Rep. Mary E. Flowers
Filed: 3/26/2009
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1 | AMENDMENT TO HOUSE BILL 528
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2 | AMENDMENT NO. ______. Amend House Bill 528, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The State Employees Group Insurance Act of 1971 | ||||||
6 | is amended by changing Section 6.11 as follows:
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7 | (5 ILCS 375/6.11)
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8 | (Text of Section before amendment by P.A. 95-958 ) | ||||||
9 | Sec. 6.11. Required health benefits; Illinois Insurance | ||||||
10 | Code
requirements. The program of health
benefits shall provide | ||||||
11 | the post-mastectomy care benefits required to be covered
by a | ||||||
12 | policy of accident and health insurance under Section 356t of | ||||||
13 | the Illinois
Insurance Code. The program of health benefits | ||||||
14 | shall provide the coverage
required under Sections 356g.5,
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15 | 356u, 356w, 356x, 356z.2, 356z.4, 356z.6, 356z.9, 356z.10, | ||||||
16 | 356z.13
356z.11 , and 356z.14 , and 356z.15
of the
Illinois |
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1 | Insurance Code.
The program of health benefits must comply with | ||||||
2 | Section 155.37 of the
Illinois Insurance Code.
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3 | (Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07; | ||||||
4 | 95-520, eff. 8-28-07; 95-876, eff. 8-21-08; 95-978, eff. | ||||||
5 | 1-1-09; 95-1005, eff. 12-12-08; revised 12-15-08.)
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6 | (Text of Section after amendment by P.A. 95-958 )
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7 | Sec. 6.11. Required health benefits; Illinois Insurance | ||||||
8 | Code
requirements. The program of health
benefits shall provide | ||||||
9 | the post-mastectomy care benefits required to be covered
by a | ||||||
10 | policy of accident and health insurance under Section 356t of | ||||||
11 | the Illinois
Insurance Code. The program of health benefits | ||||||
12 | shall provide the coverage
required under Sections 356g.5,
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13 | 356u, 356w, 356x, 356z.2, 356z.4, 356z.6, 356z.9, 356z.10, | ||||||
14 | 356z.11, and 356z.12 , 356z.13
356z.11 , and 356z.14 , and 356z.15 | ||||||
15 | of the
Illinois Insurance Code.
The program of health benefits | ||||||
16 | must comply with Section 155.37 of the
Illinois Insurance Code.
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17 | (Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07; | ||||||
18 | 95-520, eff. 8-28-07; 95-876, eff. 8-21-08; 95-958, eff. | ||||||
19 | 6-1-09; 95-978, eff. 1-1-09; 95-1005, eff. 12-12-08; revised | ||||||
20 | 12-15-08.) | ||||||
21 | Section 10. The Counties Code is amended by changing | ||||||
22 | Section 5-1069.3 as follows: | ||||||
23 | (55 ILCS 5/5-1069.3)
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1 | (Text of Section before amendment by P.A. 95-958 )
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2 | Sec. 5-1069.3. Required health benefits. If a county, | ||||||
3 | including a home
rule
county, is a self-insurer for purposes of | ||||||
4 | providing health insurance coverage
for its employees, the | ||||||
5 | coverage shall include coverage for the post-mastectomy
care | ||||||
6 | benefits required to be covered by a policy of accident and | ||||||
7 | health
insurance under Section 356t and the coverage required | ||||||
8 | under Sections 356g.5, 356u,
356w, 356x, 356z.6, 356z.9, | ||||||
9 | 356z.10, 356z.13
356z.11 , and 356z.14 , and 356z.15 of
the | ||||||
10 | Illinois Insurance Code. The requirement that health benefits | ||||||
11 | be covered
as provided in this Section is an
exclusive power | ||||||
12 | and function of the State and is a denial and limitation under
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13 | Article VII, Section 6, subsection (h) of the Illinois | ||||||
14 | Constitution. A home
rule county to which this Section applies | ||||||
15 | must comply with every provision of
this Section.
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16 | (Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07; | ||||||
17 | 95-520, eff. 8-28-07; 95-876, eff. 8-21-08; 95-978, eff. | ||||||
18 | 1-1-09; 95-1005, eff. 12-12-08; revised 12-15-08.)
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19 | (Text of Section after amendment by P.A. 95-958 ) | ||||||
20 | Sec. 5-1069.3. Required health benefits. If a county, | ||||||
21 | including a home
rule
county, is a self-insurer for purposes of | ||||||
22 | providing health insurance coverage
for its employees, the | ||||||
23 | coverage shall include coverage for the post-mastectomy
care | ||||||
24 | benefits required to be covered by a policy of accident and | ||||||
25 | health
insurance under Section 356t and the coverage required |
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1 | under Sections 356g.5, 356u,
356w, 356x, 356z.6, 356z.9, | ||||||
2 | 356z.10, 356z.11, and 356z.12 , 356z.13
356z.11 , and 356z.14 , | ||||||
3 | and 356z.15 of
the Illinois Insurance Code. The requirement | ||||||
4 | that health benefits be covered
as provided in this Section is | ||||||
5 | an
exclusive power and function of the State and is a denial | ||||||
6 | and limitation under
Article VII, Section 6, subsection (h) of | ||||||
7 | the Illinois Constitution. A home
rule county to which this | ||||||
8 | Section applies must comply with every provision of
this | ||||||
9 | Section.
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10 | (Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07; | ||||||
11 | 95-520, eff. 8-28-07; 95-876, eff. 8-21-08; 95-958, eff. | ||||||
12 | 6-1-09; 95-978, eff. 1-1-09; 95-1005, eff. 12-12-08; revised | ||||||
13 | 12-15-08.) | ||||||
14 | Section 15. The Illinois Municipal Code is amended by | ||||||
15 | changing Section 10-4-2.3 as follows: | ||||||
16 | (65 ILCS 5/10-4-2.3)
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17 | (Text of Section before amendment by P.A. 95-958 )
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18 | Sec. 10-4-2.3. Required health benefits. If a | ||||||
19 | municipality, including a
home rule municipality, is a | ||||||
20 | self-insurer for purposes of providing health
insurance | ||||||
21 | coverage for its employees, the coverage shall include coverage | ||||||
22 | for
the post-mastectomy care benefits required to be covered by | ||||||
23 | a policy of
accident and health insurance under Section 356t | ||||||
24 | and the coverage required
under Sections 356g.5, 356u, 356w, |
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1 | 356x, 356z.6, 356z.9, 356z.10, 356z.13
356z.11 , and 356z.14 , | ||||||
2 | and 356z.15 of the Illinois
Insurance
Code. The requirement | ||||||
3 | that health
benefits be covered as provided in this is an | ||||||
4 | exclusive power and function of
the State and is a denial and | ||||||
5 | limitation under Article VII, Section 6,
subsection (h) of the | ||||||
6 | Illinois Constitution. A home rule municipality to which
this | ||||||
7 | Section applies must comply with every provision of this | ||||||
8 | Section.
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9 | (Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07; | ||||||
10 | 95-520, eff. 8-28-07; 95-876, eff. 8-21-08; 95-978, eff. | ||||||
11 | 1-1-09; 95-1005, eff. 12-12-08; revised 12-15-08.)
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12 | (Text of Section after amendment by P.A. 95-958 ) | ||||||
13 | Sec. 10-4-2.3. Required health benefits. If a | ||||||
14 | municipality, including a
home rule municipality, is a | ||||||
15 | self-insurer for purposes of providing health
insurance | ||||||
16 | coverage for its employees, the coverage shall include coverage | ||||||
17 | for
the post-mastectomy care benefits required to be covered by | ||||||
18 | a policy of
accident and health insurance under Section 356t | ||||||
19 | and the coverage required
under Sections 356g.5, 356u, 356w, | ||||||
20 | 356x, 356z.6, 356z.9, 356z.10, 356z.11, and 356z.12 , 356z.13
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21 | 356z.11 , and 356z.14 , and 356z.15 of the Illinois
Insurance
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22 | Code. The requirement that health
benefits be covered as | ||||||
23 | provided in this is an exclusive power and function of
the | ||||||
24 | State and is a denial and limitation under Article VII, Section | ||||||
25 | 6,
subsection (h) of the Illinois Constitution. A home rule |
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1 | municipality to which
this Section applies must comply with | ||||||
2 | every provision of this Section.
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3 | (Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07; | ||||||
4 | 95-520, eff. 8-28-07; 95-876, eff. 8-21-08; 95-958, eff. | ||||||
5 | 6-1-09; 95-978, eff. 1-1-09; 95-1005, eff. 12-12-08; revised | ||||||
6 | 12-15-08.) | ||||||
7 | Section 20. The Illinois Insurance Code is amended by | ||||||
8 | adding Section 356z.15 as follows: | ||||||
9 | (215 ILCS 5/356z.15 new) | ||||||
10 | Sec. 356z.15. Hospital patient assessments. A group or | ||||||
11 | individual policy of accident and health insurance or managed | ||||||
12 | care plan amended, delivered, issued, or renewed after the | ||||||
13 | effective date of this amendatory Act of the 96th General | ||||||
14 | Assembly that provides coverage for hospital care shall include | ||||||
15 | in that coverage all services ordered by a physician and | ||||||
16 | provided in the hospital that are considered medically | ||||||
17 | necessary for the evaluation, assessment, and diagnosis of the | ||||||
18 | illness or condition that resulted in the hospital stay of the | ||||||
19 | enrollee or recipient. Such services are subject to reasonable | ||||||
20 | review and utilization standards required by the policy or plan | ||||||
21 | for all hospital services, as defined by the Division of | ||||||
22 | Insurance of the Illinois Department of Financial and | ||||||
23 | Professional Regulation, or its successor agency. |
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1 | Section 25. The Illinois Public Aid Code is amended by | ||||||
2 | changing Section 5-16.8 as follows:
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3 | (305 ILCS 5/5-16.8)
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4 | Sec. 5-16.8. Required health benefits. The medical | ||||||
5 | assistance program
shall
(i) provide the post-mastectomy care | ||||||
6 | benefits required to be covered by a policy of
accident and | ||||||
7 | health insurance under Section 356t and the coverage required
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8 | under Sections 356g.5, 356u, 356w, 356x, and 356z.6 , and | ||||||
9 | 356z.15 of the Illinois
Insurance Code and (ii) be subject to | ||||||
10 | the provisions of Section 364.01 of the Illinois
Insurance | ||||||
11 | Code.
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12 | (Source: P.A. 95-189, eff. 8-16-07; 95-331, eff. 8-21-07.)
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13 | Section 30. The Medical Patient Rights Act is amended by | ||||||
14 | changing Sections 2.04 and 5 and adding Sections 5.1 and 5.2 as | ||||||
15 | follows:
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16 | (410 ILCS 50/2.04) (from Ch. 111 1/2, par. 5402.04)
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17 | Sec. 2.04.
"Insurance company" means (1) an insurance | ||||||
18 | company, fraternal
benefit society, and any other insurer | ||||||
19 | subject to regulation under the
Illinois Insurance Code; or (2) | ||||||
20 | a health maintenance organization , a limited health service | ||||||
21 | organization under the Limited Health Service Organization | ||||||
22 | Act, or a voluntary health services plan under the Voluntary | ||||||
23 | Health Services Plans Act .
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1 | (Source: P.A. 85-677; 85-679.)
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2 | (410 ILCS 50/5)
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3 | Sec. 5. Statement of hospital patient's rights.
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4 | (a) Each patient admitted to a hospital, and the guardian | ||||||
5 | or authorized
representative or parent of a minor patient, | ||||||
6 | shall be given a written
statement of all the rights enumerated | ||||||
7 | in this Act, or a similar statement of
patients' rights | ||||||
8 | required of the hospital by the Joint Commission on
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9 | Accreditation of Healthcare Organizations or a similar | ||||||
10 | accrediting
organization. The statement shall be given at the | ||||||
11 | time of admission or as soon
thereafter as the condition of the | ||||||
12 | patient permits.
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13 | (b) If a patient is unable to read the written statement, a | ||||||
14 | hospital
shall make a reasonable effort to provide it to the | ||||||
15 | guardian or authorized
representative of the patient.
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16 | (c) The statement shall also include the right not to be | ||||||
17 | discriminated against by the hospital due to the patient's | ||||||
18 | race, color, or national origin where such characteristics are | ||||||
19 | not relevant to the patient's medical diagnosis and treatment. | ||||||
20 | The statement shall further provide each admitted patient or | ||||||
21 | the patient's representative or guardian with notice of how to | ||||||
22 | initiate a grievance regarding improper discrimination with | ||||||
23 | the hospital and how the patient may lodge a grievance with the | ||||||
24 | Illinois Department of Public Health regardless of whether the | ||||||
25 | patient has first used the hospital's grievance process. |
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1 | (Source: P.A. 88-56; 88-670, eff. 12-2-94.)
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2 | (410 ILCS 50/5.1 new)
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3 | Sec. 5.1. Discrimination grievance procedures. Upon | ||||||
4 | receipt of a grievance alleging unlawful discrimination on the | ||||||
5 | basis of race, color, or national origin, the hospital must | ||||||
6 | investigate the claim and work with the patient to address | ||||||
7 | valid or proven concerns in accordance with the hospital's | ||||||
8 | grievance process. At the conclusion of the hospital's | ||||||
9 | grievance process, the hospital shall inform the patient that | ||||||
10 | such grievances may be reported to the Illinois Department of | ||||||
11 | Public Health if not resolved to the patient's satisfaction at | ||||||
12 | the hospital level. | ||||||
13 | (410 ILCS 50/5.2 new)
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14 | Sec. 5.2. Emergency room anti-discrimination notice. Every | ||||||
15 | hospital shall post a sign next to or in close proximity of its | ||||||
16 | sign required by Section 489.20 (q)(1) of Title 42 of the Code | ||||||
17 | of Federal Regulations stating the following: | ||||||
18 | "You have the right not to be discriminated against by the | ||||||
19 | hospital due to your race, color, or national origin if these | ||||||
20 | characteristics are unrelated to your diagnosis or treatment. | ||||||
21 | If you believe this right has been violated, please call | ||||||
22 | (insert number for hospital grievance officer)."
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23 | Section 95. No acceleration or delay. Where this Act makes |
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1 | changes in a statute that is represented in this Act by text | ||||||
2 | that is not yet or no longer in effect (for example, a Section | ||||||
3 | represented by multiple versions), the use of that text does | ||||||
4 | not accelerate or delay the taking effect of (i) the changes | ||||||
5 | made by this Act or (ii) provisions derived from any other | ||||||
6 | Public Act. | ||||||
7 | Section 99. Effective date. This Act takes effect upon | ||||||
8 | becoming law.".
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