   coverage  shall  be  deposited  in  the  Local
Government  Health  Insurance  Reserve   Fund.    The   Local
Government   Health   Insurance   Reserve  Fund  shall  be  a
continuing fund not subject to fiscal year limitations.   All
expenditures  from  this  fund shall be used for payments for
health care benefits for local government and  rehabilitation
facility   employees,  annuitants,  and  dependents,  and  to
reimburse  the  Department  or  its  administrative   service
organization  for all expenses incurred in the administration
of benefits.  No other State funds  may  be  used  for  these
purposes.
    A  local government employer's participation or desire to
participate in a program created under this subsection  shall
not   limit   that   employer's  duty  to  bargain  with  the
representative of  any  collective  bargaining  unit  of  its
employees.
    (j)  Any  rehabilitation  facility  within  the  State of
Illinois may apply to the Director  to  have  its  employees,
annuitants,   and  their  dependents  provided  group  health
coverage  under  this  Act  on  a   non-insured   basis.   To
participate,  a  rehabilitation facility must agree to enroll
all of its employees and remit the entire cost  of  providing
such   coverage   for   its   employees,   except   that  the
rehabilitation facility shall not be required to enroll those
of its employees who are covered spouses or dependents  under
this  plan  or  another group policy or plan providing health
benefits as long as (1)  an  appropriate  official  from  the
rehabilitation   facility  attests  that  each  employee  not
enrolled is a covered spouse or dependent under this plan  or
another  group  policy  or  plan, and (2) at least 85% of the
employees are enrolled and the rehabilitation facility remits
the entire cost of providing  coverage  to  those  employees.
Employees  of a participating rehabilitation facility who are
not enrolled due  to  coverage  under  another  group  health
policy  or  plan  may  enroll  at  a  later  date  subject to
submission  of  satisfactory  evidence  of  insurability  and
provided that no  benefits  shall  be  payable  for  services
incurred  during the first 6 months of coverage to the extent
the  services  are  in  connection  with   any   pre-existing
condition.  A  participating rehabilitation facility may also
elect to cover its annuitants. Dependent  coverage  shall  be
offered  on  an  optional  basis,  with the costs paid by the
rehabilitation facility, its employees, or  some  combination
of  the  2  as determined by the rehabilitation facility. The
rehabilitation  facility  shall  be  responsible  for  timely
collection and transmission of dependent premiums.
    The Director shall annually determine quarterly rates  of
payment, subject to the following constraints:
         (1)  In  the first year of coverage, the rates shall
    be  equal  to  the  amount  normally  charged  to   State
    employees  for elected optional coverages or for enrolled
    dependents coverages or other contributory  coverages  on
    behalf of its employees, adjusted for differences between
    State  employees  and  employees  of  the  rehabilitation
    facility  in  age,  sex,  geographic  location  or  other
    relevant demographic variables, plus an amount sufficient
    to   pay  for  the  additional  administrative  costs  of
    providing coverage to  employees  of  the  rehabilitation
    facility and their dependents.
         (2)  In subsequent years, a further adjustment shall
    be  made  to  reflect  the  actual  prior  years'  claims
    experience   of   the  employees  of  the  rehabilitation
    facility.
    Monthly payments by the rehabilitation  facility  or  its
employees  for  group  health insurance shall be deposited in
the Local Government Health Insurance Reserve Fund.
    (k)  Any domestic violence shelter or service within  the
State  of  Illinois  may  apply  to  the Director to have its
employees, annuitants, and their  dependents  provided  group
health  coverage  under  this Act on a non-insured basis.  To
participate, a domestic  violence  shelter  or  service  must
agree  to enroll all of its employees and pay the entire cost
of  providing   such   coverage   for   its   employees.    A
participating  domestic  violence  shelter  may also elect to
cover its annuitants.  Dependent coverage shall be offered on
an optional basis, with employees, or some combination of the
2 as determined by the domestic violence shelter or  service.
The domestic violence shelter or service shall be responsible
for timely collection and transmission of dependent premiums.
    The  Director shall annually determine quarterly rates of
payment, subject to the following constraints:
         (1)  In the first year of coverage, the rates  shall
    be   equal  to  the  amount  normally  charged  to  State
    employees for elected optional coverages or for  enrolled
    dependents  coverages  or other contributory coverages on
    behalf of its employees, adjusted for differences between
    State employees and employees of  the  domestic  violence
    shelter  or  service  in age, sex, geographic location or
    other relevant  demographic  variables,  plus  an  amount
    sufficient to pay for the additional administrative costs
    of  providing  coverage  to  employees  of  the  domestic
    violence shelter or service and their dependents.
         (2)  In subsequent years, a further adjustment shall
    be  made  to  reflect  the  actual  prior  years'  claims
    experience  of  the  employees  of  the domestic violence
    shelter or service.
         (3)  In no case shall the  rate  be  less  than  the
    amount normally charged to State employees or contributed
    by the State on behalf of its employees.
    Monthly  payments  by  the  domestic  violence shelter or
service or its employees for group health insurance shall  be
deposited  in  the  Local Government Health Insurance Reserve
Fund.
    (l)  A  public  community  college  or  entity  organized
pursuant to the Public Community College Act may apply to the
Director initially to have only annuitants not covered  prior
to July 1, 1992 by the district's health plan provided health
coverage   under  this  Act  on  a  non-insured  basis.   The
community  college  must  execute  a   2-year   contract   to
participate  in  the  Local  Government  Health  Plan.  Those
annuitants enrolled initially under this contract shall  have
no  benefits payable for services incurred during the first 6
months  of  coverage  to  the  extent  the  services  are  in
connection with any pre-existing  condition.   Any  annuitant
who  may enroll after this initial enrollment period shall be
subject   to   submission   of   satisfactory   evidence   of
insurability and to the pre-existing conditions limitation.
    The Director shall annually determine  monthly  rates  of
payment  subject  to  the  following  constraints:  for those
community colleges with annuitants only enrolled, first  year
rates  shall be equal to the average cost to cover claims for
a  State   member   adjusted   for   demographics,   Medicare
participation,  and  other factors; and in the second year, a
further adjustment of rates shall  be  made  to  reflect  the
actual   first   year's  claims  experience  of  the  covered
annuitants.
    (m)  The Director shall adopt any rules deemed  necessary
for implementation of this amendatory Act of 1989 (Public Act
86-978).
(Source:  P.A.  89-53,  eff.  7-1-95;  89-236,  eff.  8-4-95;
89-324,  eff.  8-13-95;  89-626,  eff.  8-9-96;  90-65,  eff.
7-7-97;  90-582,  eff. 5-27-98; 90-655, eff. 7-30-98; revised
8-3-98.)

    Section 205.  The State Mandates Act is amended by adding
Section 8.23 as follows:

    (30 ILCS 805/8.23 new)
    Sec. 8.23. Exempt mandate.   Notwithstanding  Sections  6
and  8 of this Act, no reimbursement by the State is required
for  the  implementation  of  any  mandate  created  by  this
amendatory Act of the 91st General Assembly.

    Section 210.  The Counties  Code  is  amended  by  adding
Section 5-1069.8 as follows:

    (55 ILCS 5/5-1069.8 new)
    Sec.  5-1069.8.   Managed  Care Reform and Patient Rights
Act.  All counties, including home rule counties, are subject
to the provisions of the  Managed  Care  Reform  and  Patient
Rights  Act.   The requirement under this Section that health
care benefits provided by counties comply  with  the  Managed
Care  Reform and Patient Rights Act is an exclusive power and
function of the State and is a denial and limitation of  home
rule  county  powers under Article VII, Section 6, subsection
(h) of the Illinois Constitution.

    Section 215.  The Illinois Municipal Code is  amended  by
adding Section 10-4-2.8 as follows:
    (65 ILCS 5/10-4-2.8 new)
    Sec.  10-4-2.8.   Managed  Care Reform and Patient Rights
Act.  The corporate authorities  of  all  municipalities  are
subject  to  the  provisions  of  the Managed Care Reform and
Patient Rights Act.  The requirement under this Section  that
health  care  benefits provided by municipalities comply with
the  Managed  Care  Reform  and  Patient  Rights  Act  is  an
exclusive power and function of the State and is a denial and
limitation of home rule  municipality  powers  under  Article
VII, Section 6, subsection (h) of the Illinois Constitution.

    Section  220.  The  Illinois Insurance Code is amended by
changing Section  370g and adding Sections 155.36, 370s,  and
511.118 as follows:

    (215 ILCS 5/155.36 new)
    Sec. 155.36.  Managed Care Reform and Patient Rights Act.
Insurance  companies  that  transact  the  kinds of insurance
authorized under Class 1(b) or Class 2(a)  of  Section  4  of
this  Code shall comply with Section 85 and the definition of
the term "emergency medical condition" in Section 10  of  the
Managed Care Reform and Patient Rights Act.

    (215 ILCS 5/370g) (from Ch. 73, par. 982g)
    Sec.  370g.   Definitions.   As used in this Article, the
following definitions apply:
    (a)  "Health care services" means health care services or
products rendered or sold by a provider within the  scope  of
the  provider's  license  or  legal  authorization.  The term
includes, but is not limited to, hospital, medical, surgical,
dental, vision and pharmaceutical services or products.
    (b)  "Insurer" means an insurance  company  or  a  health
service   corporation  authorized  in  this  State  to  issue
policies or subscriber contracts which reimburse for expenses
of health care services.
    (c)  "Insured"   means   an   individual   entitled    to
reimbursement  for  expenses  of health care services under a
policy or subscriber contract issued or  administered  by  an
insurer.
    (d)  "Provider"   means  an  individual  or  entity  duly
licensed  or  legally  authorized  to  provide  health   care
services.
    (e)  "Noninstitutional   provider"   means   any   person
licensed  under  the  Medical Practice Act of 1987, as now or
hereafter amended.
    (f)  "Beneficiary"  means  an  individual   entitled   to
reimbursement  for  expenses  of  or the discount of provider
fees for health care  services  under  a  program  where  the
beneficiary  has  an  incentive  to utilize the services of a
provider which has entered into an agreement  or  arrangement
with an administrator.
    (g)  "Administrator"  means  any  person,  partnership or
corporation, other than  an  insurer  or  health  maintenance
organization  holding  a  certificate  of authority under the
"Health Maintenance Organization Act", as  now  or  hereafter
amended,   that  arranges,  contracts  with,  or  administers
contracts with a provider whereby beneficiaries are  provided
an incentive to use the services of such provider.
    (h)  "Emergency   medical   condition"  means  a  medical
condition manifesting itself by acute symptoms of  sufficient
severity   (including   severe  pain)  such  that  a  prudent
layperson, who possesses an average knowledge of  health  and
medicine,  could  reasonably  expect the absence of immediate
medical attention to result in:
         (1)  placing the health of the individual (or,  with
    respect  to  a pregnant woman, the health of the woman or
    her unborn child) in serious jeopardy;
         (2)  serious impairment to bodily functions; or
         (3)  serious dysfunction  of  any  bodily  organ  or
    part.  "Emergency"  means  an accidental bodily injury or
    emergency medical condition which reasonably requires the
    beneficiary or insured to  seek  immediate  medical  care
    under  circumstances  or  at  locations  which reasonably
    preclude the beneficiary or insured from obtaining needed
    medical care from a preferred provider.
(Source: P.A. 88-400.)

    (215 ILCS 5/370s new)
    Sec. 370s.  Managed Care Reform and Patient  Rights  Act.
All  administrators  shall  comply with Sections 55 and 85 of
the Managed Care Reform and Patient Rights Act.

    (215 ILCS 5/511.118 new)
    Sec. 511.118.  Managed Care  Reform  and  Patient  Rights
Act.   All  administrators  are  subject to the provisions of
Sections 55 and 85 of the Managed  Care  Reform  and  Patient
Rights Act.

    Section 225.  The Comprehensive Health Insurance Plan Act
is amended by adding Section 8.6 as follows:

    (215 ILCS 105/8.6 new)
    Sec.  8.6.  Managed  Care  Reform and Patient Rights Act.
The plan is subject to the provisions  of  the  Managed  Care
Reform and Patient Rights Act.

    Section  230.   The  Health  Care Purchasing Group Act is
amended by changing Sections 15 and 20 as follows:

    (215 ILCS 123/15)
    Sec. 15.   Health  care  purchasing  groups;  membership;
formation.
    (a)  An  HPG  may  be an organization formed by 2 or more
employers with no more than 500 covered employees each  2,500
covered  individuals,  an  HPG  sponsor  or a risk-bearer for
purposes of contracting for health insurance under  this  Act
to  cover  employees  and  dependents of HPG members.  An HPG
shall not be prevented from  supplementing  health  insurance
coverage purchased under this Act by contracting for services
from  entities licensed and authorized in Illinois to provide
those services under the Dental Service Plan Act, the Limited
Health Service Organization Act, or Voluntary Health Services
Plans Act.  An HPG may be a separate legal entity or simply a
group of 2 or more employers with no more  than  500  covered
employees  each  2,500  covered  individuals aggregated under
this Act by an  HPG  sponsor  or  risk-bearer  for  insurance
purposes.   There  shall be no limit as to the number of HPGs
that may operate in any geographic area  of  the  State.   No
insurance  risk  may  be  borne  or retained by the HPG.  All
health  insurance  contracts  issued  to  the  HPG  must   be
delivered or issued for delivery in Illinois.
    (b)  Members   of  an  HPG  must  be  Illinois  domiciled
employers, except that an employer  domiciled  elsewhere  may
become  a  member  of an Illinois HPG for the sole purpose of
insuring its employees whose place of employment  is  located
within  this  State.   HPG  membership  may include employers
having no more than 500 covered employees each 2,500  covered
individuals.
    (c)  If  an HPG is formed by any 2 or more employers with
no  more  than  500  covered  employees  each  2,500  covered
individuals, it is authorized to negotiate, solicit,  market,
obtain  proposals  for, and enter into group or master health
insurance contracts  on  behalf  of  its  members  and  their
employees  and employee dependents so long as it meets all of
the following requirements:
         (1)  The HPG must  be  an  organization  having  the
    legal  capacity to contract and having its legal situs in
    Illinois.
         (2)  The  principal  persons  responsible  for   the
    conduct  of  the  HPG  must  perform  their  HPG  related
    functions in Illinois.
         (3)  No  HPG may collect premium in its name or hold
    or manage premium or  claim  fund  accounts  unless  duly
    licensed  and  qualified  as  a  managing  general  agent
    pursuant  to  Section 141a of the Illinois Insurance Code
    or  a  third  party  administrator  pursuant  to  Section
    511.105 of the Illinois Insurance Code.
         (4)  If the HPG gives an offer, application, notice,
    or proposal of insurance to an employer, it must disclose
    to that employer the total cost of the insurance.   Dues,
    fees,  or  charges to be paid to the HPG, HPG sponsor, or
    any  other  entity  as  a  condition  to  purchasing  the
    insurance must be itemized.  The HPG shall also  disclose
    to  its  members  the amount of any dividends, experience
    refunds, or other such  payments  it  receives  from  the
    risk-bearer.
         (5)  An  HPG  must register with the Director before
    entering into a group or master health insurance contract
    on behalf of its members and must renew the  registration
    annually on forms and at times prescribed by the Director
    in  rules specifying, at minimum, (i) the identity of the
    officers and directors, trustees, or attorney-in-fact  of
    the HPG; (ii) a certification that those persons have not
    been  convicted  of any felony offense involving a breach
    of fiduciary duty or improper manipulation  of  accounts;
    and (iii) the number of employer members then enrolled in
    the  HPG, together with any other information that may be
    needed to carry out the purposes of this Act.
         (6)  At the time of initial  registration  and  each
    renewal  thereof  an  HPG  shall pay a fee of $100 to the
    Director.
    (d)  If an HPG is formed by an HPG sponsor or risk-bearer
and the HPG performs no marketing, negotiation, solicitation,
or proposing  of  insurance  to  HPG  members,  exclusive  of
ministerial acts performed by individual employers to service
their  own employees, then a group or master health insurance
contract may be issued in the name of the HPG and held by  an
HPG  sponsor,  risk-bearer,  or  designated  employer  member
within  the  State.   In  these  cases  the  HPG requirements
specified in subsection (c) shall not be applicable, however:
         (1)  the group or master health  insurance  contract
    must  contain  a  provision permitting the contract to be
    enforced through legal action initiated by  any  employer
    member  or  by  an employee of an HPG member who has paid
    premium for the coverage provided;
         (2)  the group or master health  insurance  contract
    must  be  available for inspection and copying by any HPG
    member, employee, or insured dependent  at  a  designated
    location  within  the State at all normal business hours;
    and
         (3)  any  information  concerning   HPG   membership
    required by rule under item (5) of subsection (c) must be
    provided  by  the  HPG  sponsor  in  its registration and
    renewal  forms  or  by  the  risk-bearer  in  its  annual
    reports.
(Source: P.A. 90-337, eff. 1-1-98; 90-655, eff. 7-30-98.)

    (215 ILCS 123/20)
    Sec. 20.  HPG sponsors. Except as provided by Sections 15
and 25 of this Act, only  a  corporation  authorized  by  the
Secretary  of  State  to  transact  business  in Illinois may
sponsor one or more HPGs with no  more  than  100,000  10,000
covered  individuals by negotiating, soliciting, or servicing
health insurance contracts for HPGs and their members. Such a
corporation may assert and maintain authority to  act  as  an
HPG   sponsor   by   complying  with  all  of  the  following
requirements:
         (1)  The   principal    officers    and    directors
    responsible  for  the  conduct  of  the  HPG sponsor must
    perform their HPG sponsor related functions in Illinois.
         (2)  No insurance risk may be borne or  retained  by
    the HPG sponsor; all health insurance contracts issued to
    HPGs  through  the  HPG  sponsor  must  be  delivered  in
    Illinois.
         (3)  No  HPG sponsor may collect premium in its name
    or hold or manage premium or claim fund  accounts  unless
    duly  qualified  and licensed as a managing general agent
    pursuant to Section 141a of the Illinois  Insurance  Code
    or  as  a  third  party administrator pursuant to Section
    511.105 of the Illinois Insurance Code.
         (4)  If the HPG gives an offer, application, notice,
    or proposal of insurance to an employer, it must disclose
    the total cost of the insurance. Dues, fees,  or  charges
    to  be  paid to the HPG, HPG sponsor, or any other entity
    as a  condition  to  purchasing  the  insurance  must  be
    itemized.  The HPG shall also disclose to its members the
    amount  of  any  dividends,  experience refunds, or other
    such payments it receives from the risk-bearer.
         (5)  An HPG sponsor must register with the  Director
    before    negotiating  or  soliciting any group or master
    health insurance contract for any HPG and must renew  the
    registration annually on forms and at times prescribed by
    the  Director  in  rules  specifying, at minimum, (i) the
    identity of the officers and directors of the HPG sponsor
    corporation; (ii) a certification that those persons have
    not been convicted of  any  felony  offense  involving  a
    breach  of  fiduciary  duty  or  improper manipulation of
    accounts; (iii)  the  number  of  employer  members  then
    enrolled  in  each  HPG sponsored; (iv) the date on which
    each HPG was issued a group or  master  health  insurance
    contract,  if  any;  and  (v) the date on which each such
    contract, if any, was terminated.
         (6)  At the time of initial  registration  and  each
    renewal thereof an HPG sponsor shall pay a fee of $100 to
    the Director.
(Source: P.A. 90-337, eff. 1-1-98.)

    Section  235.  The Health Maintenance Organization Act is
amended by changing Sections 2-2 and 6-7 and  adding  Section
5-3.6 as follows:

    (215 ILCS 125/2-2) (from Ch. 111 1/2, par. 1404)
    Sec.  2-2.  Determination by Director; Health Maintenance
Advisory Board.
    (a) Upon receipt of an  application  for  issuance  of  a
certificate  of authority, the Director shall transmit copies
of  such  application  and  accompanying  documents  to   the
Director  of  the  Illinois  Department of Public Health. The
Director of  the  Department  of  Public  Health  shall  then
determine whether the applicant for certificate of authority,
with respect to health care services to be furnished: (1) has
demonstrated  the willingness and potential ability to assure
that such health care service will be provided in a manner to
insure  both  availability  and  accessibility  of   adequate
personnel   and   facilities   and   in  a  manner  enhancing
availability, accessibility, and continuity of  service;  and
(2)   has   arrangements,   established  in  accordance  with
regulations promulgated by the Department  of  Public  Health
for  an  ongoing  quality  of  health  care assurance program
concerning  health  care   processes   and   outcomes.   Upon
investigation,  the  Director  of  the  Department  of Public
Health shall certify to the  Director  whether  the  proposed
Health  Maintenance  Organization  meets  the requirements of
this subsection (a). If the Director  of  the  Department  of
Public   Health   certifies   that   the  Health  Maintenance
Organization  does  not  meet  such  requirements,  he  shall
specify in what respect it is deficient.
    There is created in the Department  of  Public  Health  a
Health  Maintenance  Advisory  Board  composed of 11 members.
Nine 9 members shall who have practiced in the health  field,
4 of which shall have been or are currently affiliated with a
Health  Maintenance Organization. Two of the members shall be
members of the general public, one of whom is over  50  years
of  age.   Each  member shall be appointed by the Director of
the Department of Public Health and serve at the pleasure  of
that  Director and shall receive no compensation for services
rendered other than  reimbursement  for  expenses.  Six  Five
members  of the Board shall constitute a quorum. A vacancy in
the membership of the Advisory Board  shall  not  impair  the
right  of  a  quorum  to  exercise all rights and perform all
duties of the Board. The Health  Maintenance  Advisory  Board
has  the  power  to  review and comment on proposed rules and
regulations  to  be  promulgated  by  the  Director  of   the
Department  of  Public  Health  within  30  days  after those
proposed rules and regulations have  been  submitted  to  the
Advisory Board.
    (b)  Issuance  of  a  certificate  of  authority shall be
granted if the following conditions are met:
         (1)  the requirements of subsection (c)  of  Section
    2-1 have been fulfilled;
         (2)  the  persons responsible for the conduct of the
    affairs of the applicant are competent, trustworthy,  and
    possess   good  reputations,  and  have  had  appropriate
    experience, training or education;
         (3)  the Director of the Department of Public Health
    certifies  that  the  Health  Maintenance  Organization's
    proposed plan of operation meets the requirements of this
    Act;
         (4)  the Health Care  Plan  furnishes  basic  health
    care  services  on  a prepaid basis, through insurance or
    otherwise,   except   to   the   extent   of   reasonable
    requirements for co-payments or deductibles as authorized
    by this Act;
         (5)  the   Health   Maintenance   Organization    is
    financially responsible and may reasonably be expected to
    meet   its   obligations  to  enrollees  and  prospective
    enrollees; in making  this  determination,  the  Director
    shall consider:
              (A)  the financial soundness of the applicant's
         arrangements  for  health  services  and the minimum
         standard  rates,  co-payments  and   other   patient
         charges used in connection therewith;
              (B)  the  adequacy  of  working  capital, other
         sources   of    funding,    and    provisions    for
         contingencies; and
              (C)  that  no certificate of authority shall be
         issued if the  initial  minimum  net  worth  of  the
         applicant  is  less than $2,000,000. The initial net
         worth shall be provided in cash  and  securities  in
         combination and form acceptable to the Director;
         (6)  the agreements with providers for the provision
    of  health  services  contain  the provisions required by
    Section 2-8 of this Act; and
         (7)  any deficiencies  identified  by  the  Director
    have been corrected.
(Source: P.A. 86-620; 86-1475.)

    (215 ILCS 125/5-3.6 new)
    Sec. 5-3.6.   Managed Care Reform and Patient Rights Act.
Health   maintenance   organizations   are   subject  to  the
provisions of the Managed Care Reform and Patient Rights Act.

    (215 ILCS 125/6-7) (from Ch. 111 1/2, par. 1418.7)
    Sec. 6-7.  Board of Directors.  The board of directors of
the Association consists of not less than 7 5 nor  more  than
11  9  members  serving  terms  as established in the plan of
operation.  The members of the board are to  be  selected  by
member organizations subject to the approval of the Director,
except  the  Director  shall  name  2 members who are current
enrollees, one of whom is over 50 years of age.  Vacancies on
the board must be filled for the remaining period of the term
in the manner described in the plan of operation.  To  select
the  initial  board  of directors, and initially organize the
Association, the Director must  give  notice  to  all  member
organizations  of  the  time  and place of the organizational
meeting.  In determining voting rights at the  organizational
meeting  each  member organization is entitled to one vote in
person or by  proxy.   If  the  board  of  directors  is  not
selected  at  the  organizational  meeting,  the Director may
appoint the initial members.
    In approving selections or in appointing members  to  the
board,   the  Director  must  consider,  whether  all  member
organizations are fairly represented.
    Members of the board may be reimbursed from the assets of
the Association for expenses incurred by them as  members  of
the  board  of  directors  but  members  of the board may not
otherwise  be  compensated  by  the  Association  for   their
services.
(Source: P.A. 85-20.)

    Section 240.  The Limited Health Service Organization Act
is amended by adding Section 4002.6 as follows:

    (215 ILCS 130/4002.6 new)
    Sec. 4002.6.  Managed Care Reform and Patient Rights Act.
Except for health care plans offering only dental services or
only  vision  services,  limited health service organizations
are subject to the provisions of the Managed Care Reform  and
Patient Rights Act.

    Section  245.  The Voluntary Health Services Plans Act is
amended by adding Section 15.30 as follows:

    (215 ILCS 165/15.30 new)
    Sec. 15.30.  Managed Care Reform and Patient Rights  Act.
A   health   service  plan  corporation  is  subject  to  the
provisions of the Managed Care Reform and Patient Rights Act.

    Section 250.  The Illinois Public Aid Code is amended  by
adding Section 5-16.12 as follows:

    (305 ILCS 5/5-16.12 new)
    Sec.  5-16.12.   Managed  Care  Reform and Patient Rights
Act.  The  medical  assistance  program  and  other  programs
administered  by the Department are subject to the provisions
of the Managed Care Reform  and  Patient  Rights  Act.    The
Department  may  adopt  rules  to implement those provisions.
These rules shall require compliance with  that  Act  in  the
medical  assistance  managed care programs and other programs
administered  by  the  Department.   The  medical  assistance
fee-for-service program is not subject to the  provisions  of
the Managed Care Reform and Patient Rights Act.
    Nothing in the Managed Care Reform and Patient Rights Act
shall  be  construed  to mean that the Department is a health
care  plan  as  defined  in  that  Act  simply  because   the
Department  enters into contractual relationships with health
care plans.
    Section 299.  Effective date.  This Section  and  Section
200  of  this  Act take effect upon becoming law; Sections 25
and 85 take effect July 1, 2000; and the  remaining  Sections
of this Act take effect January 1, 2000.

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