093_SB1417eng

 
SB1417 Engrossed                     LRB093 05171 JLS 05231 b

 1        AN ACT concerning insurance.

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

 4        Section 5.  The Illinois Insurance  Code  is  amended  by
 5    changing Section 356x as follows:

 6        (215 ILCS 5/356x)
 7        Sec.  356x.  Coverage  for colorectal cancer examinations
 8    screening.
 9        (a)  An individual or group policy of accident and health
10    insurance providing coverage on an expense incurred basis,  a
11    self-insured group arrangement to the extent not preempted by
12    federal  law,  and a managed health care delivery plan of any
13    type or description, that is amended, delivered,  issued,  or
14    renewed on or after the effective date of this amendatory Act
15    of  the  93rd  General  Assembly  that provides coverage to a
16    resident of this State must provide benefits or coverage  for
17    all  colorectal  cancer examinations and laboratory tests for
18    cancer for any asymptomatic covered individual.
19        Coverage required under  this  Section  shall  provide  a
20    covered   individual,   in   consultation  with  his  or  her
21    physician,  with  a  choice  of   cancer   examinations   and
22    laboratory  tests,  but only in accordance with the following
23    frequency and type:
24             (1)  For persons age 50 and over:
25                  (A)  either  a  fecal  occult  blood  test   or
26             immunochemical  fecal blood test conducted annually,
27             or
28                  (B)  a flexible sigmoidoscopy conducted every 5
29             years, or
30                  (C)  a   fecal    occult    blood    test    or
31             immunochemical  fecal  blood test conducted annually
 
SB1417 Engrossed            -2-      LRB093 05171 JLS 05231 b
 1             in addition to a  flexible  sigmoidoscopy  conducted
 2             every 5 years, or
 3                  (D)  a  double  contrast barium enema conducted
 4             every 5 years, or
 5                  (E)  a colonoscopy conducted every 10 years.
 6             Coverage  under   this   subdivision   (1)   permits
 7        additional screening only if the frequency period for the
 8        prior examination or test has expired.
 9             (2)  For persons at high risk for colorectal cancer,
10        either  a fecal occult blood test or immunochemical fecal
11        blood test, a flexible sigmoidoscopy, a  double  contrast
12        barium  enema, or a colonoscopy at a frequency determined
13        by the covered individual in consultation with his or her
14        physician  and  in  accordance  with  generally  accepted
15        medical standards.
16        An "individual at high risk for colorectal cancer" is  an
17    individual  who,  because of family history, prior experience
18    of cancer  or  precursor  neoplastic  polyps,  a  history  of
19    chronic   digestive  disease  (including  inflammatory  bowel
20    disease,  Crohn's  Disease,  or  ulcerative   colitis),   the
21    presence  of  any  appropriate  recognized  gene  markers for
22    colorectal cancer, or other  predisposing  factors,  faces  a
23    high risk of colorectal cancer.
24        The  coverage  required  under this Section must meet the
25    requirements set forth in subsection (b).
26        (b)  To encourage colorectal cancer screenings,  patients
27    and  health  care  providers  must  not  be  required to meet
28    burdensome criteria  or  overcome  obstacles  to  secure  the
29    coverage.   An  individual  may  not  be  required  to pay an
30    additional deductible or  coinsurance  for  testing  that  is
31    greater  than an annual deductible or coinsurance established
32    for similar benefits.  If the program or  contract  does  not
33    cover  a similar benefit, a deductible or coinsurance may not
34    be set at a level that materially diminishes the value of the
 
SB1417 Engrossed            -3-      LRB093 05171 JLS 05231 b
 1    colorectal cancer benefit required.
 2        (c)  An entity subject to this Section  is  not  required
 3    under   this   Section   to  provide  for  a  referral  to  a
 4    non-participating health care  provider,  unless  the  entity
 5    does  not  have  an  appropriate health care provider that is
 6    available and accessible to administer the screening exam and
 7    that is a participating health care provider with respect  to
 8    the treatment.
 9        (d)  If  an  entity  subject  to  this  Section refers an
10    individual  to  a  non-participating  health  care   provider
11    pursuant  to  this Section, services provided pursuant to the
12    approved screening exam or resulting treatment (if any) shall
13    be provided at no additional cost to the insured beyond  what
14    the  insured  would  otherwise pay for services provided by a
15    participating health care provider. An insurer shall  provide
16    in  each  group  policy, contract, or certificate of accident
17    and health insurance amended, delivered, issued,  or  renewed
18    covering persons who are residents of this State coverage for
19    colorectal  cancer  screening  with  sigmoidoscopy  or  fecal
20    occult  blood  testing once every 3 years for persons who are
21    at least 50 years old.
22        (b)  For persons who may be classified as high  risk  for
23    colorectal cancer because the person or a first degree family
24    member  of the person has a history of colorectal cancer, the
25    coverage required under subsection (a) shall apply to persons
26    who have attained at least 30 years of age.
27        (c)  This  Section  does   not   apply   to   agreements,
28    contracts,  or policies that provide coverage for a specified
29    disease or other limited benefit coverage.
30    (Source: P.A. 90-741, eff. 1-1-99.)

31        Section 99.  Effective date.  This Act takes effect  upon
32    becoming law.