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| 1 | | cardiovascular risk assessment demonstrating clinical |
| 2 | | appropriateness consistent with evidence-based |
| 3 | | guidelines. |
| 4 | | (b) Coverage shall be provided at intervals consistent |
| 5 | | with evidence-based clinical guidelines and shall not be |
| 6 | | subject to more restrictive limitations than other diagnostic |
| 7 | | imaging services covered under the policy. |
| 8 | | (c) For policies subject to cost-sharing requirements, the |
| 9 | | cost sharing for a coronary calcium scan and scoring shall not |
| 10 | | exceed the cost sharing applied to comparable diagnostic |
| 11 | | imaging services. |
| 12 | | (d) Nothing in this Section shall be construed to require |
| 13 | | coverage in a manner inconsistent with federal law. |
| 14 | | Section 10. The Health Maintenance Organization Act is |
| 15 | | amended by changing Section 5-3 as follows: |
| 16 | | (215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2) |
| 17 | | Sec. 5-3. Illinois Insurance Code provisions. |
| 18 | | (a) Health Maintenance Organizations shall be subject to |
| 19 | | the provisions of Sections 133, 134, 136, 137, 139, 140, |
| 20 | | 141.1, 141.2, 141.3, 143, 143.31, 143c, 147, 148, 149, 151, |
| 21 | | 152, 153, 154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, |
| 22 | | 155.49, 352c, 355.2, 355.3, 355.6, 355.7, 355b, 355c, 356f, |
| 23 | | 356g, 356g.5-1, 356m, 356q, 356u.10, 356v, 356w, 356x, 356z.2, |
| 24 | | 356z.3a, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, 356z.9, |
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| 1 | | 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, |
| 2 | | 356z.18, 356z.19, 356z.20, 356z.21, 356z.22, 356z.23, 356z.24, |
| 3 | | 356z.25, 356z.26, 356z.28, 356z.29, 356z.30, 356z.31, 356z.32, |
| 4 | | 356z.33, 356z.34, 356z.35, 356z.36, 356z.37, 356z.38, 356z.39, |
| 5 | | 356z.40, 356z.40a, 356z.41, 356z.44, 356z.45, 356z.46, |
| 6 | | 356z.47, 356z.48, 356z.49, 356z.50, 356z.51, 356z.53, 356z.54, |
| 7 | | 356z.55, 356z.56, 356z.57, 356z.58, 356z.59, 356z.60, 356z.61, |
| 8 | | 356z.62, 356z.63, 356z.64, 356z.65, 356z.66, 356z.67, 356z.68, |
| 9 | | 356z.69, 356z.70, 356z.71, 356z.72, 356z.73, 356z.74, 356z.75, |
| 10 | | 356z.76, 356z.77, 356z.78, 356z.79, 356z.80, 356z.81, 356z.82, |
| 11 | | 356z.83, 356z.84, 356z.85, 356z.88, 364, 364.01, 364.3, 367.2, |
| 12 | | 367.2-5, 367i, 368a, 368b, 368c, 368d, 368e, 370a, 370c, |
| 13 | | 370c.1, 401, 401.1, 402, 403, 403A, 408, 408.2, 409, 412, 444, |
| 14 | | and 444.1, paragraph (c) of subsection (2) of Section 367, and |
| 15 | | Articles IIA, VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV, |
| 16 | | XXVI, and XXXIIB of the Illinois Insurance Code. |
| 17 | | (b) For purposes of the Illinois Insurance Code, except |
| 18 | | for Sections 444 and 444.1 and Articles XIII and XIII 1/2, |
| 19 | | Health Maintenance Organizations in the following categories |
| 20 | | are deemed to be "domestic companies": |
| 21 | | (1) a corporation authorized under the Dental Service |
| 22 | | Plan Act or the Voluntary Health Services Plans Act; |
| 23 | | (2) a corporation organized under the laws of this |
| 24 | | State; or |
| 25 | | (3) a corporation organized under the laws of another |
| 26 | | state, 30% or more of the enrollees of which are residents |
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| 1 | | of this State, except a corporation subject to |
| 2 | | substantially the same requirements in its state of |
| 3 | | organization as is a "domestic company" under Article VIII |
| 4 | | 1/2 of the Illinois Insurance Code. |
| 5 | | (c) In considering the merger, consolidation, or other |
| 6 | | acquisition of control of a Health Maintenance Organization |
| 7 | | pursuant to Article VIII 1/2 of the Illinois Insurance Code, |
| 8 | | (1) the Director shall give primary consideration to |
| 9 | | the continuation of benefits to enrollees and the |
| 10 | | financial conditions of the acquired Health Maintenance |
| 11 | | Organization after the merger, consolidation, or other |
| 12 | | acquisition of control takes effect; |
| 13 | | (2)(i) the criteria specified in subsection (1)(b) of |
| 14 | | Section 131.8 of the Illinois Insurance Code shall not |
| 15 | | apply and (ii) the Director, in making his determination |
| 16 | | with respect to the merger, consolidation, or other |
| 17 | | acquisition of control, need not take into account the |
| 18 | | effect on competition of the merger, consolidation, or |
| 19 | | other acquisition of control; |
| 20 | | (3) the Director shall have the power to require the |
| 21 | | following information: |
| 22 | | (A) certification by an independent actuary of the |
| 23 | | adequacy of the reserves of the Health Maintenance |
| 24 | | Organization sought to be acquired; |
| 25 | | (B) pro forma financial statements reflecting the |
| 26 | | combined balance sheets of the acquiring company and |
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| 1 | | the Health Maintenance Organization sought to be |
| 2 | | acquired as of the end of the preceding year and as of |
| 3 | | a date 90 days prior to the acquisition, as well as pro |
| 4 | | forma financial statements reflecting projected |
| 5 | | combined operation for a period of 2 years; |
| 6 | | (C) a pro forma business plan detailing an |
| 7 | | acquiring party's plans with respect to the operation |
| 8 | | of the Health Maintenance Organization sought to be |
| 9 | | acquired for a period of not less than 3 years; and |
| 10 | | (D) such other information as the Director shall |
| 11 | | require. |
| 12 | | (d) The provisions of Article VIII 1/2 of the Illinois |
| 13 | | Insurance Code and this Section 5-3 shall apply to the sale by |
| 14 | | any health maintenance organization of greater than 10% of its |
| 15 | | enrollee population (including, without limitation, the health |
| 16 | | maintenance organization's right, title, and interest in and |
| 17 | | to its health care certificates). |
| 18 | | (e) In considering any management contract or service |
| 19 | | agreement subject to Section 141.1 of the Illinois Insurance |
| 20 | | Code, the Director (i) shall, in addition to the criteria |
| 21 | | specified in Section 141.2 of the Illinois Insurance Code, |
| 22 | | take into account the effect of the management contract or |
| 23 | | service agreement on the continuation of benefits to enrollees |
| 24 | | and the financial condition of the health maintenance |
| 25 | | organization to be managed or serviced, and (ii) need not take |
| 26 | | into account the effect of the management contract or service |
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| 1 | | agreement on competition. |
| 2 | | (f) Except for small employer groups as defined in the |
| 3 | | Small Employer Rating, Renewability and Portability Health |
| 4 | | Insurance Act and except for medicare supplement policies as |
| 5 | | defined in Section 363 of the Illinois Insurance Code, a |
| 6 | | Health Maintenance Organization may by contract agree with a |
| 7 | | group or other enrollment unit to effect refunds or charge |
| 8 | | additional premiums under the following terms and conditions: |
| 9 | | (i) the amount of, and other terms and conditions with |
| 10 | | respect to, the refund or additional premium are set forth |
| 11 | | in the group or enrollment unit contract agreed in advance |
| 12 | | of the period for which a refund is to be paid or |
| 13 | | additional premium is to be charged (which period shall |
| 14 | | not be less than one year); and |
| 15 | | (ii) the amount of the refund or additional premium |
| 16 | | shall not exceed 20% of the Health Maintenance |
| 17 | | Organization's profitable or unprofitable experience with |
| 18 | | respect to the group or other enrollment unit for the |
| 19 | | period (and, for purposes of a refund or additional |
| 20 | | premium, the profitable or unprofitable experience shall |
| 21 | | be calculated taking into account a pro rata share of the |
| 22 | | Health Maintenance Organization's administrative and |
| 23 | | marketing expenses, but shall not include any refund to be |
| 24 | | made or additional premium to be paid pursuant to this |
| 25 | | subsection (f)). The Health Maintenance Organization and |
| 26 | | the group or enrollment unit may agree that the profitable |
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| 1 | | or unprofitable experience may be calculated taking into |
| 2 | | account the refund period and the immediately preceding 2 |
| 3 | | plan years. |
| 4 | | The Health Maintenance Organization shall include a |
| 5 | | statement in the evidence of coverage issued to each enrollee |
| 6 | | describing the possibility of a refund or additional premium, |
| 7 | | and upon request of any group or enrollment unit, provide to |
| 8 | | the group or enrollment unit a description of the method used |
| 9 | | to calculate (1) the Health Maintenance Organization's |
| 10 | | profitable experience with respect to the group or enrollment |
| 11 | | unit and the resulting refund to the group or enrollment unit |
| 12 | | or (2) the Health Maintenance Organization's unprofitable |
| 13 | | experience with respect to the group or enrollment unit and |
| 14 | | the resulting additional premium to be paid by the group or |
| 15 | | enrollment unit. |
| 16 | | In no event shall the Illinois Health Maintenance |
| 17 | | Organization Guaranty Association be liable to pay any |
| 18 | | contractual obligation of an insolvent organization to pay any |
| 19 | | refund authorized under this Section. |
| 20 | | (g) Rulemaking authority to implement Public Act 95-1045, |
| 21 | | if any, is conditioned on the rules being adopted in |
| 22 | | accordance with all provisions of the Illinois Administrative |
| 23 | | Procedure Act and all rules and procedures of the Joint |
| 24 | | Committee on Administrative Rules; any purported rule not so |
| 25 | | adopted, for whatever reason, is unauthorized. |
| 26 | | (Source: P.A. 103-84, eff. 1-1-24; 103-91, eff. 1-1-24; |
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| 1 | | 103-123, eff. 1-1-24; 103-154, eff. 6-30-23; 103-420, eff. |
| 2 | | 1-1-24; 103-426, eff. 8-4-23; 103-445, eff. 1-1-24; 103-551, |
| 3 | | eff. 8-11-23; 103-605, eff. 7-1-24; 103-618, eff. 1-1-25; |
| 4 | | 103-649, eff. 1-1-25; 103-656, eff. 1-1-25; 103-700, eff. |
| 5 | | 1-1-25; 103-718, eff. 7-19-24; 103-751, eff. 8-2-24; 103-753, |
| 6 | | eff. 8-2-24; 103-758, eff. 1-1-25; 103-777, eff. 8-2-24; |
| 7 | | 103-808, eff. 1-1-26; 103-914, eff. 1-1-25; 103-918, eff. |
| 8 | | 1-1-25; 103-1024, eff. 1-1-25; 104-1, eff. 6-9-25; 104-28, |
| 9 | | eff. 1-1-26; 104-42, eff. 8-1-25; 104-68, eff. 1-1-26; 104-73, |
| 10 | | eff. 1-1-26; 104-98, eff. 1-1-26; 104-289, eff. 1-1-26; |
| 11 | | 104-324, eff. 1-1-26; 104-334, eff. 8-15-25; 104-379, eff. |
| 12 | | 1-1-26; 104-417, eff. 8-15-25; revised 11-21-25.) |
| 13 | | Section 15. The Illinois Public Aid Code is amended by |
| 14 | | changing Section 5-16.8 as follows: |
| 15 | | (305 ILCS 5/5-16.8) |
| 16 | | Sec. 5-16.8. Required health benefits. |
| 17 | | (a) The medical assistance program shall (i) provide the |
| 18 | | post-mastectomy care benefits required to be covered by a |
| 19 | | policy of accident and health insurance under Section 356t and |
| 20 | | the coverage required under Sections 356g.5, 356q, 356u, 356w, |
| 21 | | 356x, 356z.6, 356z.26, 356z.29, 356z.32, 356z.33, 356z.34, |
| 22 | | 356z.35, 356z.46, 356z.47, 356z.51, 356z.53, 356z.59, 356z.60, |
| 23 | | 356z.61, 356z.64, 356z.67, 356z.71, and 356z.75, and 356z.80, |
| 24 | | 356z.84, and 356z.85 of the Illinois Insurance Code, (ii) be |
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| 1 | | subject to the provisions of Sections 356z.19, 356z.44, |
| 2 | | 356z.49, 364.01, 370c, and 370c.1 of the Illinois Insurance |
| 3 | | Code, and (iii) be subject to the provisions of subsection |
| 4 | | (d-5) of Section 10 of the Network Adequacy and Transparency |
| 5 | | Act. |
| 6 | | The Department, by rule, shall adopt a model similar to |
| 7 | | the requirements of Section 356z.39 of the Illinois Insurance |
| 8 | | Code. |
| 9 | | On and after July 1, 2012, the Department shall reduce any |
| 10 | | rate of reimbursement for services or other payments or alter |
| 11 | | any methodologies authorized by this Code to reduce any rate |
| 12 | | of reimbursement for services or other payments in accordance |
| 13 | | with Section 5-5e. |
| 14 | | To ensure full access to the benefits set forth in this |
| 15 | | Section, on and after January 1, 2016, the Department shall |
| 16 | | ensure that provider and hospital reimbursement for |
| 17 | | post-mastectomy care benefits required under this Section are |
| 18 | | no lower than the Medicare reimbursement rate. |
| 19 | | (b)(1) Subject to appropriation and federal approval, the |
| 20 | | Department shall provide coverage under the medical assistance |
| 21 | | program for a medically necessary coronary artery calcium scan |
| 22 | | and scoring for an eligible individual who: |
| 23 | | (A) is between 40 and 75 years of age; |
| 24 | | (B) is assessed by a licensed health care provider as |
| 25 | | having moderate or greater risk of atherosclerotic |
| 26 | | cardiovascular disease based on a documented |
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| 1 | | cardiovascular risk assessment consistent with nationally |
| 2 | | recognized evidence-based clinical guidelines; |
| 3 | | (C) does not have a prior diagnosis of coronary artery |
| 4 | | disease; and |
| 5 | | (D) has not received a covered coronary artery calcium |
| 6 | | scan within the previous 5 years, unless medically |
| 7 | | necessary as determined by the Department. |
| 8 | | (2) Coverage under this subsection shall be provided |
| 9 | | without cost sharing to the beneficiary. |
| 10 | | (3) The Department may adopt reasonable utilization |
| 11 | | controls consistent with other diagnostic imaging services |
| 12 | | covered under the medical assistance program. |
| 13 | | (4) Implementation of coverage under this subsection shall |
| 14 | | occur only to the extent that federal financial participation |
| 15 | | is available and approved by the federal Centers for Medicare |
| 16 | | and Medicaid Services. |
| 17 | | (Source: P.A. 103-84, eff. 1-1-24; 103-91, eff. 1-1-24; |
| 18 | | 103-420, eff. 1-1-24; 103-605, eff. 7-1-24; 103-703, eff. |
| 19 | | 1-1-25; 103-758, eff. 1-1-25; 103-1024, eff. 1-1-25; 104-73, |
| 20 | | eff. 1-1-26; 104-324, eff. 1-1-26; 104-379, eff. 1-1-26; |
| 21 | | 104-417, eff. 8-15-25; revised 11-21-25.)". |